CITY  CHARTERS 


Colorado  Springs  1909 

Dallas 1907 

Dallas  (with  Amendments)  1909 

Denver 1904 

Grand  Junction 1909 

Grand  Rapids 1904 

Houston 1905 

Memphis 1909 

Mobile 1906 

Mount  Vernon 1910 

Palo  Alto 1911 

San  Antonio 1907 

Tulsa 1909 


J  5/3 

As.  or 


:jy- 


THE  CHARTER  OF  THE  CITY  OF  COLORADO  SPRINGS 


FRAMED  BY  THE  CHARTER  CONVENTION,  MARCH  20.  1909 


BY  AUTHORITY  OF  ARTICLE  XX.  OF  THE  CONSTITUTION 


TO  BE  VOTED  ON  MAY  11.  1909 


C_u  l^       v--'-v,a_iv.^^'\. 


THE  CHARTER  OF  THE  CITY  OF  COLORADO  SPRINGS 

FRAMED  BY  THE  CHARTER  CONVENTION.  MARCH  20,   1909 


BY  AUTHORITY  OF  ARTICLE  XX.  OF  THE  CONSTITUTION 


TO  BE  VOTED  ON  MAY  II,  1909 


THIC    t)lT  W  i;s  r  I'KIN'l  IN<;   AND  STATIONERY  CO.,  <<)L«)KA1>0  S1'HIN( 


OFFICERS  AND  MEMBERS  OF 
IE  CHARTER  CONVENTION  OF  THE  CITY  OF  COLORADO  SPRINGS 


OFFICERS  AND  EMPLOYES 

PRESIDENT HARRY  H.  SELDOMRIDGE 

VICE-PRESIDENT JAMES  J.  EUBANK 

SECRETARY,- EDWARD  C.  SHARER 

ASSISTANT  SECRETARY.      .     .     .  GEORGE  M.  IRWIN 

STENOGRAPHER. MARY  L.  RICHARDSON 


MEMBERS 


WILLIAM  M.  BANNING 
JACOB  BISHOFF 
WILLARD  N.  BURGESS 
FRANK  F.  CASTELLO 
WILLIAM  J.  CHINN 
.  JAMES  J.  EUBANK 
THOMAS  J    F;SHER 
JOSEPH  B.  FOWLER 
MOSES  C.  GiLE 
OLIVER  P.  GRIMES 
HENRY  C.  HALL 


JOHN  M.  HARNAN 
HENRY   W.  HOAGLAND 
P,  M.  KISTLER 
HORACE  G.  LUNT 
THOMAS  F.  McCAFFERY 
MYER  S.  RAFIELD 
HARRY  H.  SELDOMRIDGE 
EDWARD  C.  SHARER 
WILLIAM  H.  SPURGEON 
EDGAR  J.  ULLRICH 


PREFATORY  SYNOPSIS. 


The  Charter  Convention,  elected  on  January  19,  1909,  submits  to 
the  voters  for  approval,  a  draft  of  the  Charter  for  the  City  of  Colorado 
Springs. 

The  Charter  provides  that  the  legislative,  executive  and  judicial 
powers  of  the  City  shall  extend  to  all  matters  of  local  and  municipal 
government.  The  City  shall  have  all  the  powers,  privileges  and 
functions  which  are  granted  by  the  constitution  or  laws  of  this  State 
to  any  city  of  the  first  class.  The  powers  of  the  City  are  vested  in 
the  elective  officers,  the  Mayor  and  four  Councilmen,  elected  at  large 
for  four  year  terms  and  subject  to  recall. 

The  legislative  powers  of  the  City  are  vested  in  the  Council,  ex- 
cept as  reserved  to  the  people  by  the  provisions  as  to  initiative  and 
referendum. 

The  executive  and  administrative  power,  authority  and  duty  of 
the  City  are  distributed  among  five  departments: 

Department  of  Water  and  Water  Works, 

Department  of  Finance, 

Department  of  Public  Safety, 

Department  of  Public  Works  and  Property, 

Department  of  Public  Health  and  Sanitation. 

The  Mayor  is  to  be  the  Commissioner  of  Water  and  Water  Works. 
The  Council  designates  by  majority  vote  one  Councilman  to  be  Com- 
missioner of  each  of  the  other  departments. 

The  Mayor  is  to  be  the  chief  executive  officer  of  the  City  and  upon 
the  recommendation  of  the  Commissioner  of  the  appropriate  depart- 
ment, appoints  the  heads  of  such  department  and  all  other  employes 
in  the  service  of  the  City.  He  is  allowed  to  suspend  or  remove  any 
officer  or  employe  when,  in  his  judgment,  the  public  interests  demand. 

The  proposed  Charter  preserves  every  valuable  feature  of  the 
laws  of  the  State  of  Colorado,  and  has  only  introduced  such  new 
methods  or  machinery  as  after  careful  consideration,  were  deemed 
advisable  and  necessary  in  the  assumption  of  home  rule. 

A  complete,  non-partisan  system  for  the  election  of  municipal 
officers  has  been  provided. 

Adequate  provision  for  Civil  Service  has  been  made. 

M17218 


Special  attention  is  called  to  the  provisions  made  for  the  admin- 
istration of  the  Water  Department,  and  the  refunding  of  outstanding 
water  bonds. 

The  rights  of  the  City  are  carefully  guarded  in  the  matter  of 
public  franchises  and  utilities.  The  Charter  retains  in  the  people  the 
right  to  control  public  utilities,  and  requires  that  provision  shall  be 
made  in  every  franchise  hereafter  granted  permitting  the  City  to 
purchase  at  a  fair  valuation  such  public  utilities  whenever  the  peo- 
ple shall  deem  it  best  so  to  do  and  vote  in  favor  thereof. 

The  contents  are  arranged  as  follows : 

Article  I.  Name,  Boundaries,  Powers,  Rights  and  Liabilities. 

Article  II.  Elective  Officers. 

Article  III.  The  Council. 

Article  IV.  The  Mayor. 

Article  V.  Executive  and  Administrative  Departments. 

Article  VI.  Department  of  Water  and  Water  Works. 

Article  VII.  Department  of  Finance. 

Article  VIII.  Department  of  Public  Safety. 

Article  IX.  Department  of  Public  Works  and  Property. 

Article  X.  Department  of  Public  Health  and  Sanitation. 

Article  XI.  Commissions  and  Boards. 

Article  XII.  Franchises  and  Pubhc  UtiHties. 

Article  XIII.  Elections. 

Article  XIV.  Recall  of  Elective  Officers. 

Article  XV.  The  Initiative. 

Article  XVI.  The  Referendum. 

Article  XVII.    Officers,  Employes  and  Salaries. 

Article  XVIII.  Civil  Service. 

Article  XIX.  General  Provisions. 


THE  CHARTER  OF  THE  CITY  OF  COLORADO  SPRINGS. 


PREAMBLE. 


We,  the  people  of  the  City  of  Colorado  Springs,  under  the  authori- 
ty of  the  Constitution  of  the  State  of  Colorado,  do  ordain  and  estab- 
Hsh  this  Charter  for  the  City  of  Colorado  Springs. 

ARTICLE  I. 
Name;,  Boundaries,  Powers,  Rights  and  Liabilities. 

1.  Name — Boundaries. — ^The  municipal  corporation  now  existing 
and  known  as  the  "City  of  Colorado  Springs,"  shall  remain  and  con- 
tinue to  be  a  body  politic  and  corporate  under  the  same  name  and 
with  the  same  boundaries,  with  power  and  authority  to  change  its 
boundaries  in  manner  authorized  by  law. 

2.  Powers — Rights — Liabilities. — (a)  By  the  name  of  the  "City 
of  Colorado  Springs,"  the  City  shall  have  perpetual  succession,  and 
shall  own,  possess  and__^hold  all  property,  real  and  personal,  thereto- 
fore owned,  possessed  or  held  by  the  said  City  of  Colorado  Springs, 
and  shall  assume,  manage  and  dispose  of  all  trusts  in  any  way  con- 
nected therewith ; 

(b)  Shall  succeed  to  all  the  rights  and  liabilities,  and  shall  acquire 
all  benefits,  and  shall  assume  and  pay  all  bonds,  obligations  and 
indebtedness  of  said  City  of  Colorado  Springs;  by  that  name  may 
sue  and  defend,  plead  and  be  impleaded,  in  all  courts  and  places, 
and  in  all  matters  and  proceedings;  may  have  and  use  a  common 
seal  and  alter  the  same  at  pleasure;  may  purchase,  receive,  hold  and 
enjoy,  or  sell  and  dispose  of,  real  and  personal  property; 

(c)  May  receive  bequests,  gifts  and  donations  of  all  kinds  of  prop- 
erty, in  fee  simple,  or  in  trust  for  public,  charitable  or  other  purposes; 
and  do  all  things  and  acts  necessary  to  carry  out  the  purpose  of  such 
gifts,  bequests  and  donations,  with  power  to  manage,  sell,  lease  or 
otherwise  dispose  of  the  same  in  accordance  with  the  terms  of  the 
gift,  bequest  or  donation ; 

(J)  Shall  have  the  power,  within  or  without  its  territorial  limits, 
to  construct,  condemn  and  purchase,  purchase,  acquire,  lease,  add  to, 
maintain,  conduct  and  operate,  waterworks,  light  plants,  power 
plants,  transportation  systems,  heating  plants,  and  any  other  pubHc 
utilities  or  works  or  ways  local  in  use  and  extent,  in  whole  or  in  part, 
and  everything  required  therefor,  for  the  use  of  said  City  and  the 
inhabitants  thereof,  and  any  such  systems,  plants  or  works  or  ways, 
or  any  contracts  in  relation  or  connection  therewith,  that  may  exist 
and  which  said  City  may  desire  to  purchase,  in  whole  or  in  part,  the 

5 


same  or  any  part  thereof  may  be  purchased  by  said  City  which  may 
enforce  such  purchase  by  proceedings  at  law  as  in  taking  land  for 
public  use  by  right  of  eminent  domain,  and  shall  have  the  power  to 
issue  bonds  upon  the  vote  of  the  taxpaying  electors,  at  any  special 
or  general  election,  in  any  amount  necessary  to  carry  out  any  of 
said  powers  or  purposes ; 

(e)  The  legislative,  executive  and  judicial  powers  of  the  City  shall 
extend  to  all  matters  of  local  and  municipal  government,  it  being 
the  intent  hereof  that  the  specifications  of  particular  powers  by  any 
other  provision  of  this  Charter,  shall  never  be  construed  as  impair- 
ing the  effect  of  the  general  grant  of  powers  of  local  government 
hereby  bestowed ; 

(/)  The  City  shall  also  have  all  powers,  privileges  and  functions 
which,  by  or  pursuant  to  the  Constitution  of  this  State,  have  been  or 
could  be  granted  to  or  exercised  by  any  City  of  the  first  class ; 

(g)  All  powers  of  the  City  shall,  except  as  otherwise  provided  in 
this  Charter,  be  vested  in  the  elective  officers,  subject  to  distribution 
and  delegation  of  such  powers  as  provided  in  this  Charter  or  by 
ordinance. 

ARTICLE  II.  .    . 

ELECTIVE  OFFICERS. 

3.  Officers — ^Terms. — ^The  elective  officers  of  the  City  shall  be  a 
Mayor  and  four  Councilmen,  each  of  whom  shall  be  elected  at  large  by 
the  qualified  electors  of  the  City.  The  term  of  all  elective  officers,  ex- 
cept as  otherwise  provided  herein,  shall  commence  at  lo  o'clock  a.  m., 
on  the  first  secular  day  of  May  following  their  election,  and,  except  as 
otherwise  provided  herein,  shall  be  for  four  years  and  until  their  suc- 
cessors are  elected  and  qualified;  provided,  however,  that  of  the  four. 
Councilmen  first  elected  under  this  Charter,  the  term  of  the  two 
receiving  the  highest  number  of  votes  shall  be  for  four  years,  and  the 
term  of  the  other  two  shall  be  for  two  years;  and  provided,  further, 
that  the  terms  of  the  elective  officers  first  elected  under  this  Charter 
shall  commence  at  lo  o'clock  A.  M.  on  the  third  Tuesday  following 
the  first  general  municipal  election  held  under  this  Charter  and  shall 
end  at  lo  o'clock  a.  m.  of  the  first  secular  day  of  May  following  the 
election  of  their  successors. 

4.  Qualifications. — No  person  shall  be  eligible  to  the  office  of 
Mayor  or  Councilman  unless  he  be  a  citizen  of  the  United  States,  at 
least  twenty-five  years  of  age,  and  shall  have  been  for  five  years  im- 
mediately preceding  such  election  a  citizen  of  the  City  of  Colorado 
Springs,  and  for  two  years  immediately  preceding  his  election  shall 
have  paid  City  taxes. 

5.  Vacancy. — If  a  vacancy  occur  in  the  office  of  Mayor  or  Council- 
man, the  Council  shall  appoint  an  eligible  person  to  fill  such  vacancy 
until  the  next  general  municipal  election,  subject  to  the  provisions  of 
Article  XIV.  Any  vacancy  shall  be  then  filled  by  election  for  the 
unexpired  term. 

G 


\"acancy  shall  exist  when  an  elective  officer  fails  to  qnalify  for  ten 
days  after  notice  of  his  election,  dies,  resigns,  is  removed  from  office, 
removes  from  the  City,  absents  himself  continuously  therefrom  for 
more  than  six  months,  is  convicted  of  a  felony  or  judicially  declared  a 
lunatic  as  defined  by  statute. 

6.  Removal. — In  case  of  misconduct,  inability  or  willful  neglect  in 
the  performance  of  the  duties  of  his  office,  the  Mayor  or  any  Council- 
man may  be  removed  from  office  by  the  Council  by  a  vote  of  four 
members,  but  he  shall  be  given  an  opportunity  to  be  heard  in  his 
defense,  and  shall  have  the  right  to  appear  by  counsel  and  to  have 
process  issue  to  compel  the  attendance  of  witnesses  who  shall  be  re- 
quired to  give  testimony  if  he  so  elects.  In  such  case  the  hearing 
shall  be  pubhc  and  a  full  and  complete  statement  of  the  reasons  for 
such  removal,  if  he  be  removed,  together  with  the  findings  of  fact  as 
made  by  the  Council,  shall  be  filed  by  the  Council  with  the  Clerk,  and 
shall  be  and  become  a  matter  of  pubhc  record. 

ARTICLE   III. 
THE  COUNCIL. 

7.  Legislative  Powers. — ^All  legislative  powers  of  the  City  shall, 
except  as  otherwise  provided  by  this  Charter,  be  vested  exclusively 
in  a  Council,  which  shall  consist  of  the  Mayor  and  four  Councilmen. 

8.  President  and  Vice=President  of  Council. — The  I\Iayor  shall 
be  President  of  the  Council,  and,  when  present,  shall  preside  at  all 
meetings.  The  Council  shall  elect  one  of  its  number  to  be  Vice- 
President,  who,  during  the  absence  or  disability  of  the  Mayor,  or 
while  any  vacancy  exists  in  the  office  of  the  Mayor,  shall  possess  all 
of  the  powers  and  perform  all  of  the  duties  of  the  Mayor,  except  that 
he  shall  not  have  any  power  of  removal. 

9.  Judge  of  Their  Elections. — ^The  Council  shall  be  the  judge^of 
the  election  and  qualification  of  its  own  members,  subject  to  review 
by  the  courts,  in  case  of  contest. 

10.  Restrictions  Upon  Members  of  the  Council. — No  member  of 
the  Council  shall  hold  any  other  public  office  or  employment,  com- 
pensation for  which  is  paid  out  of  municipal  moneys.  No  person 
shall  be  elected  or  appointed  to  any  office,  position  or  employment, 
the  compensation  of  which  was  increased  or  fixed  by  the  Council 
while  he  was  a  member  thereof,  until  after  the  expiration  of^one 
year  from  the  date  when  he  ceased  to  be  a  member  of  the  Council. 

11.  Rules  of  the  Council. — The  Council  shalljdetermine  its  own 
rules  of  procedure,  may  punish  its  members  for  disorderly  conduct, 
and  may  compel  the  attendance  of  members. 

12.  Meetings  of  the  Council. — ^The  Council  shall  prescribe  the  time 
and  place  of  its  meetings,  and  the  manner  in  which  special  meetings 
thereof  mav  be  called. 


The  City  Clerk  shall  be  the  Clerk  of  the  Council,  and  shall,  with 
the  Mayor,  sign  and  attest  all  ordinances  and  resolutions. 

A  majority  of  the  members  of  the  Council  shall  constitute  a 
quorum  to  do  business,  but  a  less  number  can  adjourn.  The  Council 
shall  sit  with  open  doors  at  all  legislative  sessions,  and  shall  keep  a 
journal  of  its  proceedings,  which  shall  be  a  public  record. 

13.  Ordinances  and  Resolutions. — (a)  At  legislative  sessions  the 
Council  shall  act  only  by  ordinance,  resolution  or  motion. 

(b)  The  ayes  and  noes  shall  be  taken  upon  the  passage  of  all 
ordinances  and  resolutions  and  entered  upon  the  journal  of  its  pro- 
ceedings. Upon  the  request  of  any  member,  the  ayes  and  noes 
shall  be  taken  and  recorded  upon  any  motion.  Every  member  when 
present  must  vote,  and  every  ordinance  shall  require  on  final  passage, 
the  affirmative  vote  of  three  members. 

(c)  No  ordinance  shall  be  passed  finally  on  the  date  it  is  intro- 
duced, except  in  the  case  of  public  emergency,  and  then  only  when 
requested  by  the  Mayor  in  writing.  No  ordinance  making  a  grant 
of  any  franchise  or  special  privilege  shall  ever  be  passed  as  an  emer- 
gency measure. 

(d)  The  enacting  clause  of  all  ordinances  passed  by  the  Council 
shall  be  in  these  words:  "Be  it  Ordained  by  the  City  Council  of  the 
City  of  Colorado  Springs;" 

(e)  Every  ordinance  shall  be  published  once  in  full  in  a  daily 
newspaper  of  the  City  at  least  ten  days  before  its  final  passage. 

14.  Publication  of  Ordinance  Adopted. — Every  ordinance  adopted 
shall  be  published  once  in  a  daily  newspaper  of  the  City  and  shall  not 
take  effect  until  five  days  after  such  pulDlication,  except  emergence- 
ordinances  passed  as  provided  in  this  Article,  which  shall  take  effect 
upon  passage  and  be  so  published  on  the  following  day,  subject  always 
to  the  provisions  of  Article  XVI. 

15.  Amendment  or  Repeal. — -No  ordinance  or  section  thereof  shall 
be  amended  or  repealed  except  by  ordinance  adopted  in  the  manner 
provided  in  this  Charter. 

16.  Ordinances  Granting  Franchises. — No  proposed  ordinance 
granting  any  franchise  shall  be  put  upon  its  final  passage  within  sixty 
days  after  its  introduction,  nor  until  it  has  been  pubHshed  not  less 
than  once  a  week  for  six  consecutive  weeks  in  two  daily  newspapers 
of  general  circulation  published  in  the  City. 

17.  Record  of  Ordinances.^ — ^A  true  copy  of  every  ordinance  shall 
be  kept  in  a  book  marked  "Ordinance  Record,"  and  authenticated 
by  the  signatures  of  the  Mayor  and  Clerk. 

18.  Proof  of  Ordinances. — ^Any  ordinance  may  be  proved  by  a 
copy  thereof  certified  by  the  Clerk,  under  the  seal  of  the  City;  or  when 
printed  in  book  or  pamphlet  form  and  purporting  to  be  published 
by  the'authority  of  the  City,  the  same  shall  be  received  in  evidence 
in 'all  Courts,  or  other  places,  without  further  proof. 


19.  Publication  of  Charter  and  Ordinances. — The  Council  shall, 
as  speedily  as  may  be,  and  in  any  event  within  two  years  from  the 
time  of  its  organization  under  this  Charter,  and  from  time  to  time 
thereafter,  cause  all  ordinances  at  such  times  in  force  to  be  classified 
under  appropriate  heads,  and  to  be  published  in  book  form,  together 

•with  or  separate  from  the  Charter,  and  such  provisions  of  the  Con- 
stitution and  laws  of  the  State  as  the  Council  may  deem  expedient. 

20.  Power  to  Establish  Offices. — ^The  Council  shall,  consistent 
with  the  provisions  of  this  Charter,  establish  any  office,  position  or 
employment  that  may  in  its  opinion  be  necessary  or  expedient,  and 
fix  the  salary  and  duties  thereof.  It  may  at  any  time  abohsh  the 
same,  whereupon  the  salary  attached  thereto  shall  cease. 

21.  Statements. — ^The  Council  shall  cause  to  be  printed  each 
month  in  pamphlet  form  a  detailed  statement  of  all  receipts  and  ex- 
penditures of  the  City  and  a  summary  of  its  proceedings  during  the 
preceding  month  and  furnish  printed  copies  thereof  to  the  public 
library,  the  daily  newspapers  of  the  City  and  to  persons  who  shall 
apply  therefor  at  the  office  of  the  Clerk.  Said  statement  shall  also 
show  the  amount  of  water  used  during  the  preceding  month  and  the 
amount  of  reserve  water  in  storage  at  the  end  of  that  month. 

•  22.  Vote  of  Council  on  Appointments. — ^All  votes  upon  appoint- 
ments shall  be  by  roll  call  and  recorded.  The  vote  of  three  members 
shall  be  necessary  for  appointment. 

ARTICLE  IV. 
THE  MAYOR. 

23.  Duties — ^Authority — Powers. — (a)  The  Mayor  shall  be  the 
chief  executive  officer  of  the  City. 

(6)  He  shall  take  care  that  this  Charter,  the  laws  of  the  State  and 
the  ordinances  of  the  City  are  duly  enforced  within  the  City  and  its 
jurisdiction.  He  may  remit  fines,  costs,  forfeitures  and  penalties  im- 
posed for  the  violation  of  any  ordinance,  but  shall  make  a  report  of 
such  remissions  to  the  Council  at  the  next  meeting  thereafter  with 
his  reasons  therefor.     He  shall  have  power  to  administer  oaths. 

(c)  He  shall  sign  all  contracts,  bonds  or  other  instruments  re- 
quiring the  assent  of  the  City  and  take  care  that  the  same  are  duly 
performed.  All  legal  process  against  the  City  shall  be  served  upon 
the  Mayor  or  Acting  Mayor. 

(d)  He  shall  be  charged  with  the  general  oversight  of  all  depart- 
ments, boards  and  commissions  of  the  City. 

(e)  He  shall  be  ex-officio  a  member  of  each  board,  commission  or 
body  created  or  authorized  by  this  Charter,  or  bv  any  ordinance  of 
the  City. 

(/)  He  shall  have  the  right  to  vote  on  all  questions  coming  before 
the  Council. 


(g)  He  shall  have  power  to  appoint  experts  to  examine  the  affairs 
of  any  officer  or  department  of  the  City,  whenever  he  shall  deem  it 
necessary. 

(h)  He  may  require  any  officer  or  employe  of  the  City  to  exhibit 
his  books  and  papers.  Failure  or  refusal  to  exhibit  books  or  papers 
so  required  shall  be  ground  for  removal. 

(i)  He  shall  have  and  exercise  such  powers,  prerogatives  and 
authority  as  are  conferred  by  the  provisions  of  this  Charter,  or  as  may 
be  conferred  upon  him  by  the  Council,  or  by  the  general  laws  of  the 
State,  not  inconsistent  with  the  general  purposes  and  provisions  of 
this  Charter. 

(y)  He  shall  appoint  all  officers  and  employes  of  the  City  whose 
election  or  appointment  is  not  otherwise  expressly  provided  for  in 
this  Charter. 

(k)  He  shall,  upon  the  recommendation  of  the  Commissioner  of 
the  appropriate  department,  appoint  such  heads  of  departments, 
deputies  and  principal  assistants  as  may  be  created  by  this  Charter 
or  by  ordinance. 

(0  He  shall,  upon  like  recommendation,  appoint  all  other  officers 
or  employes  in  the  service  of  the  City,  except  day  laborers  and  un- 
skilled workmen,  and  except  as  in  this  Charter  otherwise  expressly 
provided.  The  Commissioner  may  suspend  any  officer  or  employe 
in  his  department  for  a  period  not  exceeding  ten  days,  and  the 
Mayor  may  suspend  or  remove  any  officer  or  employe  for  cause, 
whenever  in  his  judgment  the  public  interests  demand  or  will  be 
better  subserved  thereby;  and  no  officer  whose  office,  position  or 
employment,  is  created  by  ordinance  shall  hold  the  same  for  any 
fixed  term,  but  shall  always  be  subject  to  removal  by  the  Mayor. 
In  case  of  such  removal,  if  the  officer  or  employe  so  removed  requests 
it,  the  Mayor  shall  file  in  the  office  of  the  Clerk  a  written  statement 
of  the  reason  for  which  the  removal  was  made.  The  Council,  by 
the  affirmative  vote  of  four  members,  may  remove  any  of  said  offi- 
cers or  employes. 

(m)  He  shall  employ  for  a  stipulated  compensation,  at  the  be- 
ginning of  each  fiscal  year,  a  certified  public  accountant,  who  shall 
examine,  at  least  twice  each  year,  the  books,  records  and  reports 
of  the  Treasurer  and  of  all  officers  and  employes  who  receive  or 
disburse  City  moneys,  and  the  books,  records  and  reports  of  such 
other  officers  and  departments  as  the  Mayor  may  direct  and  make 
triplicate  reports  thereof,  and  present  one  each  to  the  Mayor  and 
Treasurer,  and  file  one  with  the  Clerk.  Such  accountant  shall 
have  unlimited  privilege  of  investigation  to  examine  under  oath  or 
otherwise  all  officers,  clerks  and  employes  of  the  City,  and  every 
such  officer,  clerk  and  employe  shall  give  all  required  assistance  and 
information  to  such  accountant,  and  submit  to  him  for  examination 
such  books  and  papers  of  his  office  as  may  be  requested,  and  failure 
to  do  so  shall  be  ground  for  removal.  The  Council  shall  provide 
for  the  payment  of  the  services  of  such  accountant. 

10 


24.  Veto  Power.— In  ordinances  making  appropriations,  the 
Mayor  may  veto  any  or  every  item  therein,  but  such  veto  shall  only 
extend  to  the  items  so  vetoed,  and  those  which  he  approves  shall  be- 
come effective,  and  those  which  he  disapproves  shall  not  become 
effective,  unless  passed  over  his  veto  by  the  vote  of  four  (4)  members 
of  the  Council. 

ARTICLE  V. 
EXECUTIVE  AND  ADMINISTRATIVE  DEPARTMENTS. 

25.  Distribution. — ^The  executive  and  administrative  powers, 
authority  and  duties  of  the  City,  not  otherwise  herein  provided  for, 
shall  be  distributed  among  five  departments,  as  follows: 

Department  of  Water  and  Water  Works, 

Department  of  Finance, 

Department  of  Public  Safety, 

Department  of  Public  Works  and  Property, 

Department  of  Public  Health  and  Sanitation. 

26.  Council  Assign  Duties. — ^The  Council  shall  determine  and 
assign  the  duties  of  the  several  departments;  shall  prescribe  the 
duties  of  officers  and  employes;  may  assign  particular  officers  and 
employes  to  one  or  more  of  the  departments;  may  require  an  officer 
or  employe  to  perform  duties  in  two  or  more  departments,  and  may 
make  such  other  rules  and  regulations  as  may  be  deemed  necessary  or 
proper  for  the  efficient  and  economical  conduct  of  the  business  of  the 
City. 

27.  Commissioners  of  Departments. — The  Mayor  shall  be  the 
Commissioner  of  Water  and  Water  Works.  The  Council,  at  its  first 
regular  meeting  after  the  election  of  its  members,  shall  designate  by 
majority  vote  one  Councilman  to  be  Commissioner  of  Finance,  one 
to  be  Commissioner  of  Public  Safety,  one  to  be  Commissioner  of 
Public  Works  and  Property,  and  one  to  be  Commissioner  of  Public 
Health  and  Sanitation ;  provided,  however,  that  if  the  Council  is  unable 
to  agree  upon  such  designation,  the  Mayor  shall  have  the  authority 
to  make  such  designation. 

28.  Council  May  Change  Designation. — ^The  Council  may  change 
such  designation  (except  that  of  the  Department  of  Water  and 
Water  Works)  by  ordinance,  or  by  resolution,  whenever  it  shall 
determine  that  the  pubHc  service  requires  such  change. 

29.^Commissioner  May  Employ  or  Discharge. — ^The  Commissioner 
for  each  of  the  departments  shall  have  the  supervision  and  control 
of  all  the  affairs  and  property  belonging  to  such  department,  except 
as  otherwise  provided  in  this  Charter,  or  by  ordinance,  subject  to 
such  regulations  as  may  be  prescribed  by  the  Council.  He  may 
employ  and  discharge  or  delegate  to  any  subordinate  the  power  to 
employ  and  discharge  day  laborers  and  unskilled  workmen. 


ARTICLE  VI. 
DEPARTMENT  OF  WATER  AND  WATER  WORKS. 

30.  Department  an  Entity. — ^The  Department  of  Water  and  Water 
Works  shall  embrace  all  property,  rights  and  obligations  of  the  Cit} 
in  respect  of  water  and  water  works,  and  shall  insofar  as  practicable 
be  administered  as  an  entity.  To  that  end  all  contracts,  records  and 
muniments  of  title  pertaining  thereto  shall  be  assembled  and  care- 
fully preserved,  and  accounts  shall  be  kept  of  its  assets,  liabilities, 
receipts  and  disbursements,  separate  and  distinct  from  the  accounts 
of  any  other  department.  Its  revenue  shall  be  so  applied  that  as 
far  as  possible  the  department  shall  be  self-sustaining. 

31.  Commissioner  Administer  Department. — The  Commissioner 
of  Water  and  Water  Works  is  charged  with  the  administration  of 
said  department.  He  shall  appoint  all  such  officials,  assistants  and 
skilled  employes  as  may  be  necessary,  and  may  secure  the  services 
or  advice  of  hydraulic  engineers,  special  counsel  and  other  experts 
for  such  compensation  as  may  be  approved  by  the  Council.  He  shall 
take  care  that  the  water  supply  of  the  City  is  preserved  from  impair- 
ment or  pollution  and  seasonably  augmented  so  as  to  assure  at  all 
times  a  supply  of  potable  water  adequate  for  the  growing  needs  of  the 
City.  To  that  end  he  shall  cause  comparative  investigation  to  be 
made  of  all  available  reservoir  sites  and  sources  of  such  water  supply 
and  report  thereon  to  the  Council  with  his  recommendations.  He 
shall  also  prepare  and  submit  to  the  Council  measures  for  the  storage 
and  augmenting  of  the  City's  supply  of  water  for  ditch  and  irrigation 
purposes.  He  shall  cause  adequate  water  measurements  and  tests 
to  be  made  and  record  thereof  preserved. 

32.  Commissioner  Fix  Rates — Council  Impose  Fines. — He  shall 
with  the  approval  of  the  Council  expressed  by  resolution,  fix  rates  and 
establish  regulations  for  the  use  of  water  by  consumers  and  regula- 
tions for  the  orderly  administration  of  the  department.  The  Council 
shall  by  ordinance  impose  fines  and  penalties  for  the  violation  of  any 
of  said  regulations. 

33.  Duty  of  Commissioner  as  to  Bonds. — He  shall,  as  soon  as  may 
be  after  this  Charter  goes  into  effect,  prepare  with  the  advice  of  the 
Commissioner  of  Finance  a  measure  for  the  retirement  by  purchase  or 
redemption  of  the  existing  water  bonds  of  the  City  through  the 
issuance  and  sale  hereby  provided  for  of  bonds  of  the  City  to  mature 
not  later  than  fifty  years  from  their  date,  bearing  interest  at  a 
rate  not  exceeding  four  per  centum  per  annum  and  providing 
for  payments  into  a  sinking  fund  commencing  not  earlier  than  ten 
years  from  their  date,  said  interest  and  sinking  fund  payments  to  be 
chargeable  primarily  upon  the  revenues  of  the  department,  and  shall 
submit  said  measure  to  the  Council  for  action  thereon. 

He  shall  from  time  to  time  in  like  manner  prepare  and  submit 
to  the  Council  for  action  thereon  measures  for  such  bond  issues  or 
other  financing  of  the  department's  affairs  as  the  needs  of  the  City 
may  require. 

12 


J4.  Emergency  Warrants. — If  at  any  time  the  moneys  appropri- 
ated and  available  for  said  department  shall  be  insufficient  in  his  judg- 
ment to  meet  any  emergency  arisen  in  said  department  since  the 
passage  of  the  last  annual  appropriation  ordinance,  the  Council  may, 
upon  his  requisition  and  by  resolution  declaratory  of  the  emergency, 
cause  emergency  warrants  to  be  issued  in  an  aggregate  amount  not 
exceeding  one  hundred  thousand  dollars  in  any  one  year,  bearing 
interest  at  a  rate  not  exceeding  si-x  per  centum  per  annum,  and 
payable  out  of  the  receipts  of  said  department  for  the  ensuing  year, 
including  proceeds  from  the  sale  of  bonds.  Said  warrants  and  the 
moneys  realized  thereon  shall  be  appHed  only  to  meeting  the  emerg- 
ency so  declared. 


ARTICLE  VII. 
DEPARTMENT  OF  FINANCE. 

35.  Fiscal  Year  Same  as  Calendar  Year. — ^The  fiscal  year  of  the 
City  shall  commence  on  the  first  day  of  January  and  end  on  the  last 
day  of  December  of  each  year. 

36.  Public  Moneys. — The  Commissioner  of  Finance  shall  have  the 
direct  control  of  the  revenues  of  the  City  except  as  otherwise  provided 
by  this  Charter  or  by  ordinance. 

The  Council  shall  by  ordinance  provide  a  system  for  the  collec- 
tion, custody  and  disbursement  of  all  pubHc  moneys,  not  incon- 
sistent with  the  provisions  of  this  Charter. 

The  Council  shall  by  ordinance  provide  a  system  of  accounting 
for  the  City,  not  inconsistent  with  the  provisions  of  this  Charter, 
which  shall  be  assimilated  as  nearly  as  may  be  to  the  uniform  system 
of  municipal  accounting. 

The  Council  shall  by  ordinance  provide  a  system  for  the  assess- 
ment, equalization,  levy  and  collection  of  all  City  taxes,  not  in- 
consistent with  the  provisions  of  this  Charter. 

37.  Adoption  of  Existing  Law. — ^Until  the  Council  shall  other- 
wise by  ordinance  provide,  the  Statutes  of  the  State  of  Colorado  now 
or  hereafter  in  force,  shall  govern  the  making  of  assessments  by  the 
.\ssessor  of  the  County  in  which  the  City  is  situated,  the  making  of 
equalization  by  the  Board  of  County  Commissioners  of  said  County 
and  the  collection  of  taxes  by  the  Treasurer  of  said  County  for  and  on 
behalf  of  the  City,  as  also  in  respect  of  the  certification  and  collection 
of  all  delinquent  charges,  assessments  or  taxes. 

38.  Certificate  of  Assessment. — Until  the  Council  shall  other- 
wise by  ordinance  provide,  it  shall  be  the  duty  of  the  County  As- 
sessor as  soon  as  the  assessment  roll  is  ready  in  each  year  for  the 
extension  of  taxes  in  accordance  with  the  general  laws  of  the  State, 
to  certify  to  the  Council  the  total  amount  of  property  assessed  within 
the  limits  of  the  City. 

13 


39.  Estimates  of  Probable  Expense. — On  or  before  the  first  Mon- 
day in  November  in  each  year  the  Commissioners,  Boards  and  Com- 
missions of  the  City  shall  furnish  to  the  Mayor  estimates  in  writing 
of  the  probable  expense  to  be  incurred  in  their  several  departments 
for  the  ensuing  fiscal  year,  specifying  in  detail  such  probable  ex- 
penditures, including  a  statement  of  the  salaries  of  their  subordin- 
ates. Duplicates  of  these  estimates  shall  be  sent  at  the  same  time 
to  the  Commissioner  of  Finance. 

The  Commissioner  of  Finance  shall,  on  or  before  the  first  jNIonday 
in  November  in  each  year,  certify  to  the  Mayor  the  amount  of  mone)^ 
to  be  raised  by  taxation  during  the  ensuing  fiscal  year  to  make  pay- 
ment of  interest,  sinking  fund  and  principal  of  bonded  indebtedness, 
and  also  the  estimated  am.ount  of  revenue  from  all  sources  other  than 
tax  levy. 

40.  Mayor's  Budget. — From  such  estimates  the  Mayor  shall,  on 
or  before  the  third  Monday  in  November  in  each  year,  or  on  such  later 
date  in  each  year  as  shall  be  fixed  by  the  Council,  prepare  and  present 
to  the  Council  his  annual  budget  for  the  ensuing  fiscal  year,  which 
shall  include  interest  and  sinking  fund  on  the  bonded  debt.  The 
budget  so  prepared  shall  be  in  such  detail  as  to  the  aggregate  sum 
and  the  items  thereof  allowed  to  each  department,  office,  board  or 
commission  as  the  Mayor  may  deem  advisable. 

41.  Action  on  Budget.  —  The  Council  shall,  on  receipt  of  the 
budget,  consider  and  adopt  the  same  with  or  without  amendment. 
In  amending  the  Council  may  r-educe  or  omit  any  item  but  shall  not 
increase  any  item  nor  the  total  of  the  budget  nor  add  any  item  thereto 
nor  originate  a  budget. 

The  Council  shall  also  in  adopting  the  said  budget,  estimate  and 
declare  the  amount  of  money  necessary  to  be  raised  by  tax  levy, 
taking  into  account  the  amounts  available  from  other  sources  to 
meet  the  expenses  of  the  City  for  the  ensuing  fiscal  year,  based  on 
the  budget  so  adopted.  Said  budget  and  estimate  as  finally  adopted 
shall  be  signed  by  the  Mayor  and  Clerk  and  filed  with  the  Auditor. 

42.  Levy. — Upon  said  estimate  the  Council  shall  forthwith  pro- 
ceed to  make  by  ordinance  the  proper  levy  in  mills  upon  each  dollar  of 
the  assessed  valuation  of  all  taxable  property  within  the  City,  such 
levy  representing  the  amoimt  of  taxes  for  Cit}^  purposes  necessary 
to  provide  for  payment  during  the  ensuing  fiscal  year  of  all  properly 
authorized  demands  upon  the  Treasurer,  and  until  the  Council  shall 
otherwise  by  ordinance  provide,  the  Council  shall  thereupon  cause 
the  total  levy  to  be  certified  by  the  Clerk  to  the  County  Assessor 
who  shall  extend  the  same  upon  the  tax  list  of  the  current  year  in  a 
separate  column  entitled  "The  City  of  Colorado  Springs  Taxes," 
and  shall  include  said  City  taxes  in  his  general  warrant  to  the  County 
Treasurer  for  collection.  The  levy  shall  never  exceed  twenty  mills 
on  the  dollar  for  all  general  City  purposes  upon  the  total  assessed 
valuation  of  said  taxable  property  within  the  City.  The  foregoing 
limitation  of  twenty  mills  shall  not  apply  to  taxes  levied  by  the 

14 


Council  for  the  payment  of  any  interest,  sinking  fund  or  principal 
of  any  bonded  indebtedness  of  the  City  now  existing  or  hereafter 
created,  nor  for  payment  of  interest,  sinking  fund  or  principal  of  the 
indebtedness  of  any  town  or  city  which  may  hereafter  be  incorporated 
with  or  annexed  to  the  City;  nor  to  special  assessments  for  local  im- 
provements. 

If  the  Council  fail  in  any  year  to  make  said  tax  levy  as  above 
provided,  then  the  rate  last  fixed  shall  be  the  rate  fixed  for  the 
ensuing  fiscal  year. 

The  amount  required  to  make  payment  of  any  interest,  sinking 
fund  or  principal  of  bonded  indebtedness  shall  always  be  included 
in  and  met  by  tax  lew,  except  as  otherwise  provided  for  in  this 
Charter. 

43.  Appropriations. — ^Upon  the  basis  of  the  budget  as  adopted 
and  filed  the  several  sums  shall  forthwith  be  appropriated  by  ordin- 
ance to  the  several  purposes  therein  named  for  the  ensuing  fiscal  year, 
Said  ordinance  shall  be  adopted  not  later  than  the  thirty-first  day  of 
December  in  each  year,  and  shall  be  entitled  "  The  Annual  Appropria- 
tion Ordinance." 

44.  No  Liability  Without  Appropriation. — Neither  the  Council 
nor  any  officer  or  employe  of  the  City  shall  have  authority  to  make 
any  contract  involving  the  expenditure  of  public  money,  or  impose 
upon  the  City  any  liability  to  pay  money  unless  and  until  a  definite 
amount  of  money  shall  have  been  appropriated  for  the  liquidation  of 
all  pecuniary  liability  of  the  City  under  such  contract  or  in  conse- 
quence thereof  to  mature  during  the  period  covered  by  the  appropria- 
tion. Such  contract  shall  be  ab  initio  null  and  void  as  to  the  City  for 
any  other  or  further  liabiUty ;  provided,  first,  that  nothing  herein  con- 
tained shall  prevent  the  Council  from  providing  for  payment  of  any 
expense,  the  necessity  of  which  is  caused  by  any  casualty,  accident  or 
unforeseen  contingency  arising  after  the  passage  of  the  annual  ap- 
propriation ordinance;  and,  second,  that  the  provisions  of  this  section 
shall  not  apply  to  or  limit  the  authority  conferred  in  relation  to  bonded 
indebtedness,  nor  for  moneys  to  be  collected  by  special  assessments 
for  local  improvements. 

45.  Special  Appropriations  for  1909. — The  Council  shall  during 
the  year  1909  pass  such  special  appropriation  ordinances  as  may  be 
necessary  to  pay  the  salaries  and  defray  the  expenses  of  any  and  all 
departments,  officers  and  employes  of  the  City  for  the  year  1909,  but 
not  thereafter,  for  which  provision  is  not  made  in  the  existing  ap- 
propriation ordinance  for  that  year,  and  the  warrants  for  the  payment 
of  such  salaries  and  expenses  after  being  duly  allowed  and  audited, 
may  be  drawn  against  such  appropriation,  and  the  amount  so  required 
for  the  payment  of  such  warrants,  or  so  much  thereof  as  may  be  nec- 
essary, shall  be  payable  out  of  any  available  moneys  not  otherwise  ap- 
propriated, or  failing  such  moneys  the  warrants  shall  be  registered 
and  payable  out  of  the  revenue  for  the  next  ensuing  fiscal  year. 


46.  Collection  of  Taxes. — ^Until  the  Council  shall  otherwise  by  ordi- 
nance provide,  the  County  Treasurer  shall  collect  City  taxes  in  the  same 
manner  and  at  the  same  time  as  State  taxes  are  collected,  and  all  laws 
of  this  State  for  the  assessment  of  property  and  the  levy  and  collec- 
tion of  general  taxes,  including  laws  for  the  sale  of  property  for  taxes 
and  the  redemption  of  the  same  shall  apply  and  have  as  full  effect  in 
respect  of  taxes  for  the  City  as  of  such  general  taxes,  except  as  modi- 
fied by  this  Charter. 

On  or  before  the  fifth  day  of  every  month,  the  County  Treasurer 
shall  report  the  amount  of  tax  collections  for  the  preceding  month 
to  the  Auditor  and  shall  pay  over  the  amount  collected  for  the  pre- 
ceding month  to  the  Treasurer. 

47.  Limitation  of  City  Indebtedness. — Except  as  otherwise  in  this 
Charter  provided,  no  bonds  shall  be  issued  for  any  purpose,  except  in 
pursuance  of  an  ordinance  authorizing  the  same,  which  ordinance 
shall  be  irrepealable  until  the  indebtedness  therein  provided  for,  and 
the  bonds  issued  in  pursuance  thereof,  shall  have  been  fully  paid,  and 
no  bonds  shall  be  issued  unless  the  question  of  issuing  the  bonds  shall 
be  submitted  to  the  vote  of  such  qualified  electors  of  the  City  as  shall 
in  the  year  next  preceding  such  election  have  paid  a  property  tax 
therein,  and  a  majority  of  those  voting  upon  the  question  by  ballot 
shall  vote  in  favor  of  issuing  such  bonds. 

The  City  shall  not  become  indebted  for  any  purpose  or  in  any 
manner  to  an  amount  which,  including  existing  indebtedness,  shall 
exceed  three  per  cent,  of  the  assessed  valuation  of  the  taxable  prop- 
erty within  the  Citv,  as  shown  by  the  last  preceding  assessment  for 
City  purposes;  provided,  however,  that  in  determining  the  hmita- 
tion  of  the  City's  power  to  incur  indebtedness  there  shall  not  be  in- 
cluded bonds  issued  for  the  acquisition  of  water,  light  or  other  public, 
utiUties,  works  or  ways  from  which  the  City  will  derive  a  revenue. 

48.  Special  Statute  Continued  in  Force. — The  provisions  of  Sec 
tions  6657  and  6658  of  the  Revised  Statutes  of  Colorado  1908  relating 
to  sidewalks,  and  of  Sections  6687  to  6694  thereof  inclusive,  relating  to 
refunding  bonds,  are  hereby  made  and  declared  to  be  in  full  force 
and  effect  in  the  City  until  the  Council  shall  otherwise  by  ordinance 
provide. 

ARTICLE  VIIL 
DEPARTMENT  OF  PUBLIC  SAFETY. 

49.  Council  Establish  Police  and  Fire  Departments. — ^The  Coun 
cil  shall,  by  ordinance,  provide  for  the  establishment  and  mainten- 
ance of  a  Police  Department  and  a  Fire  Department,  consisting  of 
such  employes  as  it  may  deem  necessary. 

50.  Commissioner  Have  Supervision. — The  ^Commissioner  of 
Public  Safety  shall  have  the  supervision  and  control  of  the  Police 
and  Fire  Departments  except  as  otherwise  provided  in  this  Charter, 
or  by  ordinance. 

16 


51.  Police  and  Fire  Department  Relief  Funds. — The  Council 
shall  by  ordinance  provide  for  a  police  department  relief  fund  and 
for  a  fire  department  relief  fund,  to  be  administered  by  the  Com- 
missioner of  Public  Safety.  The  Council  shall  annually  appropriate 
a  reasonable  sum  for  each  of  said  funds. 

POLICE  COURT. 

52.  Existing  Law  Apply. — The  existing  Police  Court  of  the  City 
shall  continue  as  provided  in  Sections  4946  to  4960  inclusive,  of  the 
Revised  Statutes  of  Colorado,  1908,  until  otherwise  provided  by 
ordinance. 

53.  Jurisdiction. — -Said  Police  Court  shall  have  exclusive  original 
jurisdiction  to  hear,  try  and  determine  all  charges  of  misdemeanor  as 
declared  by  this  Charter  and  all  causes  arising  under  any  of  the 
ordinances  of  the  City  for  a  violation  thereof.  There  shall  be  no  trial 
by  jury  and  there  shall  be  no  change  of  venue  from  said  court. 


ARTICLE  IX. 
DEPARTMENT  OF  PUBLIC  WORKS  AND  PROPERTY. 

54.  Commissioner  Have  Supervision.  —  The  Commissioner  of 
Public  Works  and  Property  shall  have  the  supervision  and  control  of 
all  streets,  public  works,  ways,  buildings  and  improvements,  except 
as  otherwise  provided  in  this  Charter  or  by  ordinance. 

There  shall  be  appointed  in  the  manner  provided  in  this  Charter 
all  such  assistants  and  employes  as  may  be  or  become  necessary 
to  the  efficient  administration  of  this  department  of  the  City's  gov- 
ernment. 

ARTICLE    X. 
DEPARTMENT  OF  HEALTH  AND  SANITATION. 

55.  Assistants  and  Employes. — ^There  shall  be  appointed  in  the 
manner  provided  in  this  Charter,  a  health  officer,  city  chemist,  market 
master,  plumbing  inspector  and  superintendent  of  cemeteries  and  all 
such  assistants  and  employes  as  may  be  or  become  necessary  to  the 
efficient  administration  of  this  department  of  the  City's  government. 

56.  Qualifications  of  Health  Officer. — ^The  health  officer  shall  be 
a  graduate  of  a  reputable  medical  college  and  shall  have  practiced 
medicine  for  at  least  five  years.  He  shall  have  been  a  resident  of  this 
City  for  at  least  two  years  next  preceding  his  appointment  and  shall 
be  licensed  to  practice  medicine  in  this  State ;  he  shall  have  his  license 
recorded  with  the  County  Clerk  and  Recorder  of  El  Paso  County,  in 
accordance  with  the  laws  of  the  State  of  Colorado  regulating  the 
practice  of  medicine.  Such  health  officer  shall  devote  as  much  time 
as  is  necessarv  to  the  duties  of  his  office. 


57.  Qualifications  of  Assistants. — The  chemist,  market  master, 
plumbing  inspector,  and  the  superintendent  of  cemeteries  shall  be 
persons  properly  skilled  and  qualified  for  the  efficient  and  capable 
performance  of  their  respective  duties. 

58.  Power  of  Arrest. — The  Commissioner  of  Health  and  Sanita- 
tion and  all  regularly  appointed  employes  of  the  Department  of 
Health  and  Sanitation  shall  have  the  right  and  power  to  arrest  any 
person  or  persons  who  may  violate  any  of  the  rules  or  regulations  of 
the  department. 

59.  Duty  of  Physicians  and  Householders. — Every  physician  in 
the  City  shall  promptly  report  in  writing  to  said  department  every 
patient  whom  he  shall  have  sick  of  any  infectious,  contagious  or  com- 
municable disease  dangerous  to  public  health ;  and  every  householder, 
upon  reasonable  notice  from  said  department,  that  an  occupant  of  his 
or  her  household  is  suffering  from  any  infectious,  contagious  or  com- 
municable disease,  dangerous  to  the  public  health,  shall  forthwith 
adopt  such  preventive  means  and  regulations  as  said  department 
shall  prescribe.  Every  physician  who  shall  fail  to  report  such  case 
of  sickness  as  required  herein,  and  every  householder  who  shall  fail 
to  comply  with  the  rules,  requirements  and  regulations  of  said  depart- 
ment, shall  be  subject  to  such  fines  and  penalties  as  the  Council  may 
by  ordinance  prescribe. 

60.  Council  Make  Ordinances. — The  Council  shall  make  all 
ordinances  and  regulations  which  may  be  necessary  or  expedient  for 
the  preservation  of  the  public  health  and  the  suppression  of  disease. 

ARTICLE  XL 
COMMISSIONS  AND  BOARDS. 

PARKS. 

61.  Commission — ^Statutes  Apply. — ^The  existing  Park  Commis- 
sion of  the  City  shall  continue  with  the  powers,  functions  and  duties 
established  by  Sections  6771  to  6788  inclusive,  of  the  Revised  vStatutes 
of  Colorado,  1908,  as  in  force  January  i,  1909,  until  changed  by 
amendment  of  this  Charter. 

PUBLIC    LIBRARY. 

62.  Board — Statutes  Apply. — The  existing  Board  of  Directors  of 
the  Public  Library  of  the  City  of  Colorado  Springs  shall  continue  with 
the  powers,  functions  and  duties  established  by  Sections  3972  to 
3984  inclusive,  of  the  Revised  Statutes  of  Colorado,  1908,  as  in 
force  January  i,  1909,  until  changed  by  amendment  of  this  Charter. 

ARTICLE  XII. 
FRANCHISES  AND  PUBLIC  UTILITIES. 

63.  Franchise  Granted  Upon  Vote. — No  franchise  shall  be  granted 
by  the  City  except  upon  the  vote  of  the  qualified_tax-paying  electors, 

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and  the  question  of  its  being  granted  shall  be  submitted  to  such  vote 
upon  deposit  with  the  Treasurer  of  the  expense  (to  be  determined  by 
the  Treasurer)  of  such  submission  by  the  appHcant  for  said  franchise. 

64.  Franchise  Specify  Streets. — ^All  franchises  or  privileges  here- 
after granted  shall  plainly  specify  on  what  particular  streets,  alleys, 
avenues  or  other  public  property  the  same  shall  apply;  and  no  fran- 
chise or  priAdlege  shall  hereafter  be  granted  by  the  City  in  general 
terms  or  to  apply  to  the  City  generally. 

65.  Power  to  Regulate  Rates  and  Fares.— All  ^power  to  regulate 
the  rates,  fares  and  charges  for  service  by  public  utility  corporations 
is  hereby  reser\-ed  to  the  people,  to  be  exercised  by  them  by  ordinance 
of  the  Council  or  in  the  manner  herein  provided  for  initiating  or 
referring  an  ordinance.  Any  right  of  regulation  shall  further  include 
the  right  to  recjuire  uniform,  convenient  and  adequate  service  to  the 
public  and  reasonable  extensions  of  such  service  and  of  such  public 
utility  works. 

66.  Ordinance  in  Plain  Terms. — No  franchise,  right  or  privilege 
or  license  shall  be  considered  as  granted  by  any  ordinance  except 
when  granted  therein  in  plain  and  unambiguous  terms  and  any  and 
every  ambiguity  therein  shall  be  construed  in  favor  of  thc'City  and 
against  the  claimant  under  said  ordinance. 

67.  Issuance  of  Stock. — Every  ordinance  granting  any  franchise 
shall  prohibit  the  issuing  of  any  stock  on  account  thereof  by  any 
corporation  holding  or  doing  business  under  said  franchise,  to  an 
amount  in  excess  of  the  sum  which  shall  be  fixed  for  said  purpose  by 
the  Council  whenever  requested  so  to  do  by  the  holder  of  said  fran- 
chise; the  said  sum  as  fixed  by  the  Council  shall  consist  of  the  fol- 
lowing items,  onty,  to-witf 

(a)  The  sum  necessarily  expended  by  the  grantee  of  said  fran- 
chise in  obtaining  the  same  from  the  City ;  and 

(6)  The  sum  which  is  in  the  opinion  of  the  Council  reasonably 
sufficient  to  compensate  said  grantee  for  the  time  and  services  given 
by  him  in  obtaining  said  franchise.  Any  violation  of  the  terms  of 
this  section  shall  at  the  option  of  the  City  operate  as  a  forfeiture 
of  said  franchise. 

68.  License  Tax. — ^The  City  shall  have  the  right  to  license  or  tax 
street  cars,  telephones,  gas  meters,  electric  meters,  water  meters,  or 
any  other  similar  device  for  measuring  ser^ace;  also  telephone,  tele- 
graph, electric  light  and  power  poles,  subways  and  wires.  The  said 
license  or  tax  shall  be  exclusive  of  and  in  addition  to  all  other  lawful 
taxes  upon  the  property  of  the  holder  thereof. 

69.  Special   Privileges  to  Mail  Carriers,  Policemen  and  Firemen. 

— ^The  grant  of  every  franchise  for  a  street,  suburban  or  interurban 
railroad  shall  provide  that  all  United  States  mail  carriers  and  all 
policemen  and  firemen  of  the  City  in  uniform  shall  at  all  times, 
while  in  the  actual  discharge  of  their  duties,  be  allowed  to  ride  on 

19 


the  cars  of  such  railroad  within  the  boundaries  of  the  City  without 
paying  therefor  and  with  all  the  rights  of  other  passengers. 

70.  Railroad  Elevate  or  Lower  Tracks. — The  Council  shall  by 
ordinance,  require  under  proper  penalties,  any  railroad  company, 
whether  steam  or  electric,  to  elevate  or  lower  any  of  its  tracks  run- 
ning over,  along  or  across  any  of  the  streets  or  alleys  of  the  City, 
whenever  in  the  opinion  of  the  Council  the  public  safety  or  conveni- 
ence require. 

71.  Franchise  Provide  for  Safety,  Etc. — ^The  grant  of  every 
franchise  or  privilege  shall  be  subject  to  the  right  of  the  City,  whether 
in  terms  reserved  or  not,  to  make  all  regulations  which  shall  be  nec- 
essary to  secure  in  the  most  ample  manner  the  safety,  welfare  and 
accommodation  of  the  public,  including  among  other  things  the 
right  to  pass  and  enforce  ordinances  to  require  proper  and  adequate 
extensions  of  the  service  of  such  grant,  and  to  protect  the  public 
from  danger  or  inconvenience  in  the  operation  of  any  work  or  busi- 
ness authorized  by  the  grant  of  the  franchise  and  the  right  to  make 
and  enforce  all  such  regulations  as  shall  be  reasonably  necessary  to 
secure  adequate,  sufificient  and  proper  service,  extensions  and  accom- 
modations for  the  people  and  insure  their  comfort  and  convenience. 

72.  Oversight  of   Franchise   for  Use  of  Water  Reserved  to  City. 

— Every  franchise,  right  or  privilege  which  has  been,  or  which  may 
be  hereafter  granted,  conveying  any  right,  permission  or  privilege 
to  the  use  of  the  water  belonging  to  the  City  or  to  its  w^ater  system, 
shall  always  be  subject  to  the  most  comprehensive  oversight,  man- 
agement and  control  in  every  particular  by  the  City;  and  the  rights 
of  the  City  to  such  control  for  municipal  purposes  is  retained  by 
the  City  in  order  that  nothing  shall  ever  be  done  by  any  grantee 
or  assignee  of  any  such  franchise,  right  or  privilege  which  shall 
in  any  way  interfere  with  the  successful  operation  of  the  water 
works  of  the  City,  or  which  shall,  or  which  shall  tend  to,  divert, 
impair  or  render  the  same  inadequate  for  the  complete  performance 
of  the  trust  for  the  people  under  which  such  water  works  are  held 
by  the  City. 

73.  No  Exclusive  Franchise — Renewal. — No  exclusive  franchise 
shall  ever  be  granted,  and  no  franchise  shall  be  renewed  before  one 
year  prior  to  its  expiration. 

74.  No  Franchise  Leased,  Except. — No  franchise  granted  by  the 
City  shall  ever  be  leased,  assigned  or  otherwise  alienated  without  the 
express  consent  of  the  City,  and  no  dealing  with  the  lessee  or  as- 
signee on  the  part  of  the  Citv  to  require  the  performance  of  any  act 
or  payment  of  any  compensation  by  the  lessee  or  assignee,  shall  be 
deemed  to  operate  as  such  consent.  No  such  franchise  shall  ever  be 
assigned  to  any  foreign  corporation. 

75.  No   Extension   or   Enlargement   of    Franchise,   Except. —  No 

extension  or  enlargement  of  any  franchise  or  grant  of  rights  or  powers 
previously   granted    to   any   corporation,    person   or   association   of 


persons,  shall  be  made  except  in  the  manner  and  subject  to  all  the 
conditions  herein  provided  for  in  this  Article  for  the  making  of  orig- 
inal grants  and  franchises;  provided,  however,  that  the  provisions  of 
this  Article  shall  not  apply  to  the  granting  by  ordinance  of  revocable 
licenses  or  privileges  for  side  track  or  switch  privileges  to  railway 
companies  for  the  purpose  of  reaching  and  affording  railway  con- 
nection and  switch  privileges  to  the  owners  or  users  of  any  indus- 
trial plant,  it  being  the  intention  to  permit  the  City  to  grant  such 
revocable  licenses  or  privileges  to  railway  companies  whenever 
in  its  judgment  the  same  is  expedient,  necessary  or  advisable,  and 
whenever  the  application  for  such  privileges  is  accompanied  by 
the  assent  in  writing  of  the  owners  of  the  major  part  in  extent  of 
the  front  feet  of  the  lots  or  tracts  of  land  of  the  block  fronting  on 
each  side  of  any  street,  or  parts  of  a  street,  over  or  on  which  it  is 
desired  to  lay  or  construct  such  side  tracks  or  switches. 

76.  Provision  for  Common  Use  of  Tracks,  Poles,  Etc. — ^The  City, 
by  and  through  its  Council,  shall  have  the  power  to  require  any  cor- 
poration holding  a  franchise  from  the  City,  to  allow  the  use  of  its 
tracks,  poles  and  wires  by  any  other  corporation  to  which  the  City 
shall  grant  a  franchise,  upon  the  payment  of  a  reasonable  rental  there- 
for, and  any  franchise  or  right  which  may  hereafter  be  granted  to  any 
person  or  corporation  to  operate  a  street  railway  within  the  City  or  its 
suburbs,  shall  be  subject  to  the  condition  that  the  City  shall  have  the 
right  to  grant  to  any  other  person  or  corporation  desiring  to  build  or 
operate  a  street  railway  or  interurban  railway  within  or  into  the  City, 
the  right  to  operate  its  cars  over  the  tracks  of  said  street  railway  in 
so  far  as  may  be  necessary  to  enter  the  City  and  to  reach  the  section 
thereof  used  for  business  purposes,  provided  that  the  person  or  cor- 
poration desiring  to  operate  its  cars  over  the  lines  of  said  street  rail- 
way, shall  first  agree  in  writing  with  the  owner  thereof  to  pay  it 
reasonable  compensation  for  the  use  of  its  tracks  and  facilities. 
.\nd  if  the  person  or  corporation  desiring  to  use  the  same  cannot 
agree  with  said  owner  of  said  street  railway  as  to  said  compensation, 
within  sixty  days  from  offering  in  writing  so  to  do,  and  as  to 
terms  and  conditions  of  the  use  of  said  tracks  and  facilities,  then 
the  Council  shall,  by  resolution,  after  a  fair  hearing  to  the 
parties  concerned,  fix  the  terms  and  conditions  of  such  use  and  com- 
pensation to  be  paid  therefor,  which  award  of  the  Council  when  so 
made,  shall  be  binding  on  and  observed  by  the  parties  concerned. 

77.  Mayor  Maintain  General   Supervision — Reports — Inspection. 

— ^The  Mayor  shall  maintain  general  supervision  over  all  public 
utility  companies  insofar  as  they  are  subject  to  municipal  control. 
He  shall  cause  to  be  instituted  such  actions  or  proceedings  as  ma)- 
be  necessary  to  prosecute  public  utility  companies  for  violations  of 
law,  and  may  revoke,  cancel  or  annul  all  franchises  that  may  have 
been  granted  by  the  City,  which  have  become  in  whole  or  in  part, 
or  which  for  any  reason  are,  illegal  or  void  and  not  binding  upon  the 
City. 

He  shall  require  every  person  or  corporation  operating  under  a 

21 


franchise  or  grant  from  the  City,  to  submit  to  the  Council  within  sixty 
days  after  the  first  day  of  January  of  each  year,  an  annual  report, 
verified  by  the  oath  of  the  President,  the  Treasurer  or  the  General 
Manager  thereof,  showing  in  detail — 

(a)  The  amount  of  its  authorized  capital  stock  and  the  amount 
thereof  issued  and  outstanding. 

(b)  The  amount  of  its  authorized  bonded  indebtedness  and  the 
amount  of  its  bonds  and  other  forms  of  evidence  of  indebtedness 
issued  and  outstanding. 

(c)  An  itemized  statement  of  its  receipts  and  expenditures  for  the 
preceding  calendar  year. 

(d)  The  amount  paid  as  dividends  upon  its  stock  and  as  interest 
upon  its  bonds  and  other  indebtedness. 

(e)  The  names  of  and  the  amount  paid  as  salary  to  each  officer 
and  the  amount  paid  as  wages  to  its  employes. 

(/)  A  full  description  of  its  property  and  franchises,  stating  in 
detail  how  each  franchise  stated  to  be  owned  was  acquired  and  the 
book  value  thereof;  and 

(g)   Such  other  information  as  may  be  required  by  the  Council. 

Such  reports  shall  be  in  the  form  and  cover  the  period  prescribed 
by  the  Council;  and  the  Council  shall  have  the  power  either  through 
members  or  by  experts  or  employes  duly  authorized  by  it,  to 
examine  the  books  and  affairs  of  anv  such  person,  persons  or  cor- 
porations and  to  compel  the  production  before  them  of  books  and 
papers  pertaining  to  such  report  or  other  matters. 

Any  such  person,  persons  or  corporation  which  shall  fail  to  make 
any  such  report,  shall  be  liable  to  a  penalty  of  one  hundred  dollars 
and  an  additional  penalty  of  one  hundred  dollars  for  each  and  every 
dav  thereafter,  during  which  he  shall  fail  to  file  his  report,  to  be  sued 
for  and'recovered  in  any  court  of  record. 

The  Mayor  shall  have  the  power,  either  personally  or  through 
the  City's  inspectors  or  employes  duly  authorized  by  the  Council,  to 
enter  into  or  upon  and  to  inspect  the  buildings,  plants,  power  houses 
and  all  properties  of  any  such  person,  persons  or  corporation,  and 
shall  inspect  the  properties  of  such  person,  persons  or  corporation 
at  least  once  a  year  and  shall  immediately  thereafter  report  to  the 
Council  a  detailed "and'Vomplete  statement  of  such  inspection. 

78.  Books  of  Record  and  Reference. — The  Mayor  shall  provide 
and  cause  to  be  kept  in  the  ofiice  of  the  City  Clerk,  the  following 
books  of  record  and  reference: 

W^'^iFirst — A  Franchise  Record,  indexed  and  of  proper  form  in  which 
shall  be  transcribed  accurate  and  correct  copies  of  all  franchises  or 
grants  by  the  City  to  any  person,  persons  or  corporation  owning  or 
operating  any  public  utility.  The  index  of  said  record  shall  give 
the  name  of  the  grantee  and  thereafter  the  name  of  any  assignee 
thereof.     Said  record  shall  be  a  complete  history  of  all  franchises 


granted  by  the  City  and  shall  include  a  comprehensive  and  con- 
venient reference  to  actions,  contests  or  proceedings  at  law,  if  any, 
affecting  the  same. 

Second — ^A  Public  Utility  Record,  for  every  person,  persons  or 
corporation  owning  or  operating  any  public  utility  under  any  fran- 
chise granted  by  the  City,  into  which  shall  be  transcribed  accurate 
and  correct  copies  of  each  and  every  franchise  granted  by  the  City 
to  said  person,  persons  or  corporation  or  which  may  be  controlled  or 
acquired  by  them  or  it,  together  with  copies  of  all  annual  reports  and 
inspection  reports,  as  herein  provided,  and  such  other  matters  of  infor- 
mation and  public  interest  as  the  Mayor  may  from  time  to  time 
acquire.  All  annual  and  inspection  reports  shall  be  published  once 
in  two  dailv  newspapers  of  general  circulation  published  in  the  City, 
or  printed  and  distributed  in  pamphlet  form,  as  the  Council  may  deem 
best,  and  in  case  annual  reports  are  not  filed  and  inspections  are  not 
made,  as  provided,  the  Mayor  shall  in  writing  report  to  the  Council 
the  reasons  therefor,  which  report  shall  be  transcribed  in  the  Record 
of  the  person,  persons  or  corporation  owning  or  controlling  said 
franchise  or  grant,  and  published  once  in  two  daily  newspapers  of 
general  circulation  published  in  the  City,  or  printed  and  distributed 
in  pamphlet  form,  as  the  Council  may  deem  best. 

The  provisions  of  this  section  shall  apply  to  all  persons  or  corpora- 
tions operating  under  any  franchise  now  in  force  or  hereafter  granted 
by  the  City. 

79.  Books  of  Account— Exagjination.-»— The  City,  when  owning 
any  public  utility,  shall  keep  the  books  of  accounts  for  such  public 
utility  distinct  from  other  City  accounts  and  in  such  manner  as  to 
show  the  true  and  complete  financial  result  of  such  City  ownership,  or 
ownership  and  operation,  as  the  case  may  be.  Such  accounts  shall  bt 
so  kept  as  to  show  the  actual  cost  to  such  City  of  the  public  utility 
owned;  all  cost  of  maintenance,  extension  and  improvement;  all  oper- 
ating expenses  of  every  description,  in  case  of  such  City  operation ;  the 
amounts  set  aside  for  sinking  fund  purposes ;  if  water  or  other  service 
shall  be  furnished  for  the  use  of  such  public  utility  without  charge,  the 
accounts  shall  show,  as  nearly  as  possible  the  value  of  such  ser^dce, 
and  also  the  value  of  such  similar  service  rendered  by  the  public  utility 
to  any  other  City  department  without  charge;  such  accounts  shall  also 
show  reasonable  allowance  for  interest,  depreciation  and  insurance, 
and  also  estimates  of  the  amount  of  taxes  that  would  be  chargeable 
against  such  property  if  owned  b}'  a  private  corporation.  The 
Council  shall  cause  to  be  printed  annually  for  public  distribution,  a 
report  showing  the  financial  results,  in  form  as  aforesaid,  of  such 
City  ownership,  or  ownership  and  operation.  The  accounts  of  such 
public  utility,  kept  as  aforesaid,  shall  be  examined  at  least  once  a 
year  by  an  expert  accountant,  who  shall  report  to  the  Council 
the  results  of  his  examination.  Such  expert  accountant  shall  be 
selected  in  such  manner  as  the  Council  may  direct,  and  he  shall 
receive  for  his  services  such  compensation,  to  be  paid  out  of  the 
income  or  revenues  from  such  public  utility,  as  the  Council  may 
prescribe. 

23 


80.  Term    Not    Longer  Than  Twenty =five  Years — Compensation. 

— No  franchise,  lease  or  right  to  use  the  streets,  or  the  pubHc  places 
or  property  of  the  City  shall  be  granted  by  the  City,  except  as  in 
this  Charter  provided,  for  a  longer  period  than  twenty-five  (25) 
years,  nor  without  fair  compensation  to  the  City  therefor,  and  in 
addition  to  the  other  forms  of  compensation  to  be  therein  provided, 
the  grantee  shall  be  required  to  pay  annually  to  the  City  such  per- 
centage of  the  gross  receipts  arising  from  the  use  of  such  franchise 
and  of  the  plant  used  therewith  as  shall  be  fixed  in  the  grant  of 
said  franchise.  Provided,  that  such  percentage  be  not  less  than 
three  per  cent,  during  the  first  fifteen  years  and  not  less  than  five 
per  cent,  of  said  gross  annual  receipts  for  the  remainder  of  the  life 
of  the  franchise.  Every  grant  of  a  franchise  shall  fix  the  amount 
and  manner  of  the  payment  of  the  compensation  to  be  paid  by  the 
grantee  for  the  use  of  the  same  and  no  other  compensation  of  any 
kind  shall  be  exacted  for  such  use  during  the  life  of  the  franchise, 
but  this  provision  shall  not  exempt  the  grantee  from  any  lawful 
taxation  upon  his  or  its  property,  nor  from  any  licenses,  charges  or 
impositions  not  levied  on  account  of  such  use. 

81.  City  May  Purchase — Procedure. — (a)  Every  grant  of  a  fran- 
chise or  right  shall  provide  that  the  City  may,  upon  the  payment 
therefor  of  its  fair  valuation,  to  be  made  as  provided  in  the  grant, 
purchase  and  take  over  the  property  and  plant  of  the  grantee  in 
whole  or  in  part. 

The  procedure  to  effect  such  purchase  shall  be  as  follows: 

When  the  Council  shall,  by  resolution,  direct  that  the  Mayor  shall 
ascertain  whether  any  such  property  or  part  thereof,  should  be  ac- 
quired by  the  City,  or  in  the  absence  of  such  action  of  the  Council, 
when  a  petition  subscribed  by  ten  per  centum  of  the  qualified  tax- 
paying  electors  requesting  that  the  Mayor  shall  ascertain  whether 
any  such  property  or  part  thereof  should  be  acquired  by  the  City, 
shall  be  filed  with  the  Clerk,  the  Mayor  shall  forthwith  carefully  in- 
\'estigate  said  property  and  report  to  the  Council — 

(i)    At  what  probable  cost  said  property  may  be  acquired. 

(2)  What,  if  any,  probable  additional  outlays  would  be  necessary 
to  operate  same. 

(3)  Whether,  if  acquired,  it  could  be  operated  by  the  City  at  a 
profit  or  advantage  in  quality  or  cost  of  service,  stating  wherein  such 
profit  or  advantage  consists. 

(4)  Whether,  if  acquired,  it  could  be  paid  for  out  of  its  net 
earnings,  and  if  so,  within  what  time,  and 

(5)  Such  other  information  touching  the  same  as  he  shall  have 
acquired. 

Such  report  shall  be  made  in  writing,  shall  include  a  statement 
of  facts  in  relation  thereto  with  such  particularity  as  will  enable  the 

24 


Council  to  judge  of  the  correctness  of  his  findings,  and  immediately 
after  submission  to  the  Council,  shall  be  filed  with  the  Clerk,  recorded 
in  the  Public  Utility  Record  and  pubhshed  once  in  each  of  two  daily 
newspapers  of  general  circulation  published  in  the  City,  or  printed  and 
distributed  in  pamphlet  form,  as  the  Council  may  deem  best. 

If  a  petition  subscribed  by  twenty-five  per  centum  of  the  qualified 
tax-paying  electors  of  the  City,  requesting  that  the  question  whether 
or  not  the  City  shall  acquire  said  property  shall  be  submitted  to  a  vote 
of  the  people,  shall  within  sixty  days  after  the  fiUng  of  said  report  be 
filed  with  the  Clerk,  the  Council  shall  provide  by  ordinance  for  the 
submission  of  the  question  to  a  vote  of  the  qualified  tax-paving 
electors. 

(6)  Every  grant  reserving,  to  the  City  the  right  to  acquire  the 
plant  as  well  as  the  property,  if  any,  of  the  grantee  situated  in,  on, 
above  or  under  the  public  places  of  the  City,  or  elsewhere,  used  in 
connection  therewith,  shall  in  terms  specify  the  method  of  arriving 
at  the  valuation  therein  provided  for  and  shall  further  provide  that 
upon  the  payment  by  the  City  of  such  valuation  the  plant  and  prop- 
erty so  valued,  purchased  and  paid  for  shall  become  the  property  of 
the  City  by  virtue  of  the  grant  and  payment  thereunder  and  without 
the  execution  of  any  instrument  of  conveyance;  and  every  such 
grant  shall  make  adequate  provision  by  way  of  forfeiture  of  the 
grant,  or  otherwise,  for  the  effectual  securing  of  efficient  service  and 
for  the  continued  maintenance  of  the  property  in  good  order  and 
repair  throughout  the  entire  term  of  the  grant. 

(c)  Whenever  any  plant  or  property  shall  become  the  property- 
of  the  City  of  Colorado  Springs,  the  City  shall  have  the  option  at  any- 
time then  or  thereafter  either  to  operate  the  same  on  its  own  account, 
or  by  ordinance  to  lease  the  same  or  anv  part  thereof  together  with 
the  franchise  or  right  to  use  the  streets  or  other  public  property  in 
connection  therewith  for  periods  not  exceeding  twenty-five  years 
under  such  rules  and  regulations  as  it  may  prescribe,  or  by  ordin- 
ance to  sell  the  same  to  the  highest  bidder  at  public  sale.    ^  i'_^^  J 

82.  Matters  in  Charter  Not  to  Impair  Right  of  Council  to  Insert 
Other  Matters  in  Franchise. — ^The  enumeration  and  specification  of 
particular  matters  in  this  Charter  which  must  be  included  in  every 
franchise  or  grant,  shall  never  be  construed  as  impairing  the  right  of 
the  Council  to  insert  in  such  franchise  or  grant,  such  other  and  further 
matters,  conditions,  covenants,  terms,  restrictions,  limitations, 
burdens,  taxes,  assessments,  rates,  fares,  rentals,  charges,  control,  for- 
feitures, or  any  other  provision  whatever,  as  the  Council  shall  deem 
proper  to  protect  the  interests  of  the  people. 

83.  Revocable  Permits. — ^The  Council  ma}^  grant  a  permit  at  any 
time,  in  or  upon  any  street,  alley  or  public  place,  provided  such  per- 
mit may  be  revocable  by  the  Council  at  its  pleasure  at  any  time, 
whether  such  right  to  revoke  be  expressly  reserved  in  every  permit 
or  not. 

25 


ARTICLE   XIII. 
ELECTIONS. 

84.  General  and  Special  Municipal  Elections. — ^A  municipal  election 
shall  be  held  in  the  City  on  the  first  Tuesday  of  July  in  1909  and  on 
the  first  Tuesday  of  April  in  191 1,  and  on  the  first  Tuesday  in  April 
of  every  second  year  thereafter,  and  shall  be  known  as  the  General 
Municipal  election. 

A  second  election  shall  be  held  when  necessary  as  provided  in 
Section  104  of  this  Charter,  on  the  second  Tuesday  after  said  Gen- 
eral Municipal  election  and  shall  be  known  as  the  Second  General 
Municipal  election.  All  other  municipal  elections  that  may  be  held 
by  authority  of  this  Charter  or  of  general  law  shall  be  known  as 
Special  Municipal  elections. 

85.  Registration. — (a)  No  person  shall  be  permitted  to  vote  at  any 
municipal  election,  without  ha^dng  been  registered  as  required  by  the 
provisions  of  this  Article. 

(6)  The  Clerk  shall,  as  soon  as  may  be,  after  each  general  State 
election,  secure  from  the  county  clerk  of  El  Paso  County  a  certified 
copy  of  the  registration  lists  of  the  electors  of  the  City  registered  for 
that  election. 

(c)  For  municipal  elections  no  new  registration  shall  be  required, 
except  as  hereinafter  provided,  but  any  qualified  elector  of  the 
City  whose  name  is  on  the  registration  lists  used  at  the  then  last 
preceding  general  State  election,  and  who  still  resides  at  the  place 
designated  in  his  said  registration,  shall  be  deemed  properly  regis- 
tered for  any  such  election ;  and  additional  registration  and  changes  in 
registration  may  be  made  as  hereinafter  provided. 

(d)  On  the  eleventh  day  preceding  any  municipal  election 
the  Clerk  shall  deliver  to  the  registration  committee  of  each  election 
precinct  the  proper  registration  Hst,  and  on  the  tenth  day  pre- 
ceding the  election  thus  to  be  held,  or  if  that  day  be  a  legal  holiday  or 
a  Sunday,  then  on  the  succeeding  day,  the  registration  committee  for 
each  precinct  shall  sit  from  nine  o'clock  a.  m.  until  nine  o'clock  p.  m. 
at  some  suitable  place  within  the  precinct  to  be  provided  by  the 
Clerk,  and  shall  place  on  said  registration  lists  the  names  of  all 
qualified  electors  of  that  precinct  who  are  not  registered  and  w^ho 
shall  present  themselves  for  registration  and  comply  with  the  require- 
ments prescribed  by  the  general  registration  laws  of  the  State. 

(e)  Before  any  municipal  election  held  for  any  purpose  any 
qualified  elector  whose  name  does  not  appear  upon  the  registration 
lists  shall  have  the  right  to  have  his  name  placed  upon  such  regis- 
tration lists  by  presenting  himself  for  registration  at  the  office 
of  the  Clerk  between  the  hours  of  eight  o'clock  a.  m.  and  nine 
o'clock  p.  M.  on  the  eighth  day  preceding  the  election  thus  to  be  held, 
or  if  that  day  be  a  legal  holiday  or  a  Sunday,  then  on  the  succeeding 
day,  and  by  complying  with  the  requirements  prescribed  by  the 
general  registration  laws  of  the  State. 

26 


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(/)  Any  qualified  elector  whose  name  appears  upon  said  registra- 
tion list,  but"  who  has  removed  from  the  precinct  in  which  he  is  reg- 
istered to  some  other  precinct,  may  appear  before  the  Clerk  at 
any  time  within  five  days  prior  to  any  municipal  election  and,  upon 
making  oath  in  writing  as  to  his  then  present  residence,  said 
Clerk  shall  draw  a  line  in  red  ink  through  the  registration  of  such  per- 
son, making  a  note  as  follows :  "Changed 19 —  to  precinct 

ward ,"  inserting  the  date  and  number  of  precinct  and 

ward  therein,  and  shall  register  in  red  ink  such  person  in  the  regis- 
tration list  for  the  precinct  in  which  such  person  then  resides;  and 
a  change  of  residence  within  the  same  precinct  may  be  made  in  like 
manner.  The  Clerk  or  deputy  making  such  change  shall  sign  his 
name  in  the  column  provided  for  the  signatures  of  the  registration 
committee,  and  the  person  so  registered  shall  also  sign  his  name  as  in 
the  case  of  an  original  registration. 

(g)  The  registration  committee  and  the  judges  and  the  clerks  of 
election  shall  be  the  same  as  are  now  or  may  hereafter  be  provided 
by  the  general  laws  of  the  State,  except  as  the  Council  may  other- 
wise by  ordinance  provide. 

86.  Nomination  and  Election  of  Officers. — ^The  mode  of  nomination 
and  election  of  all  elective  officers  of  the  City  to  be  voted  for  at  any 
municipal  election  shall  be  as  follows  and  not  otherwise: 

87.  Condition  of  Candidacy. — ^The  name  of  a  candidate  shall  be 
printed  upon  the  ballot  when  a  petition  of  nomination  shall  have  been 
filed  in  his  behalf  in  the  manner  and  form  and  under  the  conditions 
hereinafter  set  forth. 

88.  Form  of  Nomination  Petition. — ^The  petition  of  nomination 
shall  consist  of  not  less  than  twenty-five  individual  certificates,  which 
shall  read  substantially  as  follows: 

PETITION  OF  NOMINATION. 
IndividuaIv  Certificate. 
STATE   OF   COLORADO,  ) 

County  of  El  Paso,       >  ss. 
City   of   Colorado   Springs.  ) 

I  do  hereby  join  in  a  petition  for  the  nomination  of 

whose  residence  is  at  No 

Street,  Colorado  Springs,  for  the 

office  of to  be  voted  for  at  the  municipal  elec- 
tion to  be  held  in  the  City  of  Colorado  Springs  on  the day 

of 19 ;  and  I  certify  that  I  am  a  qualified 

elector  and  am  not  at  this  time  a  signer  of  any  other  certificate  nomi- 
nating any  other  candidate  for  the  above  named  office,  or,  [in  case 
there  are  several  places  to  be  filled  in  the  above  named  office,]  that  I 
have  not  signed  more  certificates  than  there  are  places  to  be  filled  in 

the  above  named  office;    that  my  residence  is  at  No 

Street,  Colorado  Springs. 

27 


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(/)  Any  qualified  elector  whose  name  appears  upon  said  registra- 
tion list,  butr  who  has  removed  from  the  precinct  in  which  he  is  reg- 
istered to  some  other  precinct,  may  appear  before  the  Clerk  at 
any  time  within  five  days  prior  to  any  municipal  election  and,  upon 
making  oath  in  writing  as  to  his  then  present  residence,  said 
Clerk  shall  draw  a  line  in  red  ink  through  the  registration  of  such  per- 
son, making  a  note  as  follows :  "Changed 1 9_  _  -  to  precinct 

ward ,"  inserting  the  date  and  number  of  precinct  and 

ward  therein,  and  shall  register  in  red  ink  such  person  in  the  regis- 
tration list  for  the  precinct  in  which  such  person  then  resides;  and 
a  change  of  residence  within  the  same  precinct  may  be  made  in  like 
manner.  The  Clerk  or  deputy  making  such  change  shall  sign  his 
name  in  the  column  provided  for  the  signatures  of  the  registration 
committee,  and  the  person  so  registered  shall  also  sign  his  name  as  in 
the  case  of  an  original  registration. 

(g)  The  registration  committee  and  the  judges  and  the  clerks  of 
election  shall  be  the  same  as  are  now  or  may  hereafter  be  provided 
by  the  general  laws  of  the  State,  except  as  the  Council  may  other- 
wise by  ordinance  provide. 

86.  Nomination  and  Election  of  Officers. — ^The  mode  of  nomination 
and  election  of  all  elective  oflicers  of  the  City  to  be  voted  for  at  any 
municipal  election  shall  be  as  follows  and  not  otherwise: 

87.  Condition  of  Candidacy. — ^The  name  of  a  candidate  shall  be 
printed  upon  the  ballot  when  a  petition  of  nomination  shall  have  been 
filed  in  his  behalf  in  the  manner  and  form  and  under  the  conditions 
hereinafter  set  forth. 

88.  Form  of  Nomination  Petition. — ^The  petition  of  nomination 
shall  consist  of  not  less  than  twenty-five  individual  certificates,  which 
shall  read  substantially  as  follows: 

PETITION  OF  NOMINATION. 

Individual  Certificate. 
STATE  OF  COLORADO, 

County  of  El  Paso, 
City   of   Colorado   Springs. 

I  do  hereby  join  in  a  petition  for  the  nomination  of 

whose  residence  is  at  No 

Street,  Colorado  Springs,  for  the 

office  of to  be  voted  for  at  the  municipal  elec- 
tion to  be  held  in  the  City  of  Colorado  Springs  on  the day 

of 19 ;  and  I  certify  that  I  am  a  qualified 

elector  and  am  not  at  this  time  a  signer  of  any  other  certificate  nomi- 
nating any  other  candidate  for  the  above  named  office,  or,  [in  case 
there  are  several  places  to  be  filled  in  the  above  named  office,]  that  I 
have  not  signed  more  certificates  than  there  are  places  to  be  filled  in 

the  above  named  office;    that  my  residence  is  at  No 

Street,  Colorado  Springs. 

27 


I  further  certify  that  I  join  in  this  petition  for  the  nomination  of 
the  above  named  person  beheving  that  he  has  not  become  a  candidate 
as  the  nominee  or  representative  of  or  because  of  any  promised  sup- 
port from  any  political  party  or  any  committee  or  convention  rep- 
resenting or  acting  for  any  political  party. 

(Signed) 

STATE  OF  COLORADO,  i 

County  of  Eiv  Paso,       [  ss. 
City   of   Colorado   Springs.  ) 

,   being  first   duly  sworn, 

deposes  and  says  that  he  is  the  person  who  signed  the  foregoing 
certificate  and  that  the  statements  therein  are  true. 

(Signed) 

Subscribed  and  sworn  to  before  me  this day  of 

19 

My  commission  expires 


Notary  Public. 

The  petition  of  nomination  of  which  this  certificate  forms  a  part 

shall,  if  found  insufficient,  be  returned  to 

at  No Street,  Colorado  Springs. 

89.  Forms  to  be  Supplied  by  the  Clerk. — ^It  shall  be  the  duty  of  the 
Clerk  to  furnish  upon  application,  a  reasonable  number  of  forms  of 
such  individual  certificates. 

90.  Requirements  of  Certificate. — Each  certificate  must  be  a  sep- 
arate paper.  All  certificates  must  be  of  a  uniform  size  as  determined 
by  the  Clerk.  Each  certificate  must  contain  the  name  of  one  signer 
thereto  and  no  more.  Each  certificate  shall  contain  the  name  of  one 
candidate  and  no  more.  In  case  an  elector  has  signed  two  or  more 
conflicting  certificates,  all  such  conflicting  certificates  shall  be  re- 
jected. Each  signer  must  make  oath  to  his  certificate  before  a 
Notary  Public  substantially  in  the  form  prescribed  in  Section  88  of 
this  Charter. 

91.  Date  of  Presenting^'Petition. — ^A  petition  of  nomination,  con- 
sisting of  not  less  than  twenty-five  individual  certificates  for  any  one 
candidate,  may  be  presented  to  the  Clerk  not  earlier  than  thirty  nor 
later  than  twenty  days  before  the  election.  The  Clerk  shall  endorse 
thereon  the  date  upon  which  the  petition  was  presented  to  him. 

92.  Examination  of  Petition  by  Clerk. — ^When  a  petition  of  nom- 
ination is  presented  for  filing  to  the  Clerk,  he  shall  forthwith  examine 
the  same,  and  ascertain  whether  it  conforms  to  the  provisions  of  this 
Article.  If  found  not  to  conform  thereto,  he  shall  then  and  there  in 
writing  designate  on  said  petition  the  defect  or  omission  or  reason 
why  such  petition  cannot  be  filed,  and  shall  forthwith  return  the 
petition  to  the  person  named  as  the  person  to  whom  the  same  shall  be 

28 


returned  in  accordance  with  this  Article.  The  petition  may  then  be 
amended  and  again,  but  not  later  than  three  days  after  said  petition 
shall  have  been  returned,  presented  to  the  Clerk,  as  in  the  first  in- 
stance. The  Clerk  shall  forthwith  proceed  to  examine  the  amended 
petition  as  hereinbefore  provided. 

93.  Filing  of  Petitions. — If  either  the  original  or  the  amended 
petition  of  nomination  be  found  sufficiently  signed,  as  hereinbefore 
provided,  the  Clerk  shall  file  the  same  forthwith. 

94.  Acceptance  or  Withdrawal  of  Candidate. — ^Any  person  nomi- 
nated under  this  Article  shall  file  his  acceptance  with  the  Clerk 
within  five  days  from  the  filing  of  the  petition  of  nomination  and 
in  the  absence  of  such  acceptance  the  name  of  the  candidate  shall 
not  appear  on  the  ballot.  In  said  acceptance  he  shall  make  affidavit 
to  the  fact  that  he  has  not  become  a  candidate  as  the  nominee  or 
representative  of  or  because  of  any  promised  support  from  any 
political  party  or  any  committee  or  convention  representing  or 
acting  for  any  political  party.  Any  person  whose  name  has  been 
presented  under  this  Article  as  a  candidate  may,  not  later  than 
fifteen  days  before  the  day  of  election,  cause  his  name  to  be  with 
drawn  from  nomination  by  filing  with  the  Clerk  a  request  therefor 
in  writing,  and  no  name  so  withdrawn  shall  be  printed  upon  the 
ballot. 

95.  Preservation  of  Petitions. — ^The  Clerk  shall  preserve  in  his 
office  for  a  period  of  two  years  all  petitions  of  nomination  and  all 
certificates  belonging  thereto  filed  under  this  Article. 

96.  Election  Notices. — The  Clerk  shall,  on  the  tenth  day  be- 
fore the  election,  certify  a  list  of  the  candidates  so  nominated  whose 
names  are  entitled  to  appear  on  the  ballot  as  being  the  list  of  candi- 
dates nominated  as  required  by  this  Charter,  with  the  offices  to  be 
filled,  and  the  Council  shall  cause  said  certified  list  of  names  and  the 
offices  to  be  filled,  designating  whether  for  a  full  or  unexpired  term,  to 
be  published  in  a  notice  calling  the  election,  three  successive  days 
before  the  election,  in  not  more  than  two  daily  newspapers  of  general 
circulation  published  in  the  City. 

97.  Form  of  Ballots. — ^The  Clerk  shall  cause  the  ballots  to  be 
printed,  bound,  numbered,  endorsed  and  authenticated,  as  provided 
by  State  law,  except  as  otherwise  required  in  this  Charter.  The  bal- 
lots shall  contain  the  list  of  names  and  the  respective  offices,  as  pub- 
lished in  the  election  notice,  and  shall  be  in  substantially  the  follow- 
ing form: 

GENERAL  (OR  SPECIAL)  MUNICIPAL  ELECTION,  CITY  01' 
COLORADO  SPRINGS.  (Inserting  date  thereof.) 
Instructions  to  Voters  :  To  vote,  place  a  cross  (X)  mark  with 
ink  in  the  circle  opposite  the  name  of  the  candidate  for  whom  you 
desire  to  vote.  All  distinguishing  marks  are  forbidden  and  make 
the  ballot  void.  If  you  wrongly  mark,  tear  or  deface  this  ballot, 
return  it  to  the  Judges  of  Election  and  obtain  another. 

29 


98.  Arrangement  of  Offices  on  Ballot. — ^The  offices  to  be  filled 
shall  be  arranged  in  separate  columns  in  the  following  order: 

"For  Mayor  (if  any)  vote  for  one," 

"For  Councilman  (if  any)  vote  for  (giving  number)." 

99.  Circle  for  Placing  Cross. — Circles  shall  be  provided  at  the  right 
of  the  name  of  each  candidate  wherein  to  place  the  cross. 

100.  Blank  Spaces  for  Additional  Candidates. — Spaces  shall  be  left 
below  the  printed  names  of  candidates  for  each  office  equal  in  num- 
ber to  the  number  to  be  voted  for,  wherein  the  voter  may  write  the 
names  of  any  person  or  persons  for  whom  he  may  wish  to  vote. 

101.  Requirements  of  Ballots. — ^Ah  ballots  printed  shall  be  pre- 
cisely of  the  same  size,  quality,  tint  of  paper,  kind  of  type  and  color 
of  ink,  so  that  without  the  number,  it  would  be  impossible  to  dis- 
tinguish one  ballot  from  another.  Space  shall  be  provided  on  the  • 
ballot  for  Charter  amendments  or  other  questions  to  be  voted  on  at 
the  municipal  elections,  as  provided  by  this  Charter.  The  names  of 
candidates  for  each  office  shall  be  arranged  in  alphabetical  order. 
Nothing  on  the  ballot  shall  be  indicative  of  the  source  of  the  can- 
didac}'  or  of  the  support  of  any  candidate.  No  ballot  shall  have 
printed  thereon  any  party  or  political  designation  or  mark  and  there 
shall  not  be  appended  to  the  name  of  any  candidate  any  such  party 
or  political  designation  or  mark,  or  anything  indicating  his  views  or 
opinions. 

102.  Sample  Ballots. — ^The  Clerk  shall  at  least  five  days  before  the 
election  cause  to  be  printed  five  hundred  sample  ballots,  upon  paper 
of  different  color  but  otherwise  identical  with  the  ballot  to  be  used  at 
the  election  and  shall  distribute  the  same  upon  application  to  regis- 
tered voters  at  his  office. 

103.  First  or  Primary  Election. — In  case  there  is  but  one  person  to 
be  elected  to  an  office,  the  candidate  receiving  a  majority  of  the 
votes  cast  for  all  the  candidates  for  that  office  shall  be  declared 
elected;  in  case  there  are  two  or  more  persons  to  be  elected  to  an 
office,  then  those  candidates  equal  in  number  to  the  number  to 
be  elected,  who  receive  the  highest  number  of  votes  for  such  office 
shall  be  declared  elected;  provided,  however,  that  no  person  shall 
be  declared  elected  to  any  office  at  such  first  election  unless  the 
number  of  votes  received  by  him  shall  be  greater  than  one-half  the 
number  of  ballots  cast  at  such  election. 

104.  Second  Election. — ^As  to  any  office  not  so  filled  by  majority 
vote,  said  first  election  shall  be  deemed  a  primary  election  for  the  nom- 
ination of  candidates  therefor,  and  a  second  election  shall  be  held  to  fill 
said  office.  At  said  second  election  the  only  candidates  whose  names 
are  printed  upon  the  ballot  shall  be,  if  for  the  office  of  Mayor,  the  two 
persons  who  at  such  primary  election  received  the  highest  num- 
lier  of  votes  therefor,  and,  if  for  the  office  of  Councilman,  those 
persons  not  exceeding  twice  the  number  of  the  office  or  offices  to 
be  filled,  who  at  such  primary  election  received  the  highest  num- 

30 


ber  of  votes  less  than  a  majority  for  such  office;  provided,  how- 
ever, that  any  person,  who  at  such  primary  election  received  the 
same  number  of  votes  (for  such  office)  as  any  person  so  made  a 
candidate  for  that  office,  shall  also  be  a  candidate  therefor  at  said 
second  election,  and  that  any  candidacy  at  said  second  election  made 
vacant  by  death,  withdrawal  or  otherwise  shall  be  filled  by  selec- 
tion of  the  person  (or  persons  if  more  than  one)  who  at  said  primary 
election  secured  the  next  highest  number  of  votes  less  than  a  majority 
for  said  office.  At  said  second  election  the  candidates  receiving 
the  highest  number  of  votes  shall  be  declared  elected. 

105.  Date  of  Second  Election. — The  said  second  election,  if  neces- 
sary to  be  held,  shall  be  held  two  weeks  after  the  first  election. 

106.  Rules  Governing  Second  Election. — ^All  the  provisions  and 
conditions  of  this  Article  as  to  the  conduct  of  an  election,  so  far  as 
they  may  be  applicable,  shall  govern  the  second  election,  except  that 
notice  of  election  shall  be  published  once  only,  and  provided  also  that 
the  same  precincts  and  polling  places  shall,  if  possible,  be  used. 

107.  Informalities  in  Election. — No  informahties  in  conducting 
municipal  elections  shall  invalidate  the  same,  if  they  have  been  con- 
ducted fairly  and  in  substantial  conformity  with  the  requirements 
of  this  Charter. 

108.  Statement  of  Expenses  to  be  Filed. — Every  candidate  who 
is  vot,ed  for  at  any  election  held  within  this  City  shall  within  thirty 
days  after  such  election,  file  an  itemized  statement  showing  in  detai 
all  the  moneys  contributed  or  expended  by  him  directly  or  indirectly 
by  himself  or  through  any  other  person  in  aid  of  his  election.  Such 
statement  shall  give  the  names  of  the  various  persons  who  received 
such  money  and  the  specific  nature  of  each  item  and  the  purpose 
for  which  it  was  expended  or  contributed.  There  shall  be  attached 
to  each  statement  an  affidavit  of  such  candidate,  setting  forth  in 
substance  that  the  statement  thus  made  is  in  all  respects  true  and 
that  the  same  is  a  full  and  detailed  statement  of  all  moneys  so  con- 
tributed or  expended  by  him. 

109.  Corrupt  Practices. — ^Any  person  who  shall,  at  any  municipal 
election,  violate  any  of  the  State  laws  in  regard  to  corrupt  practices, 
or  who  shall  fail  to  file  a  sworn  statement  of  expenses  as  hereinabove 
required,  shall,  upon  conviction  thereof,  be  forthwith  disqualified 
from  holding  municipal  office,  position  or  employment  for  a  period  of 
two  years,  and  if  such  person  shall  have  been  elected  or  appointed  to 
any  municipal  office,  position  or  employment,  his  conviction  of  any 
such  violation  shall  ipso  facto  create  a  vacancy  therein. 

Action  for  the  enforcement  of  this  provision  may  be  brought  by 
the  City  Attorney,  or  by  any  citizen,  on  behalf  of  the  City. 

110.  Use  of  Carriages  on  Day  of  Election. — No  candidate  for  any 
elective  office  shall  directly  or  indirectly  use  or  cause  to  be  used 
in  aid  of  his  candidacy  on  the  day  of  any  municipal  election  more 
than  one  carriage  or  other  vehicle  to  aid  voters  to  get  to  the  polling 

31 


places.  Such  carriage  or  other  vehicle  shall  be  used  to  transport 
only  those  voters  who  by  reason  of  illness  or  other  infirmity  are 
unable  to  go  to  the  polling  places  unless  so  transported.  Any 
candidate  desiring  to  use  the  one  carriage  or  other  vehicle  above 
mentioned  shall  not  less  than  one  day  prior  to  the  day  of  election 
file  in  the  office  of  the  Clerk  a  statement  of  such  desire  on  his  part 
which  shall  contain  such  a  description  of  the  carriage  or  vehicle 
he  desires  to  use  as  will  readily  identify  the  same.  No  other  car- 
riage or  vehicle  than  the  one  so  described  in  the  said  statement 
shall  be  used  by  the  said  candidate,  or  by  any  committee  or  associa- 
tion promoting  his  candidacy  for  the  purpose  of  conveying  voters  to 
the  polling  places  on  the  day  of  election. 

A  violation  of  any  of  the  provisions  of  this  section  by  any  candi- 
date shall  disqualify  him  from  holding  the  office  for  which  he  is  a 
candidate. 

Every  elective  officer  of  the  City  shall,  at  the  time  he  takes  the 
oath  of  office,  be  required  to  take  and  subscribe  an  oath  that  he  has 
not  violated  any  of  the  provisions  of  this  section. 

111.  General  Election  Regulations. — ^The  provisions  of  any  State 
law  now  or  hereafter  in  force  except  as  the  Council  may  otherwise 
by  ordinance  provide  relating  to  the  qualifications  and  registra- 
tion of  electors,  the  manner  of  voting,  the  duties  of  election  officers, 
the  canvassing  of  returns,  and  all  other  particulars  in  respect  to 
the  management  of  elections,  except  as  otherwise  provided  m  this 
Article,  so  far  as  they  may  be  applicable,  shall  govern  all  muni- 
cipal elections;  provided  that  the  Council  shall  meet  as  a  canvassing 
board  and  duly  canvass  the  election  returns  within  two  days  after 
any  municipal  election. 

ARTICLE  XIV. 
RECALL  OF  ELECTIVE  OFFICERS. 

1 12.  Applies  to  All  Elective  Officers. — ^The  holder  of  any  elective 
office  may  be  removed  by  the  qualified  electors  of  the  City.  The  pro- 
cedure to  effect  such  removal  from  office  shall  be  as  follows: 

113.  Petition  for  Recall. — ^A  petition  signed  by  electors  qualified 
to  vote  for  a  successor  to  the  incumbent  sought  to  be  removed  equal 
in  number  to  at  least  thirty  per  centum  of  the  last  preceding  vote 
cast  for  all  candidates  for  Mayor,  demanding  an  election  of  a  suc- 
cessor of  said  incumbent  shall  be  addressed  to  the  Council  and  filed 
with  the  Clerk.  The  Council  shall  provide  blank  forms  for  such 
petitions  which  shall  be  kept  by  and  secured  from  the  Clerk.  The 
Clerk,  upon  issuing  such  forms  to  any  person,  shall  enter  the  name 
of  the  person  to  whom  issued,  the  date  of  such  issuance  and  the 
number  of  such  forms  issued  in  a  record  to  be  kept  in  his  office 
for  that  purpose,  and  shall  certify  on  each  of  said  forms  under 
his  seal,  the  name  of  the  person  to  whom  issued  and  the  date  of 
the    issuance.      No    petition    shall    be     filed   unless    it    shall    bear 

32 


such  certificate  of  the  Clerk.  All  petitions  shall  be  returned  and 
filed  with  the  Clerk  within  thirty  days  from  the  issuance  of  such  blank 
forms.  The  petition  shall  contain  a  specific  statement  of  the  grounds 
upon  which  the  removal  is  sought.  The  signatures  to  the  petition 
need  not  all  be  appended  to  one  paper,  but  each  signer  shall  add  to 
his  signature  his  place  of  residence,  giving  the  street  and  number. 
One  of  the  signers  of  each  such  paper  shall  make  oath  before  an 
officer  competent  to  administer  oaths,  that  the  statements  contained 
therein  are  true,  and  that  each  signature  appended  to  the  paper  is 
the  genuine  signature  of  the  person  whose  name  it  purports  to  be. 
All  papers  composing  said  petition  shall  be  assembled  and  filed  as 
one  instrument,  with  endorsement  thereon  of  the  names  and  ad- 
dresses of  three  persons  designated  as  filing  said  petition.  Provided, 
that  prior  to  the  issuance  of  any  blank  forms  of  petition  for  recall 
an  affidavit  shall  be  made  by  one  or  more  qualified  electors,  which 
affidavit  shall  state  the  name  of  the  officer  or  officers  sought  to 
be  removed  and  the  ground  upon  which  the  removal  is  sought,  and 
such  affidavit  shall  be  filed  with  the  Clerk. 

114.  Petition  May  Be  Amended  or  New  Petition  Made. — ^Within 
ten  days  from  the  filing  of  said  petition  the  Clerk  shall  ascertain 
by  examination  thereof  and  of  the  registration  books  and  election 
returns  whether  the  petition  is  signed  by  the  requisite  number  of 
qualified  electors,  and  shall  attach  thereto  his  certificate  showing  the 
result  of  such  examination.  He  shall,  if  necessary,  be  allowed  extra 
help  by  the  Council. 

If  his  certificate  shows  the  petition  to  be  insufficient,  he  shall 
within  said  ten  days  so  notify  in  writing  one  or  more  of  the  persons 
designated  on  the  petition  as  filing  the  same;  and  the  petition  may 
be  amended  at  any  time  within  ten  days  from  the  filing  of  the  certifi- 
cate. The  Clerk  shall  within  ten  days  after  such  amendment  make, 
like  examination  of  the  amended  petition  and  attach  thereto  his 
certificate  of  the  result.  If  still  insufficient,  or  if  no  amendment  is 
made,  he  shall  return  the  petition  to  one  of  the  persons  designated 
thereon  as  filing  it,  without  prejudice,  however,  to  the  filing  of  a  new 
petition  for  the  same  purpose. 

lis.  Election  Under  Recall  Petition,  Unless  Officer  Resigns. — If 

the  petition  or  amended  petition  shall  be  found  and  certified  by 
the  Clerk  to  be  sufficient,  he  shall  submit  the  same  with  his  certificate 
to  the  Council  without  delay,  and  the  Council  shall,  if  the  officer 
sought  to  be  removed  does  not  resign  within  five  days  thereafter, 
thereupon  order  an  election  to  be  held  on  a  Tuesday  fixed  by  it,  not 
less  than  thirty  nor  more  than  forty  days  from  the  date  of  the  Clerk's 
certificate  that  a  sufficient  petition  is  filed;  provided,  however,  that 
if  any  other  municipal  election  is  to  occur  within  sixty  days  from 
the  date  of  the  Clerk's  certificate,  the  Council  may,  in  its  discre- 
tion, postpone  the  holding  of  the  removal  election  to  the  date  of 
such  other  municipal  election.  If  vacancy  occur  in  said  office 
after  a  removal  election  has  been  so  ordered,  the  election  shall  never- 
theless proceed  as  in  this  Article  provided. 

33 


116.  Candidates — Election. — ^Any  officer  sought  to  be  removed 
may  be  a  candidate  to  succeed  himself,  and  unless  he  requests  other- 
wise in  writing,  the  Clerk  shall  place  his  name  on  the  official  ballot 
without  nomination.  The  nomination  of  other  candidates,  the  pub- 
lication of  notice  of  such  removal  election  and  the  conduct  of  the 
same,  shall  all  be  in  accord  with  the  provisions  of  Article  XIII  here- 
of, relating  to  elections.  In  such  removal  election  the  candidate 
receiving  the  majority  of  all  votes  cast  for  said  office  at  the  first 
election,  or  if  that  prove  to  be  a  primary  election,  then  the  candidate 
receiving  the  highest  number  of  votes  at  the  second  election  shall  be 
declared  elected.  Said  second  election,  if  necessary,  shall  be  held 
fourteen  days  after  the  first  election. 

117.  Incumbent  Removed. — ^The  incumbent  shall  continue  to  per- 
form the  duties  of  his  office  until  the  removal  election.  If  then 
elected,  he  shall  continue  in  office  for  the  balance  of  his  term.  If  not 
then  elected,  he  shall  be  deemed  removed  upon  the  qualification  of 
his  successor,  who  shall  hold  office  during  the  unexpired  term.     If  the 

"successor  fail  to  qualify  within  ten  days  after  receiving  notification  of 
his  election,  the  incumbent  shall  thereupon  be  deemed  removed  and 
the  office  vacant.  The  method  of  removal  by  recall  herein  provided 
for,  shall  be  cumulative  and  additional  to  any  method  otherwise  pro- 
vided in  this  Charter. 

118.  No  Recall  Petition  for  First  Six  Months. — No  recall  petition 
shall  be  filed  against  any  officer  until  he  has  actually  held  his  office 
for  at  least  six  months. 

119.  Incapacity  of  Recalled  Officer. — No  person  who  has  been  re- 
moved from  an  office  by  recall,  or  who  has  resigned  from  such  office 
while  recall  proceedings  were  pending  against  him,  shall  be  ap- 
pointed to  any  office  within  one  year  after  such  removal  by  recall  or 
resignation. 


ARTICLE  XV. 

THE  INITIATIVE. 

120.  Direct  Legislation.— Any  proposed  ordinance  maybe  submitted 
to  the  Council  by  petition  signed  by  qualified  electors  of  the  City, 
equal  in  number  to  the  percentage  hereinafter  required.  The  pro- 
cedure in  respect  of  such  petition  shall  be  the  same  as  provided  in 
Sections  113  and  1 14  of  this  Charter,  with  such  modifications  as  the  na- 
ture of  the  case  requires,  except  that  no  blank  forms  shall  be 
furnished  pr  preliminary  affidavit  made. 

121.  Fifteen  Per  Centum  Petition. — If  the  petition  accompanying 
the  proposed  ordinance  be  signed  by  qualified  electors  equal  in  num- 
ber to  fifteen  per  centum  of  the  last  preceding  vote  cast  for  all  can- 
didates for  Mayor,  and  contains  a  request  that  said  proposed  ordin- 
ance be  submitted  to  a  vote  of  the  people,  if  not  passed  by  the  Coun- 

34 


cil,  the  Council  shall  within  twenty  days  after  the  attachment  of  the 
Clerk's  certificate  of  sufficiency  to  the  accompanying  petition,  either 

(a)  Pass  said  ordinance  without  alteration,  (subject  to  the 
referendary  vote  under  the  provisions  of  Section  130  of  this  Charter) ; 
or 

(b)  Call  a  special  election  unless  a  general  municipal  election  is 
fixed  within  ninety  days  thereafter,  and  at  such  special  or  general 
municipal  election  said  proposed  ordinance  shall  be  submitted  with- 
out alteration  to  the  vote  of  the  qualified  electors  of  the  City. 

122.  Five  Per  Centum  Petition. — If  the  petition  be  signed  by 
qualified  electors  equal  in  number  to  at  least  five  per  centum  but  less 
than  fifteen  per  centum  of  the  last  preceding  vote  cast  for  all  candi- 
dates for  Mayor,  and  said  proposed  ordinance  be  not  passed  without 
alteration  by  the  Council  within  twenty  days,  as  provided  in  the  pre- 
ceding section,  then  such  proposed  ordinance,  without  alteration, 
shall  be  submitted  by  the  Council  to  electoral  vote  at  the  next  general 
mvmicipal  election  occurring  not  less  than  thirty  days  thereafter. 

123.  Publication  of  Electoral  Ordinance. — Whenever  any  proposed 
ordinance  is  required  by  this  Charter  to  be  submitted  to  the  voters 
of  the  City  at  any  election,  the  Council  shall  cause  said  proposed 
ordinance  to  be  published  in  like  manner  as  other  proposed  ordin- 
ances are  required  to  be  published. 

124.  Election. — ^The  ballots  used  when  voting  upon  such  proposed 
ordinance  shall  contain  the  words:  "  For  the  Ordinance"  (stating  the 
nature  of  the  proposed  ordinance)  and  "Against  the  Ordinance" 
(stating  the  nature  of  the  proposed  ordinance.)  If  a  majority  of  the 
qualified  electors  voting  on  said  proposed  ordinance  shall  vote  in 
favor  thereof,  the  same  shall  thereupon  become  an  ordinance  of  the 
City. 

125.  Several  Ordinances  at  One  Election. — ^Any  number  of  proposed 
ordinances  may  be  voted  on  at  the  same  election,  in  accordance  with 
the  provisions  of  this  Article. 

126.  Limit  to  Special  Elections.— There  shall  not  be  held  under  this 
Article  of  the  Charter,  more  than  one  special  election  in  any  period  of 
twelve  months. 

127.  Repeal  of  Electoral  Ordinance. — ^The  Council  may  submit  a 
proposition  for  the  repeal  or  amendment  of  any  ordinance  so  adopted 
by  electoral  vote,  to  be  voted  upon  at  any  succeeding  general  muni- 
cipal election,  and  should  such  proposition  so  submitted  receive  a 
majority  of  the  votes  cast  thereon  at  such  election,  such  ordinance 
shall  be  repealed  or  amended  accordingly.  An  ordinance  so  adopted 
by  electoral  vote,  cannot  be  repealed  or  amended  except  by  electoral 
vote. 

128.  Further  Regulations. — ^The  Council  may,  by  ordinance,  make 
such  further  regulations  as  it  may  deem  necessary  to  carry  out  the 
provisions  of  this  Article. 


ARTICLE  XVI. 
THE  REFERENDUM. 

129.  Mode  of  Protesting  Against  Ordinances.^ — No  ordinance  passed 
by  the  Council  shall  go  into  effect  before  ten  days  from  the  time  of  its 
final  passage,  except  ordinances  making  tax  levy  or  appropriation, 
or  in  respect  of  a  parking  or  paving  district,  and  excepting  also  any 
ordinance  for  the  immediate  preservation  of  the  public  peace,  health 
or  safety,  which  contains  a  statement  of  its  urgency.  If,  during  said 
ten  days,  a  petition  signed  by  qualified  electors  of  the  City  equal  in 
number  to  at  least  fifteen  per  centum  of  the  last  preceding  vote  cast 
for  all  candidates  for  Mayor  be  presented  to  the  Council,  protesting 
against  the  going  into  effect  of  such  ordinance,  the  same  shall  there- 
upon be  suspended  from  going  into  effect,  and  it  shall  be  the  duty  of 
the  Council  to  reconsider  such  ordinance,  and  if  the  same  be  not 
entirely  repealed,  the  Council  shall  submit  the  ordinance,  as  is  pro- 
vided in  Article  XV  of  this  Charter,  to  a  vote  of  the  qualified  electors 
of  the  City,  either  at  the  next  general  municipal  election  or  at  a  special 
election  to  be  called  for  that  purpose,  and  such  ordinance  shall  not  go 
into  effect  unless  a  majority  of  the  qualified  electors  voting  on  the 
same  shall  vote  in  favor  thereof.  The  procedure  in  respect  of  such 
petition  shall  be  the  same  as  provided  in  Sections  113  and  1 14  of  this 
Charter,  with  such  modifications  as  the  nature  of  the  case  requires, 
except  that  no  blank  forms  shall  be  furnished  or  preliminary  affidavit 
made. 

130.  Reference  by  the  Council. — ^The  Council  may,  of  its  own 
motion,  submit  to  electoral  vote  for  adoption  or  rejection  at  a  general 
or  special  municipal  election  any  proposed  ordinance  or  measure  in 
the  same  manner  and  with  the  same  force  and  effect  as  is  provided  in 
Article  XV,  If  the  provisions  of  two  or  more  proposed  ordinances 
or  measures  adopted  or  approved  at  the  same  election  conflict,  then 
the  ordinance  or  measure  receiving  the  highest  affirmative  vote  shall 
control. 

131.  Further  Regulations. — ^The  Council  may,  by  ordinance,  make 
such  further  regulations  as  it  may  deem  necessary  to  carry  out  the 
provisions  of  this  Article. 


ARTICLE  XVII. 

OFFICERS,  EMPLOYES  AND  SALARIES. 

132.  Officers — Employes. — ^The  Mayor,  Councilmen  and  Police 
Magistrate  shall  be  the  officers  of  the  City.  All  other  persons  in  the 
service  of  the  City,  or  of  any  commission  or  board  thereof,  are  hereby 
declared  to  be  employes.  Except  as  herein  otherwise  provided  the 
Council  shall  by  ordinance  fix  the  compensation  of  salaried  employes, 
and  until  such  compensation  has  been  fixed  by  ordinance,  as  afore- 
said, the  same  shall  remain  as  now  provided. 

36 


133.  Office  Hours. — It  shall  be  the  duty  of  the  Mayor  and  each 
Councilman  to  maintain  regular  office  hours  at  the  City  Hall. 

134.  Salary  of  Mayor.— The  salary  of  the  Mayor  shall  be  Thirty - 
six  Hundred  Dollars  ($3,600.00)  per  annum,  of  which  Eighteen  Hun- 
dred Dollars  ($1,800.00)  shall  be  charged  to  the  Department  of  Water 
and  Water  Works.  Said  salary  shall  be  payable  in  equal  monthly 
installments. 

135.  Salary  of  Councilmen. — ^The  salary  of  each  Councilman  shall 
be  Two  Thousand  Dollars  ($2,000.00)  per  annum,  payable  in  equal 
monthly  installments. 

136.  Removal  Terminates  Salary. — In  case  of  removal  of  any 
officer  or  employe  his  right  to  salary  shall  thereupon  cease. 

137.  Appointment  of  Clerk  and  Attorney. — ^A  City  Clerk  shall  be 
appointed  by  the  Council.  A  City  Attorney  shall  be  appointed  by 
the  Mayor,  subject  to  confirmation  by  the  Council. 

138.  Treasurer — ^Auditor. — ^The  positions  of  Treasurer  and  Auditor 
shall  continue  with  the  powers,  duties  and  compensation  as  now  es- 
tablished by  law,  subject  to  the  provisions  of  this  Charter,  until  the 
Council  shall  by  ordinance  otherwise  provide. 

139.  Oaths. — Every  officer  shall,  before  he  enters  upon  the  duties 
of  his  office,  take,  subscribe  and  file  with  the  Clerk  an  oath  or  affirma- 
ation  to  support  the  Constitution  of  the  United  States  and  the  Con- 
stitution of  the  State  of  Colorado,  and  to  faithfully  perform  the  duties 
of  the  office  upon  which  he  shall  be  about  to  enter. 

140.  Bonds. — If  any  officer  or  employe  is  required  by  law  or  by 
ordinance  to  give  bond,  he  shall  not  be  deemed  qualified  for  his  office 
or  employment  until  such  bond  has  been  duly  approved  and  filed. 

All  such  bonds  must  be  approved  by  the  Mayor,  who  shall  have 
the  custody  thereof. 

A  reasonable  charge  by  a  Surety  Company  for  qualifying  upon 
such  bond  shall,  when  approved  by  the  Mayor,  be  paid  by  the  City. 

141.  Receive   No   Commissions,  Profits,  Free   Tickets,    Etc. — No 

officer  or  employe  shall  receive  any  commission,  money  or  thing 
of  value,  or  derive  any  profit,  benefit  or  advantage,  direct  or  indirect, 
from  or  by  reason  of  any  dealings  with  or  services  for  the  City  by 
himself  or  by  others,  or  from  or  by  reason  of  any  alterations,  im- 
provements or  repairs  required  by  authority  of  the  City,  except 
his  lawful  compensation  as  such  officer  or  employe,  and  his  share  of 
the  public  benefit. 

No  officer  or  employe  shall  accept,  directly  or  indirectly,  from 
the  holder  of  any  public  utility  franchise  in  the  City,  any  frank, 
free  ticket,  free  service,  or  other  service  upon  terms  more  favorable 
than  those  granted  to  the  public  generally.     This  prohibition  shall 

37 


not  extend  to  transportation  of  liremen  and  policemen  in  uniform 
while  in  actual  discharge  of  their  duties. 

Violation  of  this  section  shall  be  a  misdemeanor  and  a  ground  for 
removal. 

142.  Religious   or   Political   Opinions  Not  Affect  Appointment. — 

No  appointment  to  position  under  the  City  government  shall  be 
made  or  be  withheld  by  reason  of  any  religious  or  political  opin- 
ions or  affiUations  or  political  services,  and  no  appointment  to  or 
selection  for  or  removal  from  any  office  or  employment,  and  no  trans- 
fer, promotion,  reduction,  reward  or  punishment  shall  be  in  any 
manner  affected  by  such  opinions,  affiliations  or  services. 

143.  Official  Books,  Records,  Etc. — (a)  All  books,  records  and 
papers  of  every  office,  department,  board  or  commission  are  City 
property  and  must  be  kept  as  such  by  the  proper  officers  or  employes 
during  their  continuance  in  office  and  then  delivered  to  their  suc- 
cessors, who  shall  give  duplicate  receipts  therefor,  one  of  which 
shall  be  filed  with  the  Clerk.  The  failure  to  deliver  such  books, 
records  and  papers  shall  be  a  misdemeanor. 

(b)  Certified  copies  or  extracts  from  the  books,  records  and  files 
shall  be  given  by  the  officer,  board,  commission  or  employe  having 
the  same  in  custody,  to  any  person  demanding  the  same  and  paying 
for  such  copies  or  extracts,  but  the  records  of  the  Police  Department 
shall  not  be  subject  to  inspection  or  copy  without  permission  of  the 
Mayor. 

(c)  All  equipments,  collections,  models,  materials,  instruments, 
tools  and  implements  which  are  collected,  maintained,  used  or  kept 
by  the  City  or  by  any  department,  board  or  commission,  shall  be  City 
property,  and  be  duly  turned  over  by  the  custodian  thereof  to  his 
successor,  or  duly  accounted  for. 

144.  Payment  of  Debts. — Failure  of  any  officer  or  employe  to 
promptly  pav  any  indebtedness  contracted  by  him  while  in  the 
service  of  the  City  shall  be  ground  for  his  removal. 

145.  Attend  to  Duties. — ^All  persons  holding  any  office  or  employ- 
ment under  the  City,  whether  elective  or  appointive,  shall  be  re- 
quired to  engage  in  the  actual  work  of  the  office  or  employment  so" 
held,  to  the  extent  that  their  services  may  be  necessary  for  the  full 
and  complete  discharge  of  the  duties  of  said  office  or  employment, 
and  a  failure  so  to  do  shall  be  ground  for  removal. 

CITY   ATTORNEY. 

146.  Duties. — ^The  City  Attorney  shall  conduct  all  cases  in  Court 
in  this  State  wherein  the  City  shall  be  party  plaintiff  or  defendant,  or 
a  party  in  interest.  He  shall  be  the  legal  adviser  of  the  Mayor, 
Council,  Commissions,  and  heads  of  departments,  in  relation  to  their 
duties,  and  shall  perform  such  other  duties,  not  inconsistent  here- 
with, as  may  be  required  of  him  by  ordinance.  He  shall  receive  such 
salary  as  the  Council  by  ordinance  shall  prescribe. 

'38 


147.  Assistants. — The  attorney,  with  the  consent  of  the  Council, 
may  employ  an  assistant,  who  shall  receive  such  salary  as  the  Council 
by  ordinance  shall  prescribe. 

The  Council  may  also,  at  any  time,  employ  other  counsel,  to 
take  charge  of  any  litigation  or  to  assist  the  attorney,  whose  com- 
pensation shall  be  fixed  by  the  Council  at  the  time  of  employment. 

ARTICLE  XVIII. 
CIVIL  SERVICE. 

148.  Commission. — ^There  is  hereby  established  a  Civil  Service 
Commission  consisting  of  three  members  who  shalPserve  without 
compefisation. 

The  Council  first  elected  after  the  adoption  of  this  Charter  shall, 
as  soon  as  practicable  thereafter,  appoint  one  member  of  said  Com- 
mission to  serve  for  two  years,  another  member  to  serve  for  four 
years  and  a  third  member  to  serve  for  six  years.  Biennially  there- 
after, one  member  shall  be  appointed  J:)y  the  Council  to  take  the 
place  of  the  member  whose  term  shall  next  expire,  so  that  one  mem- 
ber shall  be  appointed  every  two  years  to  serve  for  a  period  of  six 
years.  If  a  vacancy  shall  occur  in  the  Commission,  it  shall  be  filled 
Idv  appointment  by  the  Council  for  the  unexpired  term. 

149.  Commission  Make  Rules. — ^The  Commission  shall,  with  the 
approval  of  the  Council,  make  such  rules  and  regulations  for  the 
proper  conduct  of  its  business,  as  it  shall  find  necessary  or  expedient. 
The  Commission  shall,  among  other  things,  provide  for  the  classifica- 
tion of  all  employments  in  the  Department  of  Public  Safety  and  in 
the  Department  of  Public  Works  and  Property,  for  open,  competitive 
and  free  examinations  as  to  fitness;  for  an  eligible  list  from  which 
vacancies  shall  be  filled ;  for  a  period  of  probation  before  employment 
is  made  permanent;  and  for  promotion  on  the  basis  of  merit,  ex- 
perience and  record. 

150.  Council  Give  Further  Powers. — The  Council  whenever 
requested  by  the  Commission  may  by  ordinance  confer  upon  the  Com- 
mission such  other  or  further  rights,  duties  and  privileges  as  may  be 
necessary  adequately  to  enforce  and  carry  out  the  principfes  of  Civil 
Service. 

ARTICLE  XIX. 
GENERAL  PROVISIONS. 

151.  Present  Form  of  Government  Continue  Until. —  Except 
as  otherwise  in  this  Article  provided,  the  form  of  government  exist- 
ing in  the  City  of  Colorado  vSprings  at  the  time  of  the  adoption  of  this 
Charter  shall  continue  unaltered,  and  all  officers  and  other  persons  in 
the  service  of  the  City  at  the  time  this  Charter  takes  effect,  shall  con- 
tinue to  serve  as  such  and  to  receive  the  compensation  therefor  now 
provided  by  law  or  by  ordinance,  and  to  have  and  exercise  the  powers, 
authority  and  jurisdiction  theretofore  possessed  by  them  respect- 

.39 


ively,  until  the  elective  officers  first  elected  hereunder  shall  have 
qualified.  Upon  such  qualification  of  said  elective  oflicers  here- 
under, the  term  of  office  of  every  officer  or  other  person  in  the  service 
of  the  City  at  the  time  this  Charter  takes  effect  shall  immediately 
cease  and  determine.  Thereafter  all  of  said  officers  (except  the 
Mayor  and  aldermen)  and  all  of  said  other  persons  in  the  service  of 
the  City  at  the  time  this  Charter  takes  effect  shall  continue  to  draw 
compensation  at  the  same  rate,  and  to  exercise  like  powers,  authority 
and  jurisdiction  as  theretofore,  until  replaced,  or  until  the  Council 
shall  otherwise  provide. 

152.  Duty  of  Present  Officers  as  to  Elections. — It  shall  be  the 
duty  of  the  Mayor,  the  City  Council  and  the  City  Clerk  in  office  when 
this  Charter  takes  effect,  to  comply  with  all  requirements  of -Article 
XIII  of  this  Charter  relating  to  Elections,  to  the  end  that  all  things 
may  be  done  necessary  to  the  nomination  and  election  of  the  officers 
first  to  be  elected  under  this  Charter. 

153.  Present  Ordinances  Continue  in  Force. — ^All  laws,  ordinances, 
resolutions,  by-laws,  orders,  rules,  or  regulations  in  force  in  the  City  of 
Colorado  Springs  at  the  time  this  Charter  takes  effect,  and  not  incon- 
sistent with  the  provisions  of  this  Charter,  whether  enacted  by  the 
authority  of  the  City  or  by  any  other  authority,  shall  continue  in  full 
force  and  effect,  until  the  Council  otherwise  by  ordinance  provides, 
notwithstanding  any  change  of  organization  effected  by  this  Charter. 

154.  Penalty  for  Violation. — Any  person  who  shall  violate  any  of 
the  provisions  of  this  Charter  for  the  violation  of  which  no  punish- 
ment has  been  provided  herein,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof,  shall  be  punished  by  a  fine 
not  exceeding  one  hundred  dollars  ($ioo)  or  by  imprisonment  in  the 
City  jail  not  exceeding  three  (3)  months,  or  by  both  such  fine  and 
imprisonment. 

155.  Definition  of  Misdemeanor. — ^The  term  "misdemeanor"  as 
used  in  this  Charter,  shall  mean  a  violation  thereof,  or  of  any  ordin- 
ance, of  which  the  Police  Court  or  Magistrate  shall  have  jurisdiction, 
and  shall  not  have  the  meaning  attached  to  it  in  Chapter  XXXV 
entitled  "Crimes,"  Revised  Statutes  of  Colorado,   1908. 

156.  Continuing  Bonds,  Etc. — ^All  official  bonds,  recognizances, 
obligations,  contracts  and  all  other  instruments  entered  into  or  ex- 
ecuted by  or  to  the  City  before  this  Charter  takes  effect,  and  all  taxes, 
fines,  penalties  and  forfeitures  due  or  owing  to  the  City,  and  all  writs, 
prosecutions,  actions  and  causes  of  action,  except  as  herein  otherwise 
provided,  shall  continue  and  remain  unaffected  by  this  Charter. 

157.  Submission  of  Charter  Amendments. — Nothing  herein  con- 
tained shall  be  construed  as  preventing  the  submission  to  the  people 
of  more  than  one  Charter  amendment  or  measure  at  any  one  election. 

158.  Reservation  of  Power. — ^The  power  to  supersede  any  law  of 
this  State,  now  or  hereafter  in  force,  insofar  as  it  applies  to  local  or 
municipal  matters,  shall  be  reserved  to  the  City,  acting  by  ordinance. 

40 


Done  in  Convention,  at  the  Council  Chamber  in  the  City  Hall 
in  the  City  of  Colorado  Springs,  Colorado,  this  twentieth  day  of 
March,  in  the  year  of  our  Lord  one  thousand  nine  hundred  and  nine, 
and  of  the  Independence  of  the  United  States  of  America  the  one 
hundred  and  thirty-third. 

In  Witness  Whereof,  We  have  hereunto  subscribed  our  names. 

HARRY  H.  SKLDOMRIDGE, 

President. 
JAMES  J.  EUBANK, 

Vice-President. 
EDWARD  C.  SHARER, 

Secretary. 
WILLIAM  M.  BANNING, 
JACOB  BISHOFF, 
WILLARD  N.  BURGESS, 
FRANK  F.  CASTELLO, 
WILLIAM  J.  CHINN, 
THOS.  J.  FISHER, 
JOSEPH  B.  FOWLER, 
M.  C.  GILE, 
OLIVER  P.  GRIMES. 
HENRA^  C.  HALL, 
JOHN  M.  HARNAN, 
HENRY  W.  HOAGLAND, 
P.  M.  KISTLER, 
HORACE  G.  LUNT, 
THOMAS  F.  McCAFFERY, 
MYER  S.  RAFIELD, 
WILLIAM  H.  SPURGEON, 
EDGAR  J.  ULLRICH. 


41 


z^^^C^v  /^y?.fA 


^  ^i/         y 


Charter 


OF  THE 


City  of  Dallas 


1907 


SECRETARYS  OFFICE 

)TTY  OF   DALLAS 

J.  B.WINSLETT 

CITY  SECRETARY 


CHARTER  OF 

THE   CITY   OF   DALLAS 

1907 

8.  B.  Xo.  316. 

An   Act    to   grdiit   a    ncir   cliarlcr    to    the   Vitij   of   DaJla.'^,   Dallas   Count ij. 

Texas;  repealiuy   all    hues   or  parts   of   laics    in  conflict   herewith,   and 

declaring  an  emergency. 
Be  it  enacted  by  the  Legislature  of  the  State  of  Texas: 

ARTICLE   I. 

INCORPORATION     AND     TERRITORY. 

Section  1.  Corporate  Xainc.  All  inhabitants  of  the  City  of  Dallas, 
Dallas  County,  Texas,  as  the  boundaries  and  limits  of  said  city  are 
herein  established  or  may  be  hereafter  established,  shall  be  a  body 
politic,  incorporated  under,  and  to  be  known  by,  the  name  and  style  of 
the  "City  of  Dallas,"  Avith  such  powers,  rights  and  duties  as  herein  pro- 
vided. 

Sec.  2.  Boundaries.  Tlie  boiuuls  and  limits  of  the  Citj'  of  Dallas  are 
hereby  established  and  described  as  follows:  Beginning  at  the  south 
coiner  of  the  A.  C.  McDaniel  survey  in  Dallas  County,  Texas,  at  low 
\\ater  mark  of  the  Trinity  River,  on  the  east  bank  thereof;  thence  north- 
east with  the  southeast  line  of  said  ]\lcDaniel  survey  to  the  west  line  of 
Edgar  Stieet;  thence  northwest  with  the  S.  W.  line  of  Edgar  Street. 
20  feet,  corner  thereon  at  a  point  which  would  be  the  intersection  of  the 
northwest  line  of  Romine  Avenue  if  extended  across  Edgar  Street;  thence 
northeast  with  said  northwest  line  of  Romine  Avenue  to  a  point  thereon 
132  1-2  feet  southwest  from  the  southwest  line  of  Colonial  Avenue; 
thence  southeast  parallel  to  said  line  of  Colonial' Avenue  to  corner  on 
the  nnitliwest  line  of  Hickman  Avenue;  thence  southwest  with  said 
line  of  Hickman  Avenue  79  1-2  feet  to  corner  thereon;  thence  Southeast 
180  feet;  thence  northeast  parallel  to  said  line  of  Romine  Avenue  242 
feet  to  a  point  which  would  be  the  center  of  said  Ctdonial  Avenue  if 
extended  southeast  from  Hickman  Avenue;  thence  northwest  with  said 
center  line  of  said  Colonial  Avenue  if  extended  140  feet  to  the  said  south- 
east line  of  said  Hickman  Avenue;  thence  northeast  with  said  line  of 
Hickman  Avenue  30  feet  to  corner  thereon,  at  a  point  where  the  north- 
east line  of  Colonial  Avenue  would  intersect  if  extended  across  Hick- 
man Avenue;  thence  northwest  with  said  line  of  Colonial  Avenue,  ex- 
tended and  with  said  line  of  Colonial  Avenue  to  corner  on  the  said 
southeast  line  of  said  ^McDaniel  survey;  thence  nortlieast  with  said  line 
of  said  McDaniel  survey  to  corner  on  the  northeast  line  of  the  right 
of  way  of  the  Houston  &  Texas  Central  Railroad;  thence  north  36  west 
with  said  line  of  said  right  of  way  to  the  northwest  line  of  Lenway 
(Holman)  Avenue;  thence  northeast,  with  said  line  of  Lenway  (Holman) 
Avenue    to   the   southwest   line   of   South   Camp   Street;    thence    northwest 


2 

with  said  line  of  South  Camp  Street  to  the  southwest  line  of  ^Varren 
Avenue;  thence  northeast  with  said  line  of  Warren  Avenue  to  the  north- 
west line  of  the  Winchester  Place  addition,  the  east  end  of  said  Warren 
Avenue,  and  continue  on  same  course  to  the  northeast  line  of  Trunk 
Avenue,  the  same  being  the  southwest  line  of  block  1387;  thence  south- 
east with  said  line  of  Trunk  Avenue  to  the  southeast  line  of  Dallas 
Avenue;  thence  northeast  with  said  line  of  Dallas  Avenue  to  the  south- 
west line  of  Second  Street;  thence  northwest  with  said  line  of  Second 
Street  to  the  northwest  line  of  Julius  Street;  thence  northeast  with  said 
line  of  Julius  Street  to  the  northest  line  of  First  Street,  the  same  being  on 
the  southwest  line  of  block  No.  1436;  thence  southeast  with  said  line 
of  First  Street  to  the  south  corner  of  said  block  No.  1436;  thence  north- 
east with  the  southeast  line  of  said  block  No.  1436  and  a  continuation 
thereof  to  the  east  corner  of  block  No.  1436  on  the  southwest  line  of 
block  No.  1435;  thence  southeast  with  said  line  of  said  block  No.  1435, 
about  90  feet  to  the  south  corner  of  same;  thence  northeast  with  the 
southeast  line  of  said  block  No.  1435,  and  a  continuation  thereof  to  the 
north  line  of  the  Texas  &  Pacific  Railroad  right  of  way;  thence  east- 
wardly  along  said  right  of  way  about  863  feet  to  the  northwest  line  of 
Du  Pree  Street  to  the  southeast  corner  of  block  No.  1448;  thence  north- 
westwardly along  said  line  of  Du  Pree  Street  and  along  the  east  line 
of  block  1448,  and  the  east  line  of  block  No.  1447  and  a  continuation 
thereof  to  the  nortli  line  of  Forney  Avenue  (and  known  as  the  Kaufman 
Road)  the  same  b^ing  the  south  line  of  Rowan's  Addition;  thence  east- 
wardly  along  said  line  of  said  Avenue  to  the  southeast  corner  of  said 
Rowan's  Addition;  thence  northwest  along  the  northeast  line  of  said 
Rowan's  Addition,  and  a  continuation  thereof  to  the  northwest  line  of 
Orphan  Avenue,  the  same  being  on  the  southeast  line  of  R.  D.  Cald- 
well's Addition;  thence  northeast  along  said  line  of  Orphan  Avenue  and 
said  line  of  said  Caldwell's  addition,  to  the  east  corner  thereof,  on  the 
southwest  line  of  Henderson  Avenue;  thence  northwest  along  said  line 
of  Henderson  Avenue  and  along  the  northeast  line  of  said  Caldwell's 
Addition  and  a  continuation  thereof  to  the  corner  of  the  northwest  line 
of  the  right  of  way  of  the  Gulf,  Colorado  &  Santa  Fe  Railroad;  thence 
northeast  along  said  line  of  said  right  of  way  to  the  southwest  line  of 
Beacon  Street;  thence  northwest  with  said  line  of  Beacon  Street  to  the 
southeast  line  of  Columbia  Avenue;  thence  northeast  with  line  of  Co- 
lumbia Avenue  to  a  corner  thereon  118  feet  northeast  of  the  northeast 
line  of  Fulton  Street;  thence  northwest  parallel  to  Henderson  Avenue  to 
corner  on  the  northwest  line  of  Reiger  Avenue  as  platted  in  Junius 
Heights  Addition;  thence  southwesterly  with  said  line  of  Reiger  Avenue 
and  said  line  extended  to  the  northeast  line  of  Augusta  Street;  thence 
northwest  with  said  line  of  Augusta  Street  if  extended  to  the  south 
line  of  Gaston  Avenue  as  extended  in  Munger  Place  Addition;  thence 
southwest  with  the  south  line  of  Gaston  Avenue  to  the  south  line  of 
jNIunger  Boulevard;  thence  northwest  along  said  south  line  of  Munger 
Boulevard  to  the  west  angle  of  the  intersection  of  Bryan  Street  and 
Greenville  Avenue;  thence  north  with  said  west  line  of  Greenville  Ave- 
nue to  a  point  thereon  west  from  the  southwest  corner  of  the  Alta  Vista 
Addition;  thence  east  crossing  Greenville  Avenue  and  continuing  same 
course  along  the  south  line  of  said  Alta  Vista  Addition  to  the  southeast 
corner   of    same;    thence    north    along   the    east   line   of    said   Alta   Vista 


— 3— 

Addition  to  the  iioitheast  corner  thereof;  thence  west  along  the  north 
line  of  said  addition  to  west  line  of  Hubert  Street;  thence  north  along 
tlie  west  line  of  Hubert  Street  to  the  south  line  of  Lewis  Street;  thence 
west  along  south  line  of  Lewis  street,  and  continuing  along  the  south 
line  of  Taylor  Street  to  Bowles  Avenue  (now  Henderson  Avenue);  thence 
northwest  with  said  line  of  Bowles  Avenue  (now  Henderson  Avenue) 
to  the  southwest  line  of  street  known  as  Juliette  (or  Monarch)  Street; 
thence  southwest  with  said  line  of  Juliette  Street  to  the  northeast  line 
of  Woodland  Avenue;  thence  northwest  with  said  line  of  Woodland  Ave- 
nue to  a  point  about  27  feet  north,  20  feet  east  from  the  north  corner  of 
Fake's  Park  Place  Adition;  thence  southweswardly  to  said  corner  of  said 
Fake's  Park  Place  Addition,  and  continuing  same  course  along  the  north- 
west line  of  said  Fake's  Addition,  and  along  the  northw^est  line  of  Alex- 
ander's Park  Addition  to  the  west  corner  thereof  on  the  northeast  line 
of  Carroll  Avenue;  thence  Northwest  w-ith  said  line  of  Carroll  Avenue 
if  extended  to  a  point  thereon  where  'the  said  line  of  Carroll  Avenue 
so  extended  would  intersect  the  southeast  line  of  Weldon  Street  if  ex- 
tended; thence  southwesterly  along  the  said  sovith  line  of  Weldon  Street, 
if  so  extended  to  the  northeast  line  of  Haskell  Avenue;  thence  northwest 
with  said  northeast  line  of  Haskell  Avenue  and  a  continuation  thereof 
to  the  southeast  line  of  Cole  Avenue;  thence  northeast  and  northeasterly 
Avith  said  line  of  Cole  Avenue  to  a  point  thereon  GO  feet  at  right  angles 
across  said  Cole  Avenue  from  the  east  corner  of  a  58  1-2  by  185  foot 
lot  in  name  of  0.  E.  Bateman  in  block  Xo.  987;  thence  northwesterly  at 
right  angles  across  said  Cole  Avenue  to  said  east  corner  of  said  Bate- 
man's  lot  and  continuing  same  course  along  the  northeast  line  of  said 
58  1-2  by  185  foot  lot  to  the  north  corner  of  same  on  the  southeast  line 
cf  an  alley  in  said  block  No.  987.  Thence  southwesterly  along  said  line 
of  said  alley  58  1-2  feet  to  the  west  corner  of  said  Bateman  lot;  thence 
northwesterly  at  right  angles  to  said  alley  to  the  southeast  line  of 
Travis  Avenue;  thence  southwesterly  and  southwest  with  said  li.ie  of 
said  Travis  Avenue  to  a  point  thereon  which  would  be  at  the  intersec- 
tion of  the  southwest  line  of  Quick  Street,  if  extended  southeast  across 
Travis  Avenue;  thence  northwest  with  said  southwest  line  of  Quick 
Street,  extended  and  with  said  southwest  line  of  Quick  Street  to  the 
center  of  Turtle  Creek;  thence  in  a  northerly  direction  up  Tin-tle  Creek 
with  its  meanders  to  corner  therein  the  northeast  corner  of  lot  No.  3 
of  Cole's  subdivision  of  199  acres  of  the  William  Grigsby  survey;  thence 
west  along  the  lines  between  lots  3  and  4  of  said  subdivision  and  a  con- 
tinuation thereof  to  the  northeast  line  of  Bowser  and  Lemon's  Oak  Lawn 
Addition  on  the  southwest  line  of  said  Quick  Street;  thence  southeast 
with  said  line  of  Quick  Street  to  the  northwest  line  of  Argyle  Avenue; 
thence  southwest  along  the  northwest  line  of  Argyle  Avenue  to  the  north- 
east line  of  Lemon  Avenue;  thence  northwest  with  said  line  of  Lemon 
Avenue  to  the  northwest  line  of  Douglas  Street;  thence  southw^est  with 
said  line  of  Douglas  Street  and  a  continuation  thereof  to  the  southwest 
line  of  Cedar  Springs  Avenue;  thence  southeast  with  said  line  of  Cedar 
Springs  Avenue  to  the  noi-thwest  line  of  Pendleton  Avenue  (formerly 
Douglas  Street)  ;  thence  southwest  with  said  line  of  Pendleton  Avenue 
(formerly  Douglas  Street)  and  a  continuation  thereof  to  the  southwest 
line  of  Routh  Street;  thence  southeast  with  said  line  of  Routh 
Street  to  the  northwest  line  of   Throckmorton   Street;    thence   southwest 


witli  .said  line  of  rinm-kuKirlon  Street  to  the  southwest  Hue  of  Maple 
Avenue^  thence  southeast  with  said  line  of  ]MapIe  Avenue  to  the  north 
corner  of  the  City's  Parkhmd  Hospital  tract  of  land;  thence  southwest 
with  the  northwest  line  of  said  hospital  tract  of  land  and  a  continuation 
thereof  to  the  southwest  line  of  the  J.  A.  Sylvester  survey;  thence  south- 
east along  the  southwest  line  of  said  Sylvester  survey  to  low  water  mark 
on  the  southeast  bank  of  the  Trinity  River;  thence  down  said  river 
with  the  meanders  of  low  water  mark  on  the  east  bank  of  same  to  the 
south  line  of  Commerce  Street;  thence  westwardly  crossing  said  river 
and  continuing  same  course  along  the  south  line  of  the  Fort  Worth  Pike 
to  the  east  line  of  Beckley  Aveiuie;  thence  south  with  and  along  the 
east  line  of  JJeckley  Avenue  to  a  point  thereon  180  feet  north  from  the 
nortli  line  of  Okenwakl  Street;  thence  west ,  985  feet  to  a  corner,  the 
same  being  an  original  corner  of  the  City  of  Oak  Clitf;  thence  south 
with  a  west  line  of  sai<l  Oak  Cliff  boundary  to  the  intersection  of  same 
with  the  east  line  of  Haynes  Avenue;  thence  southwesterly  with  said 
line  of  llaynes  A\enue  to  the  north  line  of  Fifth  Street;  thence  west 
along  said  line  of  Fifth  Street  to  the  west  line  of  Cedar  Hill  Avenue; 
thence  nortli  along  the  said  line  of  Cedar  Hill  Avenue  470  feet  to  corner 
thereon;  thence  west  300  feet;  tlience  south  and  southwesterly  parallel 
to  and  300  feet  from  the  west  line  of  said  Cedar  Hill  Avenue  to  the 
north  line  of  Davis  Street  (also  known  as  Arthur  Avenue);  thence  west 
with  said  line  of  Davis  Street  to  a  point  thereon  north  from  the  north- 
west corner  of  the  IMidway  Addition;  thence  south  crossing  said  Davis 
Street  along  the  west  line  of  the  said  Midway  Addition  to  a  southwest 
corner  tliereof;  thence  east  along  a  northern  south  line  of  said  addition, 
and  a  cuntinuatiun  thereof  to  the  east  line  of  Edgefield  Avenue;  thence 
south  along  said  line  of  Edgefidd  Avenue  to  the  Sotithwest  corner  of 
block  2o3-3ol2,  the  same  being  the  southern  southwest  corner  of  the 
Midway  Addition;  thence  east  to  the  southeast  corner  of  block  No. 
140-3190;  thence  north  with  the  west  line  of  Llewellyn  Street  about  50 
feet  to  a  point  thei-eon  at  which  the  south  line  of  the  Catholic  Orphan 
Home  grounds  would  intersect  if  extended  west;  thence  east  across  said 
Llewellyn  Street  and  along  the  south  line  of  said  Catholic  Orphan  Home 
grounds  to  the  southeast  corner  thereof;  thence  nortli  about  30  feet 
to  a  point  on  the  west  line  of  Adams  Avenue,  at  which  the  said  line 
of  block  72-3193  would  intersect  if  extended  west;  thence  east  across 
Adams  Avenue  to  the  southwest  corner  of  said,  block,  and  continuing 
same  course  along  the  south  line  of  the  Dallas  Land  and  Loan  Com- 
pany's second  addition,  and  a  continuation  thereof  to  the  east  line  of 
Beckley  Avenue;  thence  south  along  said  line  of  Beckley  Avenue  to  the 
south  line  of  the  W.  H.  Hord  survey;  thence  east  ah)ng  the  south  line 
of  said  Hord  survey  to  the  east  line  of  Ewing  Avenue:  tlienee  south  with 
said  line  of  Ewing  Avenue  439  feet;  thence  east  3!)7  feet  to  the  west 
line  of  a  street:  thence  north  439  feet  to  the  said  south  line  of  said 
Hord  survey;  tlience  east  with  said  line  of  said  survey  to  the  southeast 
corner  of  same;  thence  noith  with  the  east  line  of  said  Hord's  survey 
to  the  center  of  the  channel  of  Cedar  Creek;  thence  northeasterly  down 
said  creek  with  the  nieandeis  of  same  to  corner  therein  on  the  west 
line  of  the  Caston  road;  thence  nortli  with  said  line  of  said  Gaston  road 
to  the  southwest  line  of  the  Hutchins  road;  thence  northwesterly  witli 
said   line   of   said   Hutchins   road    and    a    continuation   thereof   to   the   west 


line  of  Milki  Avenue;  tlience  nortli  with  suid  line  (if  INliller  Avenue  to 
tlie  north  line  of  (First  Street)  Brazos  Street;  thence  east  aV)out  'M) 
feet  to  the  west  line  of  W.  S.  Beaty  survey;  thence  nortli  with  the 
said  line  of  said  Beaty  survey  and  a  continuation  thereof  to  the  low 
water  mark  on  the  east  bank  of  said  Trinity  River;  thence  southeast- 
erly down  said  river  with  the  meanders  of  said  low  water  mark  to  the 
place  of  beginning. 

Sec.  3.  Platiing  of  I'roiHrty.  Should  any  property  lying  within  the 
city  limits  as  established  by  this  act  be  hereafter  platted  into  blocks 
and  lots,  then  and  in  that  event  the  owners  of  said  property  "shall  plat 
and  lay  the  same  off  to  conform  to  the  streets  and  lots  abutting  on 
same,  and  shall  file  with  the  city  engineer  a  correct  map  of  same;  pro 
vided,  that  in  no  ease  shall  the  City  of  Dallas  be  required  to  pay  for 
any  of  said  streets  at  whatever  date  opened,  but  when  opened  by  rea- 
son of  the  platting  of  said  property  at  whatever  date  platted,  they 
shall  become  by  such  act  the  property  of  the  City  of  Dallas  for  use  as 
public  highways,  and  may  ,be  cared  for  as  such. 

Sec.  4.  Additional  Territory.  Any  territory  adjoining  the  present  or 
future  boundaries  of  said  city  may  from  time  to  time,  in  any  size  or 
shape  desired,  be  admitted  and  become  a  part  thereof  on  application  made 
or  written  consent  given  to  the  city  council  by  the  owner  or  owners 
of  the  land.  or.  as  the  case  may  be,  by  a  majority  of  the  legal  voters 
resident  on  the  land  sought  to  be  added.  In  all  such  cases  the  terri- 
tory so  added  shall  be  described  by  metes  and  bounds,  in  an  ordinance 
accepting,  assenting  and  adding  the  same  to  the  municipal  corporation; 
and  thereafter  the  inhabitants  of  said  added  territory  shall  in  all  re- 
spects be  on  an  equal  footing  with  the  inhabitants  of  the  original  mu- 
nicipal territoi'v. 

ARTICLE   11. 

POWERS    OF    THE    CITY. 

Section  1.  General  Poirers.  1.  The  City  of  Dallas  made  a  body  po- 
litic and  corporate  by  this  act  shall  have  jjerpetual  succession,  may  use 
a  common  seal,  may  sue  and  be  sued,  may  contract  and  be  contracted  - 
with,  implead  and  be  impleaded  in  all  courts  and  places,  and  in  all  mat- 
ters whatever,  may  take,  hold  and  purchase  lands  as  may  be  needed  for 
the  corporate  purposes  of  said  city,  and  may  sell  any  real  estate  or  per- 
sonal property  owned  by  it;  perform  and  render  all  public  services,  and, 
when  deemed  expedient,  may  condemn  property  for  public  use,  within 
or  without  the  citj^;  and  may  hold,  manage  and  control  the  same;  such 
condemnation  proceedings  to  be  governed  and  controlled  by  the  law  now 
in  force  in  reference  to  the  condemnation  of  the  right  of  way  of  railroad 
companies  and  the  assessment  of  damages  therefor,  and  shall  be  subject 
to  all  the  duties  and  obligations  now  pertaining  to  or  incumbent  upon  said 
city,  as  a  corporation,  not  in  conflict  with  the  provisions  of  this  act,  and 
shall  enjoy  all  the  rights,  immunities,  powers,  privileges  and  franchises 
now  possessed  and  enjoyed  by  said  city  and  herein  granted  and  conferred. 

2.  The  City  of  Dallas  shall  have  power  to  enact  and  to  enforce  ordi- 
nances necessary  to  protect  health,  life  and  property  and  to  prevent  and 
summarily  abate  and  remove  nuisances,  and  to  preserve  and  enforce  the 
good  government,  order  and  security  of  the  city  and  its  inhabitants;  to 
protect  the  lives,  health  and  property  of  the  inhabitants  of  said  city, 
and  to  enact  and  enforce  any  and  all  ordinances   upon  any  subject;    ])ro- 


—6— 

vided,  that  no  ordinance  shall  be  enacted  inconsistent  either  with  the 
laws  of  the  8tate  of  Texas,  or  inconsistent  with  the  provisions  of  this 
act;  and  provided  fnther,  that  the  specification  of  particular  powers  herein 
authorized  shall  never  be  construed  as  a  limitation  upon  the  general  pow- 
ers herein  granted,  it  being  intended  by  this  act  to  grant  to  and  bestow 
upon  the  inhabitants  of  the  City  of  Dallas  full  power  of  self-govern- 
ment, and  it  shall  have  and  exercise  all  powers  of  municipal  government 
not  prohibited  to  it  by  this  charter,  or  by  some  general  law  of  the'  State 
of  Texas,  or  by  the  provisions  of  the  Constitution  of  the  State  of  Texas. 

3.  All  real  estate  owned  in  fee  simple  title,  or  held  by  lease,  sufferance 
easement  or  otherwise;  all  public  buildings,  market  houses^  school  buildings, 
school  houses,  fire  engine  stations,  public  squares,  pai'ks,  streets,  alleys  and 
all  property  of  whatever  kind,  character  and  description  which  has  been 
granted,  donated,  purchased^,  or  otherwise  acquired  by  the  City  of  Dallas 
through  any  means  or  agency,  and  all  causes  of  action,  choses  in  action, 
rights  or  privileges  of  every  kind  and  character,  and  all  property  of 
whatsoever  character  or  description  which  may  have  been  held,  and  is 
now  held,  controlled  or  used  by  said  City  of  Dallas  for  public  uses  or 
in  trust  for  the  public  shall  vest  in,  and  remain  in  and  inure  to,  the 
said  corporation,  the  City  of  Dallas,  under  this  act;  and  all  suits  and 
pending  actions  to  which  the  City  of  Dallas  heretofore  was,  or  now  is  a 
party,  plaintiff  or  defendant,  shall  in  no  wise  be  affected  or  terminated 
by  the  provisions  of  this  act,  but  shall  continue  unabated. 

Sec.  2.  Revenue.  1.  The  City  of  Dallas  shall  have  power,  and  is 
hereby  authorized  annually  to  levy  and  collect  taxes  not  exceeding  one 
and  one-half  per  centum  of  the  assessed  value  of  all  real  and  personal 
property  in  the  city  not  exempt  from  taxation  by  the  Constitution  and 
laws  of  the  State.  Provided,  that  the  city  shall  have  the  power  to  levy 
and  collect  an  additional  tax  of  one  per  cent,  or  any  fraction  thereof, 
on  the  assessed  value  of  all  taxable  property,  real  and  personal,  in  said 
city,  not  exempt  as  aforesaid,  if  a  majority  of  those  auti.orized  to  vote 
on  the  assumption  of  debt  by  Section  3,  Article  VI,  of  the  State  Con- 
stitution, shall  have  first  voted  in  favor  of  such  levy  at  an  election  duly 
ordered  for  such  purpose,  the  whole  number  of  votes  to  be  determined 
by  the  number  voting  upon  such  subject  at  such  election. 

2.  In  accordance  with  Section  10,  Article  XI,  of  the  State  Constitution 
the  City  of  Dallas  may  levy  a  special  tax  for  one  or  more  years  for  the 
purchase  of  ground,  erection  of  buildings,  and  the  support  and  mainte- 
nance of  a  seminary,  academy,  or  high  school,  in  connection  with  the 
public  schools  of  the  city,  and  may  also  levy  a  special  tax  in  accordance  with 
the  State  law,  for  the  purpose  of  erecting  additional  public  school  houses 
or  repairing  those  already  built,  or  for  the  purchase  of  grounds  there- 
for. The  funds  so  raised  shall  be  appropriated  exclusively  for  the  pur- 
pose named,  and  shall  not  be  diverted  therefrom.  The  aggregate  tax 
levied  for  either  or  all  of  said  purposes  in  any  one  year,  shall  never 
exceed  one-fourth  of  one  per  cent,  ad  valorem,  on  the  taxable  value  of 
all  property  in  city.  No  such  tax  shall  be  levied  until  the  question  shall 
have  been  submitted  to  a  vote  of  the  taxpayers,  at  an  election,  by  those 
entitled  to  vote  thereon  under  the  Constitution  of  the  State.  Such  elec- 
tion shall  be  ordered  by  resolution  of  the  Board  of  Commissioners,  as 
in  other  elections. 

3.  The   City   of   Dallas   shall   have   power   to   levy   and    annually   collect 


—7— 

taxes,  known  as  occupation  taxes  (except  in  cases  where  the  laws  of 
the  State  now  in  force  prohibit  the  levy  of  occupation  taxes  by  cities 
and  counties),  upon  professions,  callings  and  other  business  carried  on, 
and  upon  carriages,  hacks,  coaches,  buggies,  drays,  carts,  wagons  and 
all  other  vehicles  used  in  the  city  for  public  use.  Each  and  every  per- 
son or  firm,  except  where  the  levy  of  such  occupation  tax  is  prohibited 
by  the  general  laws  of  the  State,  or  upon  which  the  State  levies  no  occu- 
pation tax,  engaged  in  the  following  professions,  callings,  and  business, 
among  others,  shall  be  liable  to  pay  such  tax;  but  this  enumeration  shall 
not  be  considered  as  depriving  the  city  of  the  right  and  power  to  levy 
and  collect  other  occupation  taxes  under  the  general  authority  herein 
granted  from  other  persons  upon  whom  an  occupation  tax  is  levied  by 
the  general  laws  of  the  State.  Every  person  or  firm  engaged  in  selling 
goods,  wares  and  merchandise,  liquors  in  quantities  less  than  a  quart, 
or  in  keeping  any  grog  shop,  tippling  house,  bar-room,  drinking  saloon, 
or  any  place  where  spirituous,  vinous  or  malt  liquors,  wine  or  beer,  are 
sold  in  quantities  less  than  a  quart;  every  person  or  firm  keeping  a  bil- 
liard table,  ball  alley,  nine  or  ten  pin  alley,  or  any  similar  game,  or 
keeping  a  tavern,  hotel  or  boarding  house,  restaurant,  lunch  stand,  or 
place  of  any  kind  where  refreshments  are  sold;  every  person  or  firm 
keeping  a  livery  stable,  sales  stable,  feed  stable,  or  wagon  yard;  every  per- 
son or  firm  selling  goods,  wares,  or  merchandise  at  public  auction  or  pursu- 
ing the  occupation  of  real  estate  agent,  merchandise  or  cotton  broker,  com- 
mission merchant  or  broker  of  any  kind,  or  hawker  or  peddler  of  any  goods 
whatever;  every  person  or  firm  keeping  a  storage  or  warehouse,  or  in- 
telligence office,  or  brewery  or  beer  shop,  distillery  or  fruit  stand,  or  en- 
gaged in  compressing  cotton;  every  insurance  agent,  and  every  insiu'ance 
company  shall  pay  said  tax,  and  every  agent  representing  any  such  company 
who  has  failed  to  pay  said  tax,  shall  be  subject  to  a  fine;  every  tele- 
graph, telephone,  electric  light,  gas  or  other  such  company;  every  person 
or  firm  keeping  a  lumber,  wood  or  coal  yard,  or  any  place  for  the  sale 
of  such  articles,  or  building  material  of  any  kind;  and  all  other  persons 
or  firms  engaged  in  any  profession,  occupation,  business,  avocation  or 
calling,  subject  to  occupation  tax  by  law  of  the  State,  shall  pay  on  each ; 
and  no  license  tax  shall  extend  to  more  than  one  establishment  or  in- 
clude more  than  one  avocation,  occupation,  business  or  calling.  The  power 
herein  granted  to  levy  and  collect  occupation  taxes  shall  not  be  deemed 
to  prohibit  the  imposing  and  collection  of  license  fees  on  any  business, 
calling  or  occupation  upon  which  the  city  is  authorized  to  impose  a 
license  by  any  provision  of  this  charter. 

•  4.  The  City  of  Dallas  shall  have  power  to  assess  the  property  and 
shares  of  corporations,  companies,  banks  and  such  other  institutions  as 
the  same  are  now  or  may  be  assessed  by  the  State  law  in  such  cases 
made  and  provided,  which  shall  be  cumulative  of  all  provisions  of  this 
act,  and  shall  have  full  power  to  enforce  the  collection  of  such  taxes 
in  such  manner  as  may  be  provided  for  herein  and  as  by  said  Commis- 
sion may  be  deemed  necessary. 

5.  The  City  of  Dallas  shall  have  the  right  and  power  to  borrow  money 
on  the  credit  of  the  city  for  permanent  public  improvements,  and  to  is- 
sue bonds  of  the  city  therefor,  to  bear  interest  not  to  exceed  6  per  cent 
per  annum,  payable  semi-annually,  at  such  places  as  may  be  designated; 
provided,  that  the  total  indebtedness  of  the  city  of  every  kind  and  char- 


actei-  whatsoevi'i',  shall  ne\er  exceed  the  sum  of  five  millions  of  dollars 
($5,000,000)  and  any  issue  of  bonds  which  would,  when  added  to  the 
indebtedness  of  the  city  existing  at  the  time  increase  the  total  indebted- 
ness of  the  city  beyond  said  amount  of  $o,000,000  shall  be  wholly  void 
as  to  such  excess. 

Any  proposition  to  issue  new  or  additional  bonds,  as  authorized  herein, 
as  well  as  the  amounts  of  such  issuance  and  the  purposes  of  the  same, 
shall  be  first  submitted  to  a  vote  of  the  (lualified  voters  of  the  city,  who 
are  property  taxpayers  in  said  city,  at  an  election  to  be  held  for  that 
purpose.  The  time,  place  and  manner  of  said  election  and  the  making 
of  the  returns  and  declaring  the  results  thereof  shall  be  prescribed  by  ordi- 
nance as  nearly  in  accord  with  the  laws  regulating  city  elections  as  may 
be  practicable,  and  unless  a  majority  of  the  qualified  taxpaj-ers  voting 
thereon  in  such  election  are  in  favor  of  the  issuance  of  such  bonds,  the 
same  shall  not  be  issued,  provided,  that  the  purpose  of  the  issuance  of 
bonds,  as  submitted  at  such  an  election,  may  include  more  than  one'  ob- 
ject. After  an  issue  of  bonds  hase  been  ordered  the  Commission,  how- 
ever, shall  have  power  to  issue  serial  bonds,  or  otherwise,  as  in  their 
opinion  may  seem  best.  All  bonds  shall  specify  on  their  face  for  what 
purpose  they  are  issued,  and  shall  not  be  invalid  if  sold  for  less  than 
their  par  value,  and  when  any  bonds  are  issued  by  the  city,  a  fund  shall 
l)e  provided  to  pay  the  interest  and  create  a  sinking  fund  sufficient  to 
])ay  the  bonds  at  maturity;  and  said  sinking  fund  shall  be  invested  in 
bonds  of  the  State  of  Texas,  or  in  bonds  issued  by  the  counties  in  the  State 
of  Texas,  or  in  bonds  of  the  United  States,  or  in  bonds  of  the  City  of 
Dallas,  which  are  not  yet  due;  provided,  that  in  the  event  it  shall  be 
deemed  expedient  to  issue  serial  bonds  payable  in  equal  annual  install- 
ments, it  shall  be  suflficient  to  provide  for  the  payment  of  interest  thereon 
and  the  annual  installments  as  they  mature. 

6.  Any  oflficer  of  the  city  who  shall  wilfully  or  knowingly  divert,  or 
use  any  sinking  fund  for  any  other  purpose  except  that  for  which  the 
fund  is  created,  or  is  herein  expressly  authorized,  shall  be  deemed  guilty 
of  a  felonj'  and  subject  to  prosecution,  as  provided  under  the  general 
laws  of  the  State  for  the  diversion  and  conversion  of  funds  belonging  to 
any  of  the  municipalities  of  said  State. 

7.  All  bonds  shall  be  signed  by  the  Mayor,  countersigned  by  the 
Auditor,  and  sealed  with  the  seal  of  the  city,  and  shall  be  payable  at 
such  times  as  may  be  fixed  not  more  than  forty  years  from  their  date. 

8.  It  shall  be  the  duty  of  the  INIayoi-  when  such  bonds  are  issued, 
to  forward  the  same  to  the  Comptroller  of  the  State,  whose  duty  it  shall 
be  to  submit  the  same,  together  with  all  information  he  may  have  re- 
lating thereto,  to  the  Attorney  General,  and  if  the  Attorney  General 
shall  find  that  such  bonds  have  been  issued  in  accordance  with  law,  he 
shall  endorse  his  approval  thereon  and  return  the  same  to  the  Comp- 
troller who  shall  register  such  bonds  in  a  book  kept  for  that  purpose, 
and  endorse  on  each  bond  so  registered  his  certificate  of  registration, 
and  at  the  Mayor's  request  certify  the  amount  of  bonds  so  registered 
in  his  office  up  to  date. 

9.  It  shall  be  the  duty  of  the  Mayor  at  the  time  of  forwarding  said 
bonds  for  registration,  to  furnish  the  Comptroller  with  a  statement  of 
the  amount  of  all  taxable  property,  real  and  personal,  in  the  city;  also 
with  a  statement  of  the  amoimt  of  tax  levied  for  the  payment  of  inter- 


— 9— 

fst  and  to  create  a  sinking  fund.  It  is  lieieby  made  the  duty  of  the 
Comptroller  to  see  that  a  tax  is  levied  and  collected  by  the  city  suffi- 
cient to  pay  the  interest  semi-annually  on  all  bonds  and  create  a  sink- 
ing fund  sufficient  to  pay  said  bonds  at  maturity,  and  see  that  said  sink- 
ing fund  is  annually  invested  in  good  interest-bearing  securities  or  ap- 
plied to  the  redemption  of  the  bonds  for  which  it  was  set  aside. 

Sec.  3.  Police  Poivcrs.  The  City  of  Dallas  shall  have  power,  by  or- 
dinance duly  passed: 

To  establish  and  maintain  a  City  Police  Department,  prescribe  the 
duties  of  policemen,  and  regulate  their  conduct. 

2.  To  permit,  forbid  or  regulate  theaters,  balls,  dance  houses  and  other 
public  amusements,  and  to  suppress  the  same  whenever  the  preservation 
of  order,  tranquility,  public  safety  or  good  morals  may  demand. 

3.  To  regulate  dram  shops,  drinking  saloons  and  other  places  where 
intoxicating  liquors  are  sold,  to  cancel  licenses  therefor  for  cause,  and 
to  close  variety  theaters  when  necessary,  expedient   or  advisable. 

4.  To  prohibit  and  punish  keepers  and  inmates  of  bawdy  houses  and 
variety  shows;  to  prevent  and  suppress  assignation  houses  and  houses 
of  ill  fame,  and  to  regulate,  colonize  and  segregate  the  same,  to  deter- 
mine such  inmates  and  keepers  to  be  vagrants,  and  provide  for  the 
punishment  of  such  persons. 

5.  To  inspect  weights  and  measures,  fix  standards  of  weights  and 
measures,  and  to  fix  penalties  for  not  using  or  conforming  to  the  same, 
and  to  provide  that  inspection  fees  may  be  fixed  by  ordinance. 

G.  To  make  all  needful  and  proper  regulations  concerning  keepers  of 
taverns  and  grog  shops  and  other  public  houses,  draymen,  horse  drivers, 
water  carriers,  omnibus  drivers,  hack  drivers  and  drivers  of  baggage 
wagons,  and  other  vehicles:  to  establish  maximum  rates  for  all  kinds 
of  transportation  within  the  city  limits,  to  prevent  extortion,  and  to 
preserve  order  and  prevent  noise  and  confusion  in  and  about  the  sev- 
eral depots  on  the  arrival  and  departure  of  railway  trains,  and  to  pro- 
vide how  and  where  hacks  or  other  carriers  shall  stand  or  take  their 
position  upon  the  streets  adjacent  or  near  to  said  depots,  and  where  they 
shall   stand  when  not  receiving  or   discharging  passengers. 

7.  To  suppress  gambling  houses,  and  to  punish  keepers  of  gambling 
houses  and  pool  sellers,  and  all  persons  who  play  cards  or  games  of 
cliance  of  any  kind,  and  to  punish  persons  who  sell  lottery  tickets  or 
who  advertise  lottery  drawings  or  schemes  and  results  of  drawings  of 
lotteries. 

S.  To  provide  for  the  regulation  of  bakers  and  to  prescribe  the  weight, 
quality  and  price  for  bread  manufactured  or  sold  in  the  City  of  Dallas, 
according  to  the  price  of  the  material  or  otherwise,  and  to  provide  for 
the  inspection  of  milch  cows,  whether  kept  within  the  city,  or  without 
the  city  limits,  from  which  milk  is  sold  within  the  city,  and  to  provide 
for  the  inspection  of  the  milk  ofl'ered  for  sale,  and  to  prescribe  the  fees 
to  be  charged  therefor. 

0.  To  establish  and  regulate  public  grounds,  and  to  regulate  and  re- 
straini  and  prohibit  the  running  at  large  of  horses,  mules,  cattle,  sheep, 
swine,  goats,  geese  and  pigeons,  and  to  authorize  the  distraining,  im- 
pounding, and  sale  of  the  same  for  the  cost  of  the  proceedings  and  the 
penalty   incurred,    and   to    order   their   destruction   Avhen    they   can    not    be 


—10— 

sold,   and  to   impose   penalties   upon   the   owners   thereof   for   the   violation 
of  any  ordinances  regulating  or  prohibiting  the  same. 

10.  To  tax,  regulate,  restrain  and  prohibit  the  running  at  large  of 
dogs,  and  to  authorize  their  destruction  when  at  large  contrary  to  ordi- 
nances, and  to  impose  penalties  upon  the  owners  or  keepers  thereof. 

11.  To  prohibit  and  restrain  or  regulate  the  rolling  of  hoops,  the 
flying  of  kites  and  firing  of  fire  crackers,  the  use  of  velocipedes  and 
bicycles,  and  the  use  of  any  pyrotechnic  or  any  other  amusement  or  prac- 
tices tending .  to  annoy  persons  passing  upon  the  streets  or  sidewalks, 
or  to  frighten  horses  and  teams. 

12.  To  restrain  and  prohibit  the  ringing  of  bells  or  blowing  of  horns, 
bugles  and  whistles,  crying  of  goods,  and  all  other  noises^  practices  and 
performances  tending  to  the  collection  of  persons  in  the  streets  or  side- 
walks by  auctioneers  and  others  for  the  purpose  of  business,  amuse- 
ments, or  otherwise. 

13.  To  prohibit  mendicants,  beggars  or  persons  of  infirm  or  maimed 
bodies,  or  suffering  with  diseases  of  any  kind,  from  soliciting  alms,  help 
or  assistance  upon  the  streets  or  sidewalks  of  said  city,  and  to  prescribe 
a  penalty  by  fine  for  a  non-observance  thereof. 

14.  To  prohibit  and  regulate  the  ringing  of  bells  and  blowing  of 
whistles  of  railroad  engines  or  locomotives  within  the  city  limits,  and 
to  regulate  tlie  speed  thereof. 

15.  To  regulate  and  control  the  driving  of  cattle,  horses  and  all  other 
animals   into   or  through   the   city. 

16.  To  prevent  all  ti-espasses  and  breaches  of  the  peace  and  good 
order,  assault  and  batteries,  fighting,  quarreling,  using  abusive,  profane 
and  insulting  .language,  misdemeanors  and  all  disorderly  conduct  and 
to  punish  all  persons  thus  offending. 

17.  To  prevent  and  punish  the  keepers  of  houses  in  which  loud  or 
immoral  theatrical  representations  are  given,  and  to  adopt  summary 
measures   for  the  removal  or  suppression   of  all  such  establishments. 

18.  To  require,  on  due  notice,  all  steam  or  street  railway  companies 
owning  tracks  within  the  city  limits,  upon  the  public  streets  or  highways 
of  said  city,  which  may  have  been  or  may  hereafter  be  abandoned  by 
said  companies  by  non-use,  to  remove  such  tracks  and  to  restore  at  their 
own  expense  the  street  or  way  upon  which  such  abandoned  track  is  lo- 
cated to  its  former  condition. 

10.  To  ])r()hil)it,  prevent  and  suppress  horse  racing,  immoderate  riding 
and  driving  in   the   streets  of  said  city. 

20.  To  prohibit  cruel  treatment  of  animals  and  to  punish  the  abusers 
of  animals. 

21.  To  compel  persons  to  fasten  their  horses  or  other  animals  attached 
to  vehicles,  or  otherwise  hitched,  or  standing  in  the  streets. 

22.  To  restrain  and  punish  vagi-ants,  medicants,  beggars  and  prosti- 
tutes. 

23.  To  regulate  and  control  the  sale,  gift,  barter  or  exchange  of  co- 
caine, opium,  morphine  and  the  salts  thereof. 

24.  To  license,  tax  and  regulate  merchants,  commission  merchants, 
hotel  and  inn  keepers,  drinking  houses  or  saloons,  bar-rooms,  beer  saloons 
and  all  places  or  establishriients  where  intoxicating  or  fermented  liquors 
are  sold;  brokers,  money  brokers,  real  estate  agents,  insurance  agents, 
insurance  brokers,   auctioneers,   and  all  other   trades,   professions,  occupa- 


—11— 

tiuns  and  callings  of  every  kind.  To  license  and  regulate  any  itinerant 
or  transient  vendor  of  clothing  or  wearing  apparel  or  article  of  bedding 
cr  merchandise  of  any  description  whatever,  ticket  brokers  or  scalpers 
or  dealers  in  railway  tickets,  dealers  in  bankrupt  or  fire  stocks,  or 
damaged  stocks  of  any  kind,  second  hand  dealers,  pawn  brokers,  junk 
shops  and  dealers  in  junks^  and  all  other  business  or  occupations  what- 
ever, which  in  the  opinion  of  the  Board  of  Commissioners  shall,  be  the 
proper  subject  of  police  regulations.  To  require  the  person  or  persons  or 
corporation  pursuing  any  business  or  occupation  mentioned  in  this  sec- 
tion to  give  all  bonds  in  such  amounts  and  under  such  conditions  as  the 
Board  of  Commissioners  may  prescribe;,  to  require  the  keeping  of  books 
showing  the  transactions  of  any  such  business  or  occupations  and  requiring 
the  persons  conducting  such  business  or  occupation  to  submit  said  books 
and  their  stocks  to  the  inspection  of  the  police  at  such  times  as  may  be 
prescribed  by  ordinance.  Xo  license  shall  issue  for  a  longer  period  than 
cue  year,  and  such  license  shall  not  be  assignable,  except  by.  permissinn 
of  the  Board  of  Commissioners. 

25.  To  license,  tax,  regulate,  prevent  or  suppress  paupers,  peddlers, 
pawnbrokers  and  keepers  of  theatrical  or  other  exhibitions,  shows  and 
amusements.  To  license,  tax  and  regulate  or  prohibit  theaters,  circuses, 
moving  picture  shows  and  exhibitions  of  common  sjiowmen,  and  of 
shows  of  any  kind,  and  the  exhibition  of  natural  or  artificial  curiosities, 
menageries  and  musical  exhibitions  and  performances,  and  to  regulate 
and  license  or  prohibit  street  parades,  pool  tables,  striking  machines, 
lung  testers,  doll  racks,  cane  racks  and  exhibitions,  devices  and  things 
for  which  a   fee  is  charged. 

•20.  To  prevent  all  boxing  matches,  sparring  exhibitions,  cock  fighting 
and  dog  fighting  and  punish  all  persons  thus  oflfending. 

27.  To  regulate,  control  and  prohibit  the  carrying  of  firearms  and  other 
weapons  within  the  city  limits,  and  to  provide  and  inflict  the  same  pun- 
ishment therefor  as  is  now  or  hereafter  may  be  provided  by  State  law 
against  persons  unlawfully  carrying  weapons. 

28.  To  provide  workhouses  for  vagabonds  and  disorderly  persons  who 
are  unable  or  refuse  to  pay  fines,  or  who  have  bee,n  sentenced  to  fine 
and  imprisonment  or  to  compel  them  to  work  on  the  streets,  alleys*  and 
public  works,  and  make  all  necessary  regulations  concerning  the 
same,  and  to  provide,  keep  and  regulate  a   city  prison. 

29.  To  define  what  shall  be  nuisances  in  the  city,  and  within  three 
thousand  feet  of  the  corporation  lines  outside  of  the  city  limits  and  to 
abate  such  nuisances  by  summary  proceedings,  and  to  punisli  the  authors 
thereof  by  penalties^  fines  and  imprisonment.  , 

30.  To  restrain,  regulate  and  prohibit  the  selling  or  giving  away  in- 
directly, to  evade  a  tax  or  penalty,  (  f  intoxicating  or  malt  litjuors,  or  any- 
thing l)y  any  person  within  the  city,  except  by  persons  duly  licensed,  to 
forbid  and  punish  the  selling,  bartering  or  giving  away  of  any  intoxicat- 
ing or  malt  liquors  to  any  minor,  student,  apprentice  or  habitual  drun- 
kard. 

31.  To  prevent  the  sale,  bartering. and  giving  away  f)f  any  intoxicating 
liquors  in  any  house  or  place  where  any  theatrical  or  dramatic  represen- 
tations are  given,  and  prevent  the  same  from  being  brought  in  or  to  such 
places  under  any  pretext  whatever.  All  rooms,  buildings  or  apartments 
of  any  kind  inside  of  the  room  where  such  representations  are  given,  or 


—12— 

being  a  part  of  it,  ur  adjoining  or  connected  thcrewitli  by  any  door  or 
doors,  dumb  waiter  or  opening  of  any  kind  sliall  be  lield  to  be  witiiin  the 
places   inhibited  by  this  section. 

32.  To  regulate  parapet  walks,  to  prevent  dangerous  construction  and 
condition  of  chimneys,  fire  places,  hearths,  stoA'es,  stove  pipes,  boilers 
and  other  heating  apparatus,  and  cause  the  sinne  to  be  removed  and  made 
safe. 

3:}.  To  regulate  the  use  of  automobiles,  motor  cars,  motor  cycles  or  any 
motor  vehicles,  and  the  speed  thereof;  to  prescribe  the  proper  lighting  of 
same  when  u>e(l  at  night;  to  issue  jjermits  for  the  use  of  such  vehicles 
and  to  require  the  numbering  of  .said  veliiclts. 

o4.  To  control  and  regulate  the  locati(ui  and  use  of  all  kinds  of  steam 
engines  and  steam  boilers  in  the  city,  and  prescrilic  the  qualifications  of 
persons  operating  and  running  same,  and  to  adopt  such  rules  and  regula- 
tions in  relation  tlu-reto  as  may  seem  best  for  the  public  safety  and  com- 
fort. 

3.").  To  inspect  tlie  construction  of  all  buildings  in  the  city,  and  to  pre- 
scribe and  enforce  proper  regulations  in  regard  thereto;  to  regulate  and 
locate  or  prohibit  the  erection  of  all  poles  in  the  city,  and  cause  the  same 
to  be  changed,  whether  telegi-aph,  telephone,  electric  light  or  otherwise. 

30.  The  city  .shall  have  power  to  establish,  maintain  and  regulate  a 
city  prison,  or  city  prisons,  workhouses,  and  other  means  of  punishment 
for  vagrants,  city  convicts  and  disorderly  persons,  houses  of  correction  and 
reformatories  for  youthful  criminals. 

-  37.  The  city  shall  have  power  to  enforce  the  by-laws  and  ordinances 
for  the  city  by  a  .fine  not  to  exceed  two  hundred  ($200.00)  dollars:  pro- 
vided, that  no  ordinance  or  by-law  shall  provide  a  lesser  penalty  than  is 
prescribed  for  a  like  offense  by  the  laws  of  the  State. 

The  City  of  Dallas  may  provide  by  ordinance,  for  the  commutation  of 
fines  imposed,  by  labor  in  a  Avorkhouse  or  on  a  rock  pile,  tn'  upon  the 
]inblic  streets  and  public  highways  of  the  City  of  Dallas,  and  for  the  collec- 
tion of  any  fine  imposed  execution  may  be  enforced  as  other  execution 
issued  in  civil  cases. 

38.  Whenever  the  forfeiture  of  a  francliise.  right  or  privilege  granted  to 
any 'person,  firm  or  corporation  to  be  exercised  as  a  public  utility  is  pro- 
vided for  in  this  act,  the  power  to  enforce  such  forfeiture  shall  not  be 
construed  to  be  in  the  Board  of  Commissioners,  but  such  forfeiture  shall 
be  finally  enforced  only  thrcuigli  the  decree  of  a  court  of  competent  juris- 
dictioii. 

8ec.  4.    .Fircf!.     The  City  of  Dallas  shall  have  power: 

1.  To  provide  means  for  the  protection  against  and  the  extinguishment 
of  fires,  and  shall  provide  for  the  regulation,  maintenance  and  support  of 
a  Fire  Department,  and  for  the  purpose  of  guarding  against  the  calamity 
of  fire,  may  prescribe  fire  limits,  and  may  regulate  or  prohibit  the  erection, 
building,  placing  or  repairing  of  wooden  bviildings  within  such  limits  in 
said  city  as  may  be  designated  and  prescribed  as  fire  limits,  and  may  also 
withiii  said  limits  prohibit  the  moving  or  putting  up  of  any  wooden  build- 
ings from  without  s:\id  limits,  and  may  also  prohibit  the  removal  of  any 
wooden  buildings  from  one  place  to  another  within  said  limits,  and  may 
direct  and  prescribe  that  all  buildings  A\it)iin  the  limits  so  designated  in 
the  ordinance  as  fire  limits,  shall  be  made  or  constructed  of  fire-proof 
material,   the   kind,  character,  extent   and  (lualitv   of  which   biiildings   and 


—1:5— 

luateriiil  may.  by  orcliuancf,  bo  prescribt'd  and  lixed,  and  may  [jioliibil  llie 
repairing  of  wooden  buildings  in  lire  limits  wlieii  the  same  shall  have  beesi 
damaged  to  extent  of  33  1-3  per  eeiit  of  the  value  thereof,  and  may 
prescribe  the  manner  of  finding  such  damages,  and  may  declare  :ill  dilapi- 
dated buildings  to  be  a  nuisance,  and  direct  the  same  to  be  repaired,  re- 
moved or  aliated  in  such  manner  as  llie  Board  of  Commissioners  may 
l)rescrib»',  and  may  declare  all  wooden  bniitlings  in  tlie  tire  limits  which  they 
deem  dangerous  to  contiguous  buildings,  or  which  may  cause  or  promote 
fires,  to  be  nuisances,  and  may  require  and  cause  the  same  to  be  removed 
in  such  manner  as  may  be  prescribed,  at  the  expense  of  the  owner,  and  may 
further  prescribe  limits  within  which  only  a  fire-proof  roofing  may  be  used, 
and  may  impose  a  penalty  for  violation  of  such  rules  and  regulations. 

The  city  shall  have  the  right,  by  ordinance^  to  regulate,  prescribe  and 
govern  the  storage  of  lumber,  sash,  doors,  blinds  and  any  and  all  kinds  of 
goods,  wares  and  merchandise  of  every  kind,  and  prescribe  limits  witliin 
which  such  nuiterials  may  be  carried,  and  fix  penalties  for  violation  of 
the  rules  and  ordinances  governing  the  same. 

2.  To  regulate  or  prevent  the  carrying  on  of  manufactories  and  other 
works  dangerous  in  causing  fires,  and  to  regulate  the  location  of  cotton 
presses,  sheds  and  other  buildings  dangerous  on  account  of  fires. 

3.  To  prevent  the  deposit  of  ashes  in  unsafe  places  and  cause  the  re- 
moval from  one's  premises  of  all  trash,  old  papers,  straw,  goods  boxes, 
barrels  and  anything  else  dangerous  on  account  of  fire,  and  of  all  filth, 
slops  and  animal  or  vegetable  matter  and  everything  else  oft'ensive  and 
dangerous  to  health  and  comfort,  and  to  cause  all  buildings  and  enclos- 
ures in  a  dangerous  state  to  be  put  in  a  safe  condition. 

4.  To' regulate  the  size,  number  and  manner  of  construction  of  doors 
and  stairways  of  theatres,  tenement  houses,  hotels,  boarding  houses,  a])art- 
ment  houses,  audience  rooms,  public  halls  and  buildings  used  for  the  gatli- 
ering  of  a  large  number  of  people,  whether  now  built  or  hereafter  to  ])e 
built,  so  that  there  may  be  convenient,  safe  and  speedy  exit  in  case  of 
fires. 

5.  To  require  the  construction  of  suitable  fire  escapes  on  or  in  liotels, 
lodging  houses,  factories  and  other  buildings,  whether  now  built  or  here- 
after to  be  built. 

G.     To  regulate,  prevent  and  prohibit  the  use  of  firesworks. 

7.  To  compel  the  owners  or  occupants  of  houses  or  other  buildings  to 
have  scuttles  in  their  roofs  and  stairs  or  ladders  leading  to  the  same. 

8.  To  authorize  one  or  more  oflHce.rs,  agents  or  employes  of  the  city  to 
enter  in  and  upon  all  buildings  and  premises^  to  examine  and  discover 
whether  the  same  are  dangerous  on  account  of  fire,  or  in  any  unclean 
state,  and  cause  all  defects  to  be  remedied,  and  filth  and  trash  to  be 
removed,  and  generally  the  Board  of  Commissioners  shall  have  power  to 
establish  such  regulations  for  the  prevention  and  extinguisliment  of  fires 
as  it  may  deem  expedient. 

Sec.  5.  Health.  The  City  of  Dallas  shall  have  power: 
1.  To  regulate  burial  grounds,  crematories  and  cemeteries,  and  to  |)ro- 
hibit  burial  within  the  city  limits  if  deemed  advisable  or  if  necessary  to 
])rotect  the  public  health,  and  to  condemn  and  close  burial  grounds  and 
cemeteries  in  the  thickly  settled  portions  of  the  city,  and  when  demanded 
by  the  public  interest  or  public  health,  to  remove  or  cause  to  be  removed 
bodies  interred  in  such  condemned  and  closed  cemeteries  and  burial  grounds, 


—14— 

and  shall  cause  them  to  be  re-interred  in  a  suitable  place  to  be  provided 
by  the  city,  at  its  expense,  and  whenever  advisable  the  city  may  condemn 
the  land  proposed  to  be  used  for  the  re-interring  of  bodies  in  the  same 
manner  as  in  condem,nation  suits  of  railway  companies,  and  use  such 
condemned  ground  formerly  used  for  cemeteries,  for  such  purposes  as  may 
best  subserve  the  interests  of  the  city. 

The  City  of  Dallas  shall  have  power  to  acquire  land  and  grounds  inside  or 
outside  of  the  city  limits  by  purchase,  gift,  or  otherwise,  to  be  devoted  to 
and  used  for  the  purpose  of  a  public  and  private  cemetery,  and  to  pas  such 
suitable  regulations  concerning  the  burial  of  the  dead  in  such  cemetery, 
and  make  such  charges  for  tlic  burial  of  the  dead  therein"  as  may  be 
deemed  proper  by  the  Board  of  Cominissioners,  and  said  city  shall  also 
have  the  pbwer  to  appropriate  private  property  lying  within  or  without 
the  city  limits  to  be  used  and  devoted  to  cemetery  purposes,  as  herein 
stated  by  condemnation  proceedings  brought  for  such  purpose,  and  in  all 
such  cases  the  proceedings  had  to  condemn  such  land  shall  be  governed 
and  controlled  by  the  State  law  in  reference  to  the  condemnation  of  land 
by  railroad  companies  as  far  as  the  same  may  be  applicable  thereto. 

2.  To  regulate  the  burying  of  the  dead,  the  registration  of  births  and 
deaths,  direct  the  keeping  and  returning  of  bills  of  mortality,  and  impose 
penalties  on  physicians,  undertakers,  sextons  and  others  for  any  default 
in  the  premises. 

3.  Tlie  City  of  Dallas  sliall  also  have  the  power,  by  ordinance,  to  au- 
thorize the  destroying  of  clothing,  bedding,  furniture,  and  buildings  infected 
with  the  germs  of  any  infectious  or  dangerous  disease,  when  the  public 
health  requires  the  destruction  of  the  same,  and  may  also  in  the  same 
manner  authorize  the  destruction  or  removal  of  buildings  or  other  objects 
after  the  same  shall  have  been  declared  a  nuisance  and  to  be  dangerous  to 
the  health  or  lives  of  the  citizens  of  said  city. 

4.  To  make  regulations  to  prevent  the  introduction  of  contagious  dis- 
eases into  the  city,  to  make  quarantine  laws  for  that  purpose,  and  to  en- 
force them  within  the  city  and  within  ten  miles  thereof. 

5.  The  City  of  Dallas  is  hereby  given  full  power  and  authority  to  take 
such  steps  to  improve  and  preserve  the  ])urity  of  the  water  in  Trinity  rlA'er, 
above  the  city  of  Dallas,  as  it  may  think  necessary;  provided,  that  the 
power  in  this  section  shall  not  be  construed  to  give  said  corporation  any 
jiuisdiction  or  control  over  said  river  beyond  the  corporate  limits  of  said 
city,  except  for  the  purpose  of  protecting  or  improving  the  water  shed,  i.  e., 
the  water  supply  of  both  Trinity  rivQr  and  the  smaller  streams  or  tribu- 
taries; provided  further,  that  the  said  corporation  shall  have  the  right  to 
condemn  land,  buildings  and  out-houses  or  closets  when  it  may  deem  the 
same  necessary  for  the  protection  and  preservation  of  the  ])urity  of  the 
water  in  said  river,  and  shall  have  powers  to  control  the  same. 

The  City  of  Dallas  shall  also  have  power  to  require  any  persons  or  corpo- 
rations owning  or  operating  manufacturing  enterprises  within  or  without 
the  city,  which  shall  discharge  refuse  matter  into  Trinity  river  or  its 
tributaries,  to  make  other  provisions  for  such  refuse  matter,  or  so  purify 
the  same  as  that  the  public  health  will  be  fully  protected. 

6.  To  require  the  owners  of  private  drains,  sinks,  privies,  to  fill  up, 
clean.se,  drain,  alter,  relay,  repair  fix  and  improve  the  same,  as  they  may 
be  ordered  by  resolution  or  ordinance,  and  impose  penalties  upon  persons 
failing  to  do  the  same.    If  there  be  no  person  in  the  city  upon  whom  such 


—15— 

order  can  be  served,  the  city  can  have  such  work  done,  and  costs  of  the 
same  shall  be  a  lien  on  the  property  and  taxed  up  against  it,  and  collected 
in  such  manner  as  the  Board  of  Commissioners  may  determine. 

7.  To  prevent  any  person  from  bringing,  depositing  or  having  within 
the  city  limits,  the  carcasses  of  any  dead  animal^,  or  other  unwholesome 
substance,  or  matter,  or  filth  of  any  kind,  and  to  require  prompt  removal 
of  the  same,  and  impose  all  necessary  penalties  for  the  enforcement  of 
such  powers. 

8.  To  provide  for  the  inspection  of  dairies  inside  and  outside  the  city 
limits,  doing  business  within  the  city,  and  to  charge  and  provide  license 
fees  for  inspection;  to  establish  and  maintain  a  standard  of  sanitary 
conditions  governing  dairies  inside  and  outside  the  city,  doing  business 
within  the  city;  to  establish  and  maintain  a  standard  of  the  quality  of  all 
dairy  products  sold  in  the  city,  and  to  provide  for  penalties  for  the  viola- 
tion thereof. 

9.  To  regulate,  license  or  prohibit  butchers  and  prevent  their  slaught- 
ering animals  in  the  city  limits,  and  revoking  their  license  for  malconduct 
in  trade,  and  to  regulate,  license  and  restrain  the  sale  of  fresh  meat,  fruits 
and  vegetables,  and  the  slaughter  of  animals,  and  to  license  and  regulate 
or  prohibit  slaughter  houses  within  the  city  limits. 

10.  •  To  compel  the  owner  or  occupant  of  any  grocery,  soap,  tallow  or 
chandler  establishment  or  blacksmith  sliop,  tannery,  stalile,  slaughter 
house,  distillery,  brewery  or  other  building,  or  sewer,  privy,  hide  house, 
or  other  unwholesome  or  nauseous  place  or  house  to  cleanse,  remove,  fill 
up,  repair  or  abate  the  same,  as  may  be  necessary  for  the  health,  com- 
fort and  convenience  of  the  inhabitants. 

11.  To  regulate  the  inspection  and  slaughter  of  animals  and  the  sale 
of  fresh  meats  within  the  city,  and  the  inspection  and  the  sale  of  beef, 
pork,  flour,  meal,  fish,  salt  and  other  provisions;  whisky  and  other  liquors, 
and  all  other  articles  of  food  or  drink  whatsoever,  to  be  consumed  within 
the  city,  and  to  appoint  inspectors,  weighers  and  gangers,  and  prescribe 
their  duties  and  powers,  and  to  regulate  their  fees,  and  to  provide  for 
the  inspection  and  Aveighing  of  hay  and  coal,  ice,  and  the  measurement  of 
firewood  and  other  fuel  to  be  sold  in  the  city. 

12.  To  regulate,  restrain,  locate,  abate,  or  prohibit  slaughter  houses, 
gas  reservoirs  and  tanks,  glue  factories,  bone  boilers,  hide  houses  or  estab- 
lishments for  burning  hides,  soap  factories,  places  for  rendeiing  lard,  tallow, 
offal,  and  other  substances  that  can  be  rendered,  and  all  other  establish- 
ments Avhere  any  nauseating,  dangerous,  offensive  or  unwholesome  business 
may  be  carried  on. 

13.  The  city  of  Dallas  shall  have  the  right  and  power,  bj'  ordinance, 
to  provide  that  the  tenant  or  owner  of  any  property  shall  pay  to  the 
city  reasonable  charges  for  the  removal  of  night  soil  or  other  refuse 
matter  from  the  closets  of  the  premises  thereof,  and  to  prohibit  anyone 
except  someone  in  the  employ  of  the  city,  or  by  the  city  authorized  to  do 
so,  from  removing  or  carrying  away  the  contents  of  any  privy,  vault  or 
water  closet,  or  anv^  receptable  of  human  excrement,  and  the  city  shall 
have  the  right  to  have  inspected  the  premises  of  all  persons,  at  any  time, 
in  the  interest  of  the  public  health,  and  for  the  purpose  of  making  said 
inspection,  the  officers  or  agents  of  the  city,  duly  authorized  to  do  so, 
shall  have  a  right  to  enter  upon  the  premises  of  any  person  at  any  hour 
during  the  daytime  to  make  said  inspection.     Whenever  notice  is  given  by 


—16— 

any  oliicer  or  employe  of  the  city  inspecting  any  j)ieniises  that  said  prem- 
ises need  cleaning,  the  said  night  soil  or  other  refuse  matter  shall  be  re- 
moved and  the  owner  or  tenant  of  said  premises  shall  pay  the  city  the 
price  prescribed  therefor,  and  failure  to  do  so  shall  subject  said  persons 
to  the  penalties  to  be  prescribed  by  ordinance,  and  said  persons  shall  be 
fined,  upon  conviction  in  the  Corporation  Court,  in  any  sum  not  less  than 
one  dollar  nor  more  than  two  hundred  dollars. 

Sec.  7.  Municipal  Hervice.  The  City  of  Dallas  shall  have  power: 
1.  To  buy  or  construct,  own,  maintain  and  operate  a  system  or  systems 
of  waterworks,  gas  or  electric  lighting  plants,  telephones,  street  cars  and 
sewers,  or  any  other  public  service  or  enterprise,  that  may  be  approved 
by  a  majorit.y  of  the  qualified  voters  of  the  city  of  Dallas,  voting  therefor 
at  any  regular  election  for  city  oflficers,  in  accordance  with  the  provisions 
of  this  act;  and  may  demand  and  receive  compensation  for  such  service 
furnished  for  private  purposes,  and  shall  have  power  to  condemn  the 
property  of  any  person,  firm,  or  corporation  for  the  purpose  of  operating 
and  maintaining  any  such  utilit}',  and  for  distributing  such  service  through- 
out the  city  or  any  portion  thereof,  but  in  such  condemnation  proceedings 
no  allowance  shall  be  made  for  the  value  of  any  franchise  and  only  the 
actual  physical  assets  shall  be  purchased  by  the  city  of  Dallas. 

'2.  To  acquire  or  own  within  or  without  the  city  limits,  either  by.  pur- 
chase, donation,  bequest  or  otherwise,  all  property  it  may  need  for  any 
municipal  purpose,  whatever:  and  all  necessary  right  of  ways  thereto,  and 
shall  also  have  the  power  to  sell  and  dispose  of  the  same,  except  as  other- 
wise provided  in  this  act. 

3.  To  provide  all  needful  buildings  for  the  use  of  the  city;  to  provide 
for  enclosing,  ini])r(iving,  ornamenting  and  regulating  all  public  grounds  be- 
longing to  the  city;  to  provide  hospitals  and  regulate  and  maintain  tlie 
same,  and  to  permit  or  prohibit  private  hospitals;  to  establish  an  active 
system  of  inspection  over  premises  and  conduct  of  ])crsons;  to  establish  a 
leformatory  or  industrial  or  traunt  school  for  refractory  or  unprotected 
boys  and  girls  under  such  rules  and  regulations  as  tlie  lioard  of  Commis- 
sioners may  prescribe,  and  to  provide  for  the  issuance  of  bonds  therefor 
in  any  sum  not  to  exceed  $25,000  after  submission  of  such  matter  to  a 
\ote   of   the   taxpayers   of   said  city. 

4.  I'o  lay  out,  establish,  open,  alter,  widen,  lowi'r,  raise,  extend,  grade, 
nanoM',  care  iov.  pave,  supervise,  maintain  and  improve  streets,  alleys, 
sidewalks,  squares,  parks,  public  places  and  bridges,  and  to  vacate  and 
close  the  same;  to  spiinkle  and  care  for  the  streets,  and  to  regulate  fhe 
use  thereof;  and  to  re(|uire  the  removal  from  the  streets  and  sidewalks 
of  all  obstructions,  telegraph,  telephone,  street  railway  or  other  poles 
carrying  electric  wires,  signs,  fruit  stands,  show  cases,  and  encroachments 
of  every  character  upon  said  streets  and  sidewalks;  and  to  vacate  and  close 
private  ways. 

The  cost  of  constructing  sidewalks  and  keeping  the  same  in  repair,  to- 
gether with  the  cost  of  collecti(ui,  shall  be  defrayed  entirely  b.v  the  property 
owners  in  such  manner  as  the  Board  of  Commissioners  ma.v  provide,  and 
shall  be  a  perpetual  lien  on  the  property  until  paid. 

o.  To  prevent  any  street  or  sidewalk  from  being  dug  up  or  excavations 
to  be  made  therein,  unless  the  same  be  done  with  the  permission  of  the 
Board  of  Commissioners,  and  under  the  direction  of  the  City  Engineer,  or 
other  officer  designated  by  the  Board  of  Commissioners;   and  to  prescribe 


—17— 

and  exact   fees   for   such   privileges,  and  deposits   as  guarantees  of   proper 
restoration  of  such  street  or  sidewaLks. 

G.  To  regulate,  establish  and  change  the  grade  of  all  sidewalks,  streets 
and  premises,  and  to  require  and  compel  the  filling  up  and  raising  the  same. 

7.  To  permit,  prevent  and  regulate  the  laying  of  gas,  water,  and  sewer 
mains  and  pipes  in  the  city  of  Dallas;  provided,  however,  that  any  water 
or  sewer  mains  or  pipes  that  may  be  laid  in  any  public  street  or  alley 
shall  thereupon  immediately  become  the  property  of  the  city  of  Dallas. 
To  compel  any  person  using  the  streets,  alleys  or  sidewalks  for  the  pur- 
])ose  of  laying  gas  or  water  mains  and  pipes,  server  pipes,  or  for  building  oi' 
other  purposes,  to  repair,  clean  up,  and  restore  said  streets,  sidewalks  and 
alleys  so  used. 

8.  To  provide  for,  establish  and  maintain  a  free  public  library  within 
the  city,  and  to  co-operate  with  any  person,  firm,  or  corporation  under 
such  terms  as  the  Board  of  Commissioners  may  prescribe  far  the  estab- 
lishment of  such  free  public  library,  and  to  that  end  they  shall  appropriate 
annually  out  of  the  general  revenue  of  the  city  as  a  fund  for  the  support 
and  maintenance  of  the  Dallas  Public  Library  a  sum  etjiial  to  fifteen  one- 
hundredths  of  one  mill  (.0001.^)  of  the  assessed  taxable  values  of  the  city 
for  the  current  year. 

i).  To  establish,  buy,  erect,  maintain,  own,  lease  and  regulate  wharves 
and  docks,  charge  wharfage  and  dockage,  to  condemn  private  property  for 
such  uses  and  purposes  and  to  fix  places  for  the  anchorage  of  water  craft 
thereon. 

lU.  To  buy,  establish,  lease,  maintain,  regulate  and  o])erate  markets 
and  market  places,  and  abbatoirs,  and  to  build,  own  and  maintain  build- 
ings therefor,  and  to  rent  and  .lease  the  same. 

11.  To  establish  and  maintain  sanitary  closets  for  the  service  of  the 
[lublic,  and  to  obtain  I^y  purchase  or  condemnation  property  for  such 
closets. 

Sec.  S.  Fra)ichiscs.  1.  The  ownership,  right  of  control  and  use  of 
the  streets,  highways,  alleys,  parks,  public  places  and  all  other  real  prop- 
erty of  the  city  of  Dallas,  is  hereby  declai-ed  to  be  inalienable  to  said  city, 
except  by  ordinance  passed  by  vote  of  the  majority  of  the  Board  of 
Commissioners,  as  hereinafter  provided;  and  no  franchise  or  easement  in- 
volving the  right  to  use  the  same,  either  along,  across,  over  or  under  the 
same,  shall  ever  be  valid,  unless  expressly  granted  and  exercised  in  com- 
pliance with  the  terms  hereof,  and  of  the  ordinance  granting  the  same. 
Xo  act  of  omission  of  the  city,  its  Board  of  Commissioners,  officers  or 
agents  shall  be  construed  to  confer  or  extend  by  estoppel  or  indirection,  any 
right,  franchise  or  easement,  not  expressly  granted  by  ordinance;  provided, 
that  alienation  of  school  property  shall  be  as  herein  elsewhere  authorized. 

2.  The  city  of  Dallas  shall  have  power,  subject  to  the  terms  and  pro- 
visions hereof,  by  ordinance  to  confer  upon  any  person  or  corporation  the 
franchise  or  right  to  use  the  property  of  the  city,  as  defined  in  the  pre- 
ceding section,  for  the  purpose  of  furnishing  to  the  public  any  general 
public  service,  including  heat,  light,  power,  telephone  service,  refrigeration, 
steam,  or  the  carriage  of  passengers  or  freight  within  the  said  city  and  its 
suburbs,  over  the  streets,  highAvays  and  property  of  said  city,  or  for  any 
other  purpose  whereby  a  general  service  is  to  be  furnished  to  the  public 
for  compensation  or  hire,  to  be  paid  to  the  franchise  holder,  whereby  a 
right  to.  in   ])art,  appropriate  the   streets,  highways  or  other  property   of 


—18— 

the  city,  is  necessary  or  proper,  provided,  that  no  franchise  shall  be  granted 
by  said  city  to  any  person,  firm  or  corporation  to  own,  control  or  operate 
waterworks  therein. 

3.  No  exclusive  franchise  or  privilege  shall  ever  be  granted,  nor  a  fran- 
chise, nor  a  privilege  to  commence,  at  any  time  after  six  months 
subsequent  to  the  passage  of  the  ordinance  granting  the  same,  and 
no  franchise  shall  be  directly  or  indirectly  extended  beyond  the  term 
originally  fixed  by  the  ordinance  granting  the  same,  nor  shall  any  fran- 
chise be  granted  to  any  person  or  persons  or  corporation  authorizing  such 
person  or  corporation,  their  associates,  assigns,  or  successors,  to  acquire 
the  phyical  pioperty,  rights  or  franchises  of  another  person  or  corporation 
to  whom  or  which  a  franchise  has  already  been  granted  by  the  city 
whereby  the  rights  and  properties  held  and  used  under  such  franchise  are 
assigned  to  another  person,  firm  or  corporation  which  holds  a  franchise 
extending  beyond  the  time  of  tlie  expiration  of  the  franchise  of  the  person, 
firm  or  corp(/ratiiin  selling  svich  physical  properties,  rights  or  franchises. 

4.  The  city  of  Dallas  shall  have  the  power,  by  ordinance,  to  grant  any 
franchise  or  right  nientioned  in  the  preceding  sections  hereof,  which  or- 
dinance shall  not  be  passed  finally  until  its  third  reading  which  readings 
shall  be  at  three  separate  regular  meetings  of  the  Board  of  Commissioners, 
the  last  of  which  shall  take  place  not  less  than  thirty  days  from  the  first. 
Xo  ordinance  gi-anting  a  franchise  shall  pass  any  reading  except  by  vote 
of  the  majority  of  the  Board  of  Commissioners,  and  such  ordinance  shall 
not  take  eft'ect  until  sixty  days  after  its  adoption  and  its  third  and  final 
reading;  provided,  tliat  if  at  any  time-  before  such  ordinance  shall  finally 
take  effect  a  petiti(ni  nr  petitions  shall  be  presented  to  the  Board  of 
Commissioners  signed  by  five  hundred  of  the  l)onafide  qualified  voters  of 
the  city,  then  the  Board  of  Commissioners  shall  submit  the  question  of 
tlie  granting  of  said  franchise  to  a  vote  of  the  qualified  voters  of  the  city 
(if  Dallas  at  the  next  succeeding  annual  election  to  be  held  in  said  city. 
]jr(i\i<lcJ  tliat  iidtice  thereof  shall  be  published  at  least  twenty  days  suc- 
cessively in  a  daily  newspajier  pid)lislR'd  in  said  city,  prior  to  the  hold- 
ing of  said  election.  Ballots  shall  be  used  briefly  describing  the  fran- 
chise to  be  voted  on  and  the  terms  thereof  and  containing  the  words  "For 
the  granting  of  a  franchise"  and  "Against  the  granting  of  a  franchise." 
The  vote  shall  be  canvassed  by  the  Board  of  Commissioners  and  should 
it  result  in  a  majority  of  those  voting  thereon,  casting  their  votes  "For 
the  granting  of  a  franchise,"  then  by  order  entered  in  their  minutes 
the  Board  of  Commissioners  shall  so  declare,  and  said  franchise  shall  at 
once  take  effect.  But  should  a  majority  of  such  votes  be  cast  "Against 
granting  a  franchise,"  as  ascertained  by  the  Board  of  Commissioners, 
then  said  board  by  order  entered  in  their  minutes,  shall  so  declare; 
and  such  franchise  shall  not  take  efll'ect.  In  case  a  franchise  is  refused 
by  the  Board  of  Commissioners,  then  the  matter  may  be  submitted  to 
the  qualified  voters  on  petition,  as  heretofore  provided,  and  a  failure  to 
finally  pass  on  an  application  within  six  months  after  the  filing  of  such 
application  shall  be  construed  as  a  refusal. 

5.  No  franchise  shall  ever  be  granted  for  a  longer  term  than  twenty 
years,  nor  shall  any  right,  franchise  or  privilege  now  in  existence 
ever  be  extended  beyond  the  period  now  fixed  for  its  termination,  directly 
or  indirectly,  or  thro\igh  any  means  whatsoever,  and  any  ordinance  or 
transaction  in  violation  or  evasion  of  this  prohibition  shall  be  absolutely 


—19— 

Aoid.  Xo  subsidiary  franchise  or  franchise  of  any  character  appertaining  or 
relating  to  any  other  franchise  which  shall  extend  beyond  the  life  of  such 
main  franchise  shall  ever  be  granted  to  any  franchise  holder,  or  to  any 
person,  firm  cr  corporation  acting  for  him  directly  or  indirectly,  and  any 
such  grant  in  violation  of  this  prohibition  shall  be  absolutely  void.  No  fran- 
chise, privilege  or  easement  granted  by  the  City  of  Dallas  shall  ever  be  used 
or  operated  so  as  to  extend  or  enlarge  any  other  franchise  or  privilege 
granted  by  said  city,  and  any  violation  of  this  prohibition  shall  operate  as 
a  forfeiture  of  each  and  all  of  such  franchises,  privileges  and  easements. 

G.  All  persons  or  corporations  to  whom  franchises  may  hereafter  be 
granted,  or  their  assigns  and  successors,  shall  as  compensation  for  the  right 
or  privilege  enjoyed  pay  to  the  city  a  sum  not  less  than  four  per  cent  of 
the  gross  receipts  of  the  business  pursued  bj^  the  holder  of  the  franchise. 
The  amount  of  said  bonus  or  compensation  shall  be  fixed  by  ordinance 
granting  the  franchise  and  shall  be  payable  on  the  second  day  of  January 
in  each  year,  for  the  preceding  year.  Said  bonus  or  compensation  shall 
be  exclusive  of  and  in  addition  to  all  lawful  ad  valorem  taxes  upon  the 
value  of  the  franchise  or  other  property  of  the  holder  thereof,  and  lawful 
occupation  taxes  imposed  upon  the  occupation  or  calling  of  the  holder  of 
such  franchise.  The  Board  of  Commissioners  may,  however,  in  their 
discretion  in  the  ordinance  granting  any  franchise,  provide,  that  no  bonus 
shall  be  paid  for  the  first  three  years  thereof. 

In  order  to  ascertain  the  true  amount  of  such  gross  receipts  and  to  de- 
termine the  amount  of  such  bonus  or  compensation,  and  for  any  other 
purpose  relating  to  the  business  or  affairs  of  the  city  the  Board  of  Com- 
missioners shall  have  power  to  examine  or  cause  to  be  examined  the 
books,  papers  and  records  of  franchise  holders;  to  take  testimony  and 
compel  the  attendance  of  witnesses  and  the  production  of  books,  papers  or 
records,  and  to  examine  Avitnesses  under  oath  and  under  such  rules  and 
regulations  as  said  Board  may  adopt,  and  should  any  franchise  holder 
refuse  inspection  of  its  books,  papers  or  records  or  the  production  of  the 
same  wlien  lawfully  required  to  do  so  by  said  Board,  or  should  any  officer, 
agent  or  employe  of  said  franchise  holder  refuse  to  give  testimony  before 
said  board,  then  said  board  shall  have  power,  by  ordinance,  to  declare  the 
franchise  or  privilege  enjoyed  by  such  corporation,  or  person  so  in  d;'fault, 
annuled  and  terminated. 

7..  The  right  is  hereby  delegated  to  the  city  of  Dallas,  acting  through 
its  Board  of  Commissioners,  to  determine,  fix  and  regulate  the  charges, 
fares  or  rates  of  any  person,  firm  or  corporation  enjoying  or  that  may  en- 
joy a  franchise  or  exercising  any  other  public  privilege  in  said 
city  and  to  prescribe  the  kind  of  service  to  be  furnished  by  such  per- 
son, firm  or  corporation,  and  the  manner  in  which  it  shall  -be  rendered, 
and  from  time  to  time  to  alter  or  change  such  rules,  regulations  and  com- 
pensation. The  board  shall  make  rules  and  regulations  granting  a  fair 
hearing  to  persons  or  corporations  to  be  affected  by  said  regulations, 
and  no  change  in  regulations  shall  be  adopted  except  after  notice  to  the 
persons  affected  and  after  a  fair  hearing  shall  be  granted  them;  provided, 
that  in  adopting  such  regulations  and  in  fixing  or  changing  such  compensa- 
tion, or  determining  the  reasonableness  thereof,  no  stocks  or  bonds  au- 
thorized or  issued  by  any  corporation  enjoying  a  franchise  shall  be  con- 
sidered unless  upon  proof  that  the  same  have  been  actually  issued  by  the 
-corporation  for  money  paid  and  used   for  the  development  of  the   corpo- 


-ae- 
rate property,  labor  done  or  property  actually  received  in  accordance  with 
the  laws  and  Constitution  of  the  State  applicable  thereto;  and  in  order  to 
ascertain  all  facts  necessary  for  a  proper  understanding  of  what  is  or  should 
l;e  a  reasonable  rate  or  regulation,  the  Board  of  Commissioners  shall  have 
full  power  to  inspect  books  and  compel  attendance  of  witnesses  as  pro- 
vided in  sub-section  (i  hereof  and  may  prescribe  all  penalties  named  in 
sub-section  6  for  a  failure  or  refusal  to  attend  and  testify  or  produce 
books. 

S.  Every  public  service  corporation  shall  fiuiiish  and  provide  e([ual 
and  uniform  service  alike  to  all  citizens  of  the  city  of  Dallas,  and  it  shall 
be  unlawful  and  a  sufficient  ground  for  the  forfeiture  of  any  franchise  for 
any  such  corporation  to  grant  free  service,  or  furnish  better 
service  or  to  furnish  service  at  a  lower  price  or  rate,  quantity 
considered,  to  any  person  or  persons,  or  otherwise  discriminate 
in  the  matter  of  rates  or  service  between  citizens  of  Dallas. 
Cpon  proof  being  received  by  the  C(jmmissioners  that  this  section  is  being 
violated,  they  shall  at  once  summon  witnesses  and  investigate,  and  if 
they  so  find  then  it  shall  be  their  duty  to  immediately  cause  suit  to  be  in- 
stituted to  have  such  franchise  forfeited;  provided,  however,  the  Board 
of  Commissioners  shall  have  power  by  ordinance  to  grant  any  such  corpora- 
tion the  right  to  grant  reduced  rates  to  persons  specified  in  such  ordinance, 
and  provided,  that  the  Board  of  Commissioners  may,  by  ordinance,  au- 
thorize any  street  railway  or  interurban  railway  to  transport  frefe  any  mem- 
ber of  the  police  or  fire  department  of  said  city  w  ithin  the  corporate  limits 
thereof,  and  to  authorize  the  giving  of  such  free  transportation  in  other 
cases,  when  the  same  shall  not  be  in  conflict  with  the  general  law  of  the 
State,  which  shall  control  and  govern  this  subdivision. 

9.  No  franchise  shall  hereafter  be  granted  except  upon  condition  that 
the  city  shall  have  the  right  at  any  time  after  eighteen  years  from  the 
granting  thereof  to  purchase  the  physical  properties  of  the  franchise 
liolder  and  to  terminate  its  franchise,  and  all  privileges  enjoyed  by  it  there- 
under; provided,  the  majority  of  the  qualified  tax  paying  voters  of  the 
city  voting  thereon  shall  vote  to  do  so;  and  provided,  that  upon  the  pe- 
tition of  five  hundred  qualified  property  tax  paying  voters  to  the  Commis- 
sioners, the  matter  of  the  acquisition  of  such  property  shall  be  submitted 
to  an  election  to  be  dfitermined  by  a  vote  of  the  majority  of  the  qualified 
tax  paying  voters,  voting  thereon;  which  election  shall  be  held  at  the  next 
succeeding  elect  inn  in  said  city,  after  at  least  twenty  days  notice  thereof 
shall  have  been  published  daily  for  tw^enty  days  in  a  newspaper  published 
in  said  city,  and  provided,  that  the  owner  of  such  physical  property  shall 
be  compensated  for  the  value  thereof,  considering  solely  the  physical 
assets,  such  Value  to  be  determined  by  the  report  of  the  majority  of  three 
arbitrators,  one  to  be  selected  by  the  city,  one  by  the  owner  of  the  ph.ysi- 
cal  ])roperty  to  be  valued,  and  the  third  by  the  arbitrators  so  selected.  But 
if  the  owner  of  such  physical  property  shall  refuse  for  thirty  days  to 
select  an  arbitrator,  then  the  value  of  such  property  shall  be  fixed  by 
vote"  of  a  majority  of  the  Board  of  Commissioners. 

"Provided,  that  said  purchase,  when  so  made  by  the  city,  shall  not  take 
eflfect  until  the  expiration  of  twenty  years  from  the  time  of  the  grant- 
ing of  such  franchise." 

10.  Ordinances  granting  franchises  shall  be  subject  to  the  terms  hereof, 
and  shall  contain  such  terms  and  conditions  as  the  Board  of  Commissioners 


—21— 

sliall  see  tit  to  impose.  All  fraiieliises  shall  be  exercised  in  aeeonhiiiee  with 
the  terms  of  the  ordinance  granting  the  same  and  of  this  charter.  If  such 
franchises  shall  not  be  exercised  in  substantial  accordance  with  the  terms 
hereof,  and  of  the  ordinance  granting  the  same,  then  after  notice  to  and 
leasonable  hearing  of  the  holders  thereof,  such  franchises  may  be  can- 
celled or  annulled  and  the  Board  of  Commissioners  shall,  by  ordinance. 
adi  pt   reasonalde  rules   and  regulations   for  such  notice  and  hearing. 

11.  It  shall  be  the  duty  of  the  Board  of  Commissioners,  as  soon  as 
])racticable  after  taking  office,  to  have  true  copies  of  all  franchises  permits, 
ordinances,  orders,  resolutions,  or  any  other  proceedings  by  which  any 
rights,  privileges  or  franchise  are  granted  to  any  company,  corporation 
or  individual  owning,  or  operating  any  gas,  oil,  street  railway,  steam  rail- 
way, interurban,  electric  light  and  power,  telephone  or  any  other  public 
utility,  which  said  franchises,  etc.,  shall  be  codified,  indexed  and  printed 
and  offered  for  sale  at  cost  price;  and  all  futiu-e  franchises  shall  like- 
wise be  printed  and  offered  for  sale  at  cost  price. 

12.  Any  franchise  or  right  which  may  hereafter  be  granted  to  any  per- 
son or  corporation  to  operate  a  street  railway  within  the  city  or  its 
-uburbs  shall  be  subject  to  the  condition  that  the  Board  of  Commissioners 
.shall  have  the  right  to  grant  to  any  other  person  or  corporation  desiring 
to  build  or  operate  a  street  railway  or  interurban  railway  within  or  into 
the  city  of  Dallas,  the  right  to  operate  its  cars  over  the  tracks  of  said 
street  railway  in  so  far  as  may  be  necessary  to  enter  said  city  and  to 
reach  the  section  thereof  used  for  business  purposes;  provided  that  the 
person  or  corporation  desiring  to  operate  its  cars  oyer  the  lines  of  said 
street  railway  shall  first  agree  in  writing  with  the  owner  thereof  to  pay 
it  reasonable  compensation  for  the  use  of  its  tracks  and  facilities.  And 
if  the  person  or  corporation  desiring  to  use  the  same  cannot  agree  with 
said  owner  of  said  street  railway  as  to  said  compensation  within  sixty 
days  from  oft'ering  in  writing  to  do  so,  and  as  to  terms  and  con- 
ditions of  the  use  of  said  track  and  facilities,  then  the  Board  of  Com- 
missioners shall. by  resolution,  after  a  fair  liearing  to  the  parties  concerned, 
fix  the  terms  and  conditions  of  such  use  and  compensation  to  be  paid  there- 
for, which  award  of  the  board,  when  so  made,  shall  be  binding  on  and  ob- 
served by  the  parties  concerned. 

13.  Interurban  railways  are  defined  to  be,  in  the  meaning  of  this 
charter,  railways  operating  their  cars  by  electricity  for  the  carriage  of 
freight  and  passengers  for  hire,  not  wholly  within  the  city  and  its  suburbs, 
but  whose  lines  extend  from  the  city  of  Dallas  and  its  suburbs  to  other 
towns,  cities  or  villages. 

14.  The  Board  of  C»ommissioners  shall  have  power,  subject  to  the  terms 
and  conditions  contained  in  this  charter,  to  gi'ant  to  any  person  or  cor- 
poration., desiring  to  extend  an  interurban  railway  into  the  city,  the 
right  to  lay  tracks  and  operate  cars  over  the  streets  or  other  property  of 
the  city  and  over  the  tracks  of  other  street  railways  for  a  term  not  ex- 
ceeding twenty  years. 

15.'  Tlie  right  mentioned  in  the  preceding  section  shall  be  granted  by 
ordinance  only,  which  ordinance  shall  not  be  finally  passed  until  after  three 
separate  readings,  the  last  of  which  shall  take  place  not  less  than  thirty 
days  from  the  first.  The  gi'anting  or  refusing  of  the  right  or  franchise 
herein  mentioned  shall  be  subject  to  the  terms  and  provisions  of  this 
charter  concerning  the  submission  of  general  franchises  to  a  vote  of  the 


22 

<liialifie(l   voters   of   the   city,   which    shall   in   all    things   govern   and   apply 
thereto. 

16.  The  ordinance  granting  such  right  or  franchise,  shall  contain  such 
conditions  as  may  seem  proper  to  the  Board  of  Commissioners,  and  shall 
provide  for  such  reasonable  compensation  to  the  city  as  may  seem  just  to 
the  board  for  the  use  of  the  franchise  or  right  granted,  which  compensation 
shall  be  payable  ainnially.  And  the  ordinance  granting  such  right  or 
franchise  shall  provide  iliat  failure  to  pay  said  compensation  at  the  time 
specified  therein  shall  forfeit  and  terminate  said  franchise.  Said  compensa- 
tion shall  be  deemed  to  be  a  bonus  payable  to  the  city  for  the  use  and  the 
right  granted  and  shall  be  exclusive  of  and  in  addition  to  all  ad  valorem 
or  occupation  taxes,  payable  by  the  owner  of  said  franchise. 

17.  The  terms  of  this  charter  concerning  the  granting  of  f)-anehises  to 
persons  or  corporations  for  the  [5urpose  of  rendering  any  public  service 
wholly  within  the  city  and  its  suburbs  shall  not  apply  to  interurban  rail- 
ways, except  as  specified  in  the  four  preceding  sections  and  in  the  various 
sections  providing  for  the  referendum. 

18.  The  Board  of  Commissioners  shall  have  power  to  authorize  steam 
railways  operating  their  lines  from  the  city  of  Dallas  to  other  towns  and 
cities  lieyoml  its  limits  to  lay  their  tracks  and  establish  their  switches  on 
and  iiAcr  the  streets  and  other  property  of  the  City  of  Dallas  or  such  parts 
thereof  as  the  board  may  see  fit,  subject  to  the  terms  of  this  charter  and 
to  such  conditions  as  may  he  imposed  by  the  Board  of  Commissioners. 

19.  The  right  menlidiicd  in  tlie  preceding  section  shall  be  gi-anted  only 
by  ordinance,  which  sliall  pidxide  for  the  payment  of  a  reasonable  annual 
compensation,  to  be  paid  to  the  city,  which  in  no  case  shall  be  less  than 
ten  dnUars  ($10.00)  per  annum,  and  shall  not  be  construed  to  be  a  tax,  but 
shall  be  in  addition  to  and  exclusive  of  all  occiipation  or  ad  valorem 
taxes  levied  upon  the  projierty  df  franchises  of  the  owner  of  said  rights 
and  upon  the  occupation  pursued  \>y  said  owner. 

20.  TliC  compensation  mentioned  in  tlie  preccdini:  secliiui  sh.all  be  pay- 
able annu;illy  in  advance  on  the  secnnil  day  of  January,  and  if  not  then 
paid  llie  ri.ulit  -ranted   sluill    fcitVil   and  terminate. 

21.  The  grant  or  rct'iisal  i;|  an  oi-dinancc  liy  the  I'.oard  of  Commissioners 
granting  or  refusing  tlie  rii^lit  mi'iitioncd  in  the  picccdinn'  si'ctinns  shall  be 
subject  to  the  provisions  cf  this  cliaitci-  prii\iilin,L;'  I;  r  t!;;'  snlmiission  of 
the  granting  or  refusal  of  general  fiaiieliises  to  the  \oiv-  of  tlie  qualified 
voters  of  the  city;  provided  that  an  '.  idinancc  giantiii^'  or  refusing  the 
right  to  lay  a  switch  not  more  tlian  one  l)Ioek  in  length  need  not  be  sub- 
ject to  such  vote  unless  said  switch  shall  cross  a  street  bounding  such 
block. 

2"2.  The  Board  of  Commissioners  shall  have  jinwer.  liy  ordinance  or  reso- 
lution, to  grant  to  any  owner  of  property  abutting  upon  the  streets  or 
other  |iropi'rty  of  the  city  the  use  thereof  or  to  go  over  or  under  the  same 
in  any  manner  which  may  be  necessary  or  proper  to  the  enjoyment  of 
said  abutting  property  by  the  o-wnor:  pro\'ided,  that  such  use  be  not  in- 
consistent with  or  does  not  luireasdnalily  impair  the  public  use  to  which 
said  street  nr  other  public  pi-opert)-  n.iay  be  dedicated. 

The  Board  of  Commissioners  shall  li\  the  tcrivis  and  conditions  of  any 
such  grant  and  the  time  for  which  the  same  shall  exist.  The  right  is 
expressly  reserved  to  the  city,  acting  through  said  board,  to  terminate  such 


—23— 

grant   when   deemed   inconsistent   witli   tlie   public   use   of   the   property   of 
the  city,  or  when  the  same  may  become  a  nuisance. 

23.  For  the  rights  granted  under  the  preceding  section  the  city  shall 
receive  annual  compensation  to  be  fixed  by  the  Board  of  Commissioners, 
not  less  than  five  ($5.00)  dollars  pei-  annum.  Such  compensation  shall  be 
paid  each  year  in  advance  on  the  second  day  of  January.  Tlie  failure  to 
pay  same  when  due  shall  operate  as  an  absolute  forfeiture  of  the  right 
granted. 

24.  No  street  or  other  railway  shall  be  authorized  by  the  Board  of 
Commissioners  to  lay  tracks  on  or  occupy  the  streets  or  alleys  of  the  city 
until  the  owners  of  a  majority  of  the  front  feet  of  property  abutting  on 
said  streets  or  alleys  so  to  be  occupied  have,  in  writing,  consented  thereto 
and  said  consents  have  been  filed  with  said  Board;  provided,  the  entire 
distance  of  such  proposed  line  of  railway  shall  be  considered  in  determin- 
ing whether  the  owners  of  a  majority  of  the  front  feet  of  abutting  prop- 
erty have  consented  thereto,  and  the  majority  here  required  shall  be  a 
majority  of  the  front  feet  of  the  entire  distance  of  such  continuous  line, 
whether  occupying  one  or  more  streets  or  alleys;  and  provided  further, 
that  after  the  consent  of  any  property  owner  shall  be  given  in  writing  as 
herein  provided  for,  he  shall  not  be  entitled  to  withdraw  the  same  within 
twelve  months  after  giving  such  consent,  nor  shall  he  be  entitled  to  with- 
draw"  it ,  thereafter  if  within  such  period  the  applicant  for  the  easement 
shall  file  with  the  city  the  consents  of  enough  of  the  property  owners  in- 
terested to  authorize  the  Board  of  Commissioners  to  grant  such  easement. 

2.5.  Xo  switch  shall  be  authorized  by  the  Board  of  Commissioners  to  be 
laid  in  such  streets  or  alleys  until  the  owners  of  a  majority  of  the  front 
feet  of  property  in  front  of  which  said  switch  is  to  be  laid  shall  have 
filed  with  said  board  their  written  consent  thereto. 

20.  The  city  of  Dallas  shall  have  the  power,  by  ordinance  or  otherwise, 
to  regulate  the  speed  of  engines,  locomotives  and  street  cars  within  the 
limits  of  said  city;  and  to  require  steam  interurban  and  electric  railway 
companies  to  keep  the  streets  over  Avhich  they  run  properly  drained  and 
to  light  the  same  wherever  deemed  necessary  and  to  require  steam  inter- 
lu-ban  and  electric  railway  companies  to  construct  and  keep  in  repair 
from  curb  to  curb,  bridges  and  crossings  over  all  the  ditches  made  or 
crossed  by  them,  and  to  construct  and  maintain  drains  and  culverts 
where  crossed  by  any  line  of  said  railways  on  all  streets  over  which  they 
run;  to  direct  and  control  the  laying  and  construction  of  railroad  tracks, 
turnouts  and  switches  and  to  regulate  the  grade  of  same,  and  to  require 
them  to  conform  to  the  grade  of  the  streets  of  said  city  as  they  may 
hereafter  be  or  are  now  established,  and  that  said  tracks  and  turnouts 
and  switches  be  so  constructed  and  laid  out  as  to  interfere  as  little  as 
possible  with  the  ordinary  travel  in  the  use  of  the  streets;  to  require  steam 
railways  using  any  portion  of  the  streets  of  the  city  to  pay  all  or  any 
part  of  the  paving,  grading,  draining  and  repair  thereof  along  the  streets 
so  used  by  such  railway,  and  to  light  the  same  whenever  and  wherever 
deemed  necessary  or  advisable;  to  require  any  street  or  electric  railway 
company  to  pay  the  cost  of  the  grading,  paving,  repairing  or  repaving, 
or  otherwise  improving  the  street  or  streets  or  intersections  thereof  used 
or  occupied  by  such  railway  company  and  such  cost  shall  be  a  lien  upon 
the  property  and  franchises  of  the  company.  The  portion  of  the  street 
occupied  by  an  electric  or  street  railway  company  shall  be  deemed  to  be 


•  tlu'  space  between  its  tiacks  and  twenty-four  inches  on  the  outside  of 
eacli  of  its  rails,  and  all  the  space  between  double  tracks,  turnouts  and 
switches. 

Any  railroad  company,  interurban  or  street  railway  company  proposing, 
with  the  permission  of  the  city  of  Dallas,  to  occupy  any  street  or  streets 
already  occupied  by  any  other  such  company  shall,  besides  paying  for 
paving  as  may  be  required  by  the  city  of  Dallas  or  by  the  provisions  of 
this  act,  be  required  also  to  pay  for  paving  between  the  tracks  of  said  two 
roads  within  tw#nty-four  inches  of  the.  track  of  such  other  road,  and  such 
cost  shall  be  a  lien  upon  the  property  and  franchises  of  the  company: 
and  if  the  Board  of  Commissioners  shall  so  direct,  said  street  or  electric 
railway  company  may  be  required  to  pave  the  street  or  streets  occupied  by 
them  from  curb  to  curb. 

Should  any  railroad  or  street  railway  company  propose  to  lay  a  trade 
on  any  street  or  portion  of  a  street  which  shall  have  been  improved  under 
tlie  provisions  of  this  act,  it  shall  become  liable  for  the  portion  of  the 
cost  of  such  improvement  as  the  commission  may  direct,  or  as  is  fixed 
by  this  act. 

N'o  railroad  or  street  railway  company  shall  be  permitted  to  occupy  any 
street  or  portion  of  a  street,  improved  or  otherwise,  not  previously  oc- 
cupied bj^  it,  except  with  the  permission  of  the  Board  of  Commissioners. 

The  City  of  Dallas  shall  have  power,  by  ordinance,  to  require  any  street 
car  or  electric  railway  car  or  electric  railway  corporation,  operating  street 
cars  in,  into  or  through  the  City  of  Dallas,  to  issue  to  its  passengers 
transfers  from  any  of  its  lines  to  any  other  lin"es  within  the  city,  upon 
the  payment  by  said  passenger  of  the  fare  or  rate  prescribed  for  one  con- 
tinuous passage,  whether  such  line  be  owned  by  it  or  any  other  company 
and  in  addition  to  the  penalties  to  be  prescribed  by  ordinance  for  the  fail- 
ure to  give  transfers,  shall  have  the  right  by  mandamus  or  other  proper 
remedy  in  any  court  of  competent  jurisdiction,  to  enforce  any  ordinance  re- 
(juiring  the  giving  of  transfers  by  any  street  railroad  company;  and  in 
addition  thereto  the.  City  of  Dallas  may  recover  of  the  street  railway  com- 
pany the  sum  of  twenty-five  dollars  as  penalty  and  liquidated  damages  for 
each  and  every  failure  to  give  a  transfer. 

It  shall  be  unlawful  to  grant,  to  continue,  amend  or  extend  any  street 
railway  franchise  without  Innding  any  such  railroad  to  give  uniA'ersal 
transfers,  under  provisions  now  fixed  or  hereafter  to  be  fixed  b}'  general 
ordinance. 

2Ga.  All  persons  or  corporations  now  operating  or  hereafter  operat- 
ing within  tlie  corporate  limits  of  tlie  city  of  Dallas,  any  interurban  elec- 
tric railway  line,  either  on  their  own  or  other  street  railway  tracks,  shall 
be  required  to  give  reasonable  local  passenger  service  thereon  within  the 
corporate  limits  of  the  city  of  Dallas  between  all  points  on  said  inter- 
urban line  or  lines  for  a  fare  not  exceeding  five  cents, '  and  to  that  end 
shall  be  required  to  stop  passenger  cars  so  operated  by  them  at  all  street 
crossings  in  said  city,  to  take  on  and  let  off  local  passengers,  provided 
that  this  shall  not  apply  to  any  portion  of  such  interurban  lines  where 
local  service  is  furnished  by  local  cars  to  the  same  extent  as  is  required 
under  the  foregoing  provisions  hereof. 

26b.  Any  person,  persons  or  corporation  operating  an  interurban 
electric  railway  line  within  the  corporate  limits  of  the  City  of  Dallas, 
who  shall  violate  any  of  the  provisions  of  the  foregoing  subdivision  shall 


—25— 

he  liable  to  the  Lity  of  Dallas,  for  a  penalty  of  not  less  than  $100.00  nor 
more  than  $500.00  for  each  offense,  and  which  penalties  shall  be  recovered 
and  suit  therefor  shall  be  brought  in  the  name  of  the  City  of  Dallas,  is 
any  court  of  proper  jurisdiction  in  Dallas  County,  by  the  City  Attorney  of 
said  City  of  Dallas,  Texas,  or  under  his  direction. 

27.  Tlie  City  of  Dallas  shall  have  the  power,  by  ordinance,  to  fix  and 
regulate  the  price  of  water^,  gas  and  electric  lights,  and  to  regulate  and 
fix  the  fares,  tolls  and  charges  of  local  telephones  and  exchanges;  of 
public  carriers  and  hacks,  whether  transporting  passengers,  freight  or 
baggage,  and  generally  to  fix  and  regulate  the  rates,  tolls  or  charges,  and 
the  kind  of  service  of  all  public  utilities  of  every  kind. 

28.  The  City  of  Dallas  shall  have  power  to  direct  and  control  the  lay- 
ing and  construction  of  railroad  tracks,  turnouts  and  switches  and  to  re- 
quire? that  they  shall  be  so  constructed  and  laid  as  to  interfere  as  little 
as  possible  with  the  ordinary  travel  and  use  of  the  streets,  and  to  re- 
quire that  they  be  kept  in  repair,  to  regulate  and  control  the  location  of 
cable  and  other  street  and  railroad  tracks  and  all  steam  railroads  tracks, 
and  to  require  railway  companies  of  all  kinds  to  construct  at  their  own 
expense  such  bridges^  viaducts,  turnouts,  cvilverts,  crossings  and  other 
things,  as  the  Board  of  Commissioners  may  deem  necessary;  to  regulate 
the  speed  of  all  railroad  trains  and  street  cars  and  interurban  railways 
within  the  city  limits  and  their  stops  at  street  crossings  and  to  require 
railroad  and  street  car  companies  and  interurban  railways  to  keep  the 
streets  through  which  they  run,  in  repair,  and  to  require  all  railroad  com- 
panies and  street  railway  and  interurban  companies  to  light  the  streets 
over  or  across  wliicli  street  railway,  interurban  or  railroad  cars  are 
operated,  whenever  deemed  necessary  and  to  prescribe  the  kind  of  light  ta 
be  used,  and  to  levy  special  taxes  on  assessments  upon  them  for  street 
improvement  the  saiue  as  against  property  owners;  to  require  all  railroad 
companies,  street  railway  companies  or  interurban  railway  companies  to 
maintain  gates  or  watchmen  at  street  crossings  when  ordered  b.v  the 
Board  of  Commissioners. 

29.  To  prevent  and  regulate  the  running  of  horse  railwa.v  cars,  or 
cars  propelled  by  dummy  engines  or  other  power,  the  la.ying  down  tracks 
for  same,  the  transportation  of  passengers  thereon,  the  form  of  rail  to 
be  used,  and  everything  used,  and  everything  else  concerning  street  rail- 
ways and  to  levy  special  taxes  or  assessments  against  such  roads  for 
street  improvement,  the  same  as  against  the  property  owner. 

30.  The  Board  of  Commissioners  shall  have  the  power  to  recjuire 
any  corporation  holding  a  franchise  from  the  city  to  allow  the  use  of 
its  tracks,  poles  and  wires  by  any  other  corporation  to  which  the  city 
shall  grant  a  franchise,  upon  the  payment  of  a  reasonable  rental  there- 
for to  be  fixed  by  the  Board  of  Commissioners. 

.31.  Corporations  enjoying  franchises  now  or  hereafter  from  tlie  City 
of  Dallas  shall  not  be  permitted  to  issue  stocks  or  bonds,  except  for 
money  paid,  labor  dime,  or  property  actually  received. 

32.  In  the  event  of  the  issuance  of  such  stock  or  bonds  the  same 
shall  not  be  issued  either  as  to  stock  or  bonds  in  excess  of  the  money 
actually  paid,  or  in  excess  of  the  reasonable  value  of  the  labor  actually 
done,  or  property  actually  received. 

33.  Any  stock  or  bonds  issued  in  contravention  of  the  provisions  of 
this   article   shall   be  void. 


—26— 

34.  Wlienever  any  corporation  enjoying  a  franchise  from  the  City 
of  Dallas  shall  desire  to  issue  any  stock  or  bonds,  it  shall  file  with  the 
City  Secretary  a  statement  showing  the  amount  of  said  stock  or  bonds 
proposed  to  be   issued. 

35.  Whenever  any  corporation  enjoying  a  franchise  from  the  City  of 
Dallas  may  desire  to  issue  any  stock  or  bonds  subsequent  to  its  or- 
ganization, it  shall  file  with  the  City  Secretary  a  statement  showing 
the  amount  of  such  stock  and  the  amount  of  such  bonds  proposed  to  be 
issued,  and  showing  the  purpose  for  which  the  same  are  to  be  issued. 

36.  Upon  application  made,  and  after  thirty  days  public  notice  thereof, 
the  legislative  authority  of  the  City  of  Dallas,  upon  showing  that  the 
necessary  interests  of  the  corporations  require  it,  and  that  such  inter- 
ests are  not  in  conflict  with  the  public  interests,  may  authorize  a  cor- 
poration enjoying  a  franchise  from  the  City  of  Dallas  to  issue  stocks 
and  bonds  with  the  restrictions  herein  imposed;  provided,  that  the  same 
shall  be  subject  to  the  provisions  of  subdivisions  32  and  33  of  this  article, 
and  provided  further,  that  such  authority  shall  never  be  given  for  the 
issuance  of  funding  bonds  to  replace  other  bonds  in  excess  of  the  amounts 
to  which  such  bonds  would  be  limited  by  the  provisions  of  said  sub- 
divisions. 

37.  Every  corporation  holding  a  franchise  or  enjoj'ing  an  easement 
of  any  sort  through,  under  or  from  the  City  of  Dallas,  shall  be  required 
to  prepare  and  file  annually  with  the  Board  of  Commissioners,  within 
sixty  days  after  the  close  of  the  fiscal  year  of  such  corporation,  a  true, 
full  and  correct  statement,  based  upon  its  condition  at  the  close  of 
such  fiscal  year  and  its  transactions  for  the  current  year  which  shall 
exhibit. 

(a)  The  amount  of  all  stock  issues  of  such  corporation,  and  the 
divisions   thereof. 

(b)  An  itemized  statement  of  the  indebtedness  of  such  corporation, 
its  nature  and  division,  whether  floating  or  bonded,  and  the  interest 
payable  on  each  item  thereof. 

(c)  An  itemized  statement  of  the  income  of  such  corporation  and  the 
amounts   derived   from   each   source   of   income. 

(d)  An  itemized  and  detailed  statement  of  the  expenditures  of  such 
corporation. 

(e)  An  itemized  statement  of  all  property  of  every  kind  owned  by 
said  corporati(ni,  wherever  situate  and  the  location  and  fair  market 
value   of   each    item    thereof. 

(f)  Said  annual  statement  shall  be  verified  by  oath  of  a  duly  au- 
thorized officer  or  agent  of  such  corporation,  and  shall  be  spread  upon 
the   minutes    of   the   Board   of   Commissioners. 

If  any  person  signing  such  annual  report  shall  -w'ilfully  make  a  false 
representation  therein,  he  shall  be  guilty  of  perjury,  and  punished  there- 
for as  provided  by  law. 

If  any  corporation  recjuired  to  file  such  report  shall  fail  so  to  do  as 
herein  provided,  it  shall  be  the  duty  of  the  City  Attorney,  after  due 
notice  to  such  corporation  of  such  intention,  to  bring  a  suit  in  the  dis- 
trict court  to  forfeit  the  franchise  granted  by  the  city  to  such  cor- 
poration, and  if  it  shall  appear  to  the  court  that  such  corporation  has 
wilfully  failed  to  make  such  report,  it  shall  render  judgment  in  said 
cause  decreeing  a  forfeiture  of  such  franchise  and  of  all  rights  accruing 
thereunder  to  said  corporation. 


-27— 


ARTICLE  III. 

THE    HOARD    OF    COMMISSIOXKRS. 


1.  All  powers  conferred  on  the  city  shall,  unless  otherwise  provided 
in  this  charter,  be  exercised  by  a  Mayor  and  four  Commissioners,  who 
together  shall  be  known  and  designated  as  the  Board  of  Commissioners, 
all  of  whom  shall  be  elected  bj'  the  qualified  voters  of  the  city  at  large, 
and  shall  devote  their  entire   time   to  .the   service  of  the  city. 

The  Mayor  shall  be  ex-officio  president  of  said  Board  of  Commis- 
sioners, and  shall  have  and  exercise  all  of  the  powers  of  a  member 
thereof. 

2.  On  the  sixth  Tuesday  after  this  act  sliall  take  effect,  and  bien- 
nially thereafter  on  the  first  Tuesday  of  April,  there  shall  be  elected 
at  an  election  to  be  held  in  said  City  of  Dallas,  to  be  called  as  herein- 
after provided,  a  Mayor  and  four  Commissioners,  who  together  shall 
compose  said  Board  of  Commissioners,  and  who  shall  serve  for  the 
term  of  two  years  and  until  their  successors  shall  be  elected  and  shall 
qualify.  Candidates  for  Mayor  and  for  places  on  said  Board  of  Com- 
missioners shall  be  voted  for  separately,  and  candidates  for  Commis- 
sioner-shall be  designated  on  the  official  ballot  as  candidates  for  Com- 
missioner No.  I,  or  No.  2,  or  Xo.  3,  or  No.  4  (said  numbers  to  be  printed 
after  the  designating  title  "Commissioner"),  in  accordance  with  the 
written  requests  which  said  candidate  shall  file  with  the  City  Secretary. 
Each  candidate  for  Commissioner  shall  designate  in  the  announcement 
of  his  candidacy,  and  in  his  request  to  have  his  name  placed  on  the 
official  ballot,  the  number  of  the  place  on  the  Board  of  Commissioners 
for  wliich  he  desires  to  become  a  candidate,  and  such  request  to  be  placed 
on  the  official  ballot  shall  be  filed  in  writing  Avith  the  City  Secretary 
at  least  ten  days  before  such  election  shall  be  held.  The  City  Secre- 
tary shall  prepare  an  official  ballot  in  accordance  with  such  requests 
and  with  the  provisions  hereof,  and  only  svich  ballot  shall  be  used  at 
said  city  election.  The  candidate  at  said  election  for  ^Mayor  or  for  a 
place  on  said  Board  of  Commissioners  who  shall  receive  a  majority  of 
all  the  votes  cast  for  the  office  for  Avhich  he  is  a  candidate  shall  be  de- 
clared elected  to  such  office.  In  the  event  any  candidate  for  either  of 
said  offices  shall  fail  to  receive  a  majority  of  all  votes  cast  for  all 
the  candidates  for  such  office  at  such  election,  the  Maj^or  of  said  city 
shall,  on  the  first  day  following  the  completion  of  the  official  count  of 
the  ballots  cast  at  said  first  election,  issue  a  call  for  a  second  election 
to  be  held  in  said  city  on  the  second  Tuesday  following  the  issuance 
of  such  call,  at  which  said  election  the  two  candidates  receiving  the 
highest  number  of  votes  for  any  such  office  to  which  no  one  was  elected 
at  said  first  election  by  receiving  a  majority  of  all  votes  cast  thereon, 
shall  be  again  voted  for.  The  official  ballot  to  be  used  at  said  second 
election  shall  be  prepared  by  the  City  Secretary  and  the  name  of  no 
person  shall  appear  thereon  unless  he  was  a  candidate  for  the  office 
designated  at  said  first  election,  and  the  two  persons  receiving  at  said 
first  election  the  first  and  second  highest  number  of  votes  cast  for  can- 
didates for  such  office  shall  be  entitled  to  have  their  names  printed  on 
said  official  ballot,  in  the  order  of  their  standing  in  the  computatioi? 
of  the  votes  cast  at  said  first  election,  as  candidates  at  said  second 
election    for    such    off.ee;*  provided,    that    in    the    event    any    person    who 


—28— 

was  a  candidate  at  said  first  election  and  who  shall  be  entitled  to  be- 
come a  candidate  at  said  second  election  shall  fail  to  request  that  his 
name  shall  appear  on  the  official  ballot  therefor,  as  herein  provided, 
the  candidate  for  such  office  standing  next  in  order  in  the  computation 
of  votes  shall  succeed  to  his  rights  with  respect  thereto;  provided, 
further,  that  two  candidates  for  such  office  at  said  first  election  shall 
be  entitled  to  become  candidates  therefor  at  said  second  election,  which 
two  candidates  shall  be  those  two  among  svich  candidates  as  shall 
stand  highest,  respectively,  in  the  computation  of  votes  cast  for  such 
of  said  candidates  at  said  first  election  as  shall  file  written  requests 
to  be  placed  on  the  official  ballot  as  candidates  for  such  office  at  said 
second  election.  In  the  event  of  a  tie  in  the  vote  for  the  two  leading 
candidates  for  any  office  at  said  first  election,  said  office  sliall  be  filled 
at  a  second  election,  as  herein  provided  for,  at  which  such  candidates, 
so  tied  in  said  first  election,  may  again  become  candidates.  In  the 
event  they,  or  either  of  them,  shall  fail  so  to  do,  the  two  candidates  for 
such  office  who  lead  in  the  computation  of  votes  therefor,  and  who 
desire  to  become  candidates  therefor  at  said  second  election,  shall  be 
entitled  so  to  do,  in  the  order  of  their  respective  votes  at  said  first 
election. 

In  the  event  of  a  tie  between  the  two  candidates  for  any  office  at 
said  second  election  they  Shall  cast  lots  to  determine  who  shall  be  elected 
thereto. 

3.  In  case  a  primary  election  is  held  pursuant  to  the  call  or  under 
tlie  direction  of  any  political  party,  or  of  any  association  of  individuals 
f<;r  the  nomination  of  candidates  for  tlie  offices  of  Mayor  and  Com- 
missioners, the  candidates  or  persons  voted  for  in  said  primary  election 
shall  be  voted  for  at  large  by  all  of  the  legally  qualified  voters  in 
said  city  and  upon  the  same  plan  and  under  the  same  system  as  pro- 
vided for  in  the  preceding  section,  it  being  the  purpose  ot  this  act  to 
nominate  and  elect  at  large  in  said  city  ilie  ^layor  and  Commissioners, 
without  restricting  the  nomination  (it  luididates  for  either  position 
to  any  smaller  designated  territory  witliin  Ihc  limits  of  said  city.  A 
candidate  for  any  such  office  who  shall  fail  t(.  if(ci\e  in  any  ]nimary 
election  a  majority  of  all  the  votes  cast  for  ;ili  ciindidates  for  such  oifice 
sliall  not  be  entitled  to  have  his  namr  iili,i!'il  im  the  official  ballot  as 
a  candidate  for  such  office  at  the  regular  cli'ctiiin.  Any  primary  elec- 
tion held  to  select  a  candidate  or  candidates  for  ^Mayoi'  and  for  meni- 
l;ers  of  said  Board  of  Commissioners  which  is  not  conducted  under  the 
majority  rule  system  provided  for  in  Section  2  shall  be  illegal  and 
void,  and  the  nominees  theicof  slmll  not  be  entitled  to  have  their 
names   placed   on   the   official   ballot    to   be   used   in   the   regular   election. 

Independent  candidates  for  Mayor  or  for  positions  on  said  Board  of 
Commissioners  sh.all  be  entitled  to  have  their  names  placed  on  the  of- 
ficial ballot  to  be  used  in  the  regular  election  by  filing  with  the  City 
Secretary,  not  less  than  ten  days  before  such  election,  a  written  petition 
therefor,  wliich  shall  be  signed  by  such  candidate  and  by  at  least  one 
hundred    qnalilied    voters    of   said   city. 

4.  Any  primary  election  and  all  regular  and  special  elections  held 
ill  and  for  said  city  shall  be  governed  in  all  respects  by  the  general 
election   laws   of   the    State,   except   as   herein    specially   provided. 

3.      Each    member    of    the    Board    of    Commissioners    shall,    in    addition 


—29— 

to  llic  (ilher  ([uali(ic:iti(uis  lueserilK'il  liy  law.  be  at  tlu"  dale  of  his 
ek'c-tidii  a  (lualilied  voter  of  tlie  City  (d'  Dallas,  and  siiall  n<>1  lie  in 
anears   in   the   ijayment   of   any   taxes   or   other   liabilities   due   the   eity. 

().  Tlie  :Mayor  shall  be  a  member  of  the  Board  of  Commissioners 
with  all  the  rights,  powers  and  duties  appertaining  thereto.  He  sliall 
be  the  chief  executive  oflRcer  of  said  city,  and  shall  see  that  all  the 
laws  thereof  are  enforced.  It  shall  be  his  special  duty  to  see  that  the 
conditions  of  all  franchises  granted  by  the  city  are  faithfully  complied 
with,  and  that  all  contracts  made  with  the  city  are  faithfully  exe- 
cuted. He  shall  nominate  all  appointive  officers  of  the  city  except 
Auditor,  and  such  nominations  shall  be  subject  to  eontirmation  by  the 
Board  of  Commissioners,  by  a  majority  vote  thereof.  The  :Mayor  shall 
not  be  entitled  to  vote  as  a  member  of  said  board  upon  the  question 
of  the  confirmation  of  any  nomination  for  oflSce  so  made  by  him.  but 
shall  be  entitled  to  vbte  upon  all  other  questions  that  may  be  sub- 
mitted to  or  acted  upon  by  said  board.  The  officers  to  be  thus  nomi- 
nated by  the  :Mayor  and  confirmed  by  the  Board  of  Commissioners 
shall  be  all  oflicers  whose  powers,  or  duties  or  salaries  are  prescribed 
and  defined  by  ordinance  of  said  city.  The  salary  of  the  Mayor  shall 
be  four  thousand  ($4000)  dollars  per  year,  payable  in  e(|ual  montlily 
installments. 

The  Board  of  Commissioners  shall  at  the  beginning  of  their  terms  of 
office  elect  by  ballot,  by  a  majority  vote  of  all  the  members  thereof, 
one  of  their  number  to  act  as  Mayor  pro  tem,  and  the  Commissioner  so 
chosen  shall  be  invested  with  all  the  powers,  and  shall  perform  all  the 
duties    of    the    Mayor,    during   his    absence    or   sickness. 

7.  In  the  case  of  the  death,  resignation  or  permanent  disability  of 
the  Mayor  or  whenever  a  vacancy  in  the  office  of  the  ^Mayor  shall  occur 
for  any  reason,  the  Mayor  pro  tem  shall  act  as  ^Nlayor.  and  shall  possess 
all  the  rights  and  powers  of  the  Mayor,  and  i)erform  all  of  the  duties 
and  receive  his  salary  under  the  official  title,  howovei-,  of  "^layor  pro 
tem."  until  an  election  is  ordered  by  the  Board  of  Commissioners  to  fill 
the  vacancy  in  the  office  of  the  ^Mayor.  Said  election,  should  a  vacancy 
occur  in  the  office  of  Maj^or,  shall  be  called  by  the  Board  of  Commis- 
sioners and  held  within  thirty  days  thereafter,  and  notice  by  publica- 
tion given  for  at  least  twenty  days,  as  may  be  required  by  law;  pro- 
vided, that  in  the  event  such  vacancy  should  occur  within  ninety  days 
of  the  next,  regular  election  to  be  held  either  for  members  of  the  Board 
of  Education  or  for  members  of  the  Board  of  Commissioners  said  elec- 
tion  f(n-   ^layor   shall   be  held   at   said   next   regular   election. 

S.  Die  Board  of  Commissioners,  at  their  first  meeting  after  election, 
or  as  soon  thereafter  as  may  be  practicable,  shall,  by  a  majority  vote, 
designate  from  among  their  members  one  Commissioner  who  shall  be 
known  as  "Police  and  Fire  Commissioner."  and  who  shall  have  under 
his  special  charge  the  enforcement  of  all  police  regulations  of  said  city, 
and  general  supervision  over  the  fire  department  thereof;  one  Com- 
missioner to  be  known  as  the  "Commissioner  of  Streets  and  Public 
Property,"  who,  except  as  herein  otherwise  provided,  shall  have  under 
liis  special  charge  the  supervision  of  the  streets,-  alleys,  public  grounds 
and  other  property  of  said  city,  and  be  charged  with  the  duty  of  light- 
ing the-  streets  and  keeping  the  streets,  alleys,  public  grounds  and  piop- 
erty  in  a  clean  and  sanitary  condition  and  with  the  enforcement  of  all 
rules    and   regulations    necessarv   to   these   ends,   and    who   shall   also   liavo 


— 3U— 

umler  his  special  charge  the  supervision  of  all  public  improvements, 
except  as  herein  otherwise  provided,  and  shall  see  that  all  contracts 
therefor  are  faithfully  complied  with;  and  one  Commissioner  to  be 
known  as  the  "^^'aterworks  and  Sewerage  Commissioner,"  who  shall 
iiavo  under  his  special  charge  the  construction^  maintenance  and  opera- 
tion of  the  waterworks,  sewer  system  and  departments  of  said  city, 
and  shall  see  to  the  enforcement  of  all  regulations  with  respect  to  said 
department  and  with  respect  to  all  the  revenues  pertaining  thereto: 
and  one  Commissioner  who  shall  be  known  as  the  '■;  nmmissioner  of 
Finance  and  Revenue,"  who  shall  have  under  his  special  charge  the  en- 
forcement of  all  laws  for  the  assessment  and  collection  of  taxes  of 
every  kind  and  the  collection  of  all  revenues  belonging  t\j  said  city  from 
whatever  source  the  same  may  be  derived,  and  who  shall  also  examine 
into  and  keep  informed  as  to  the  finances  of  s.uch  city.  It  is  expressly 
provided  that  the  number  by  which  a  Commissioner  was  designated  upon 
the  official  ballot  shall  bear  no  relation  to  and  shall  in  no  manner  be 
considered  in  the  determination  of  the  particular  position  or  oflfice  to 
be  assigned  to  any  Commissioner.  Said  Commissioners  shall  perform 
all  of  the  executive  duties  of  the  respective  departments  to  which  they 
may  be  assigned,  as  above  provided,  but  said  board,  as  a  whole,  shall 
have  supervision  of  and  be  responsible  for  the  administration  of  each 
of  said  departments.  The  salary  of  each  of  said  Commissioners  shall 
be   three   thousand   dollars   per   year,   pa^'able   in   monthly   installments. 

9.  The  Commissioners  named  as  the  head  of  each  department  shall 
audit  all  accounts  or  claims  against  it,  \ndess  he  be  absent  or  fail  or 
refuse  so  to  do,  in  which  event  the  Mayor  shall  appoint  another  Com- 
missioner to  act  in  his  stead  during  his  absence,  or  to  audit  such  claims 
and  accounts  as  the  said  Commissioner  shall  fail  or  refuse  to  act  upon; 
but   before   payment   all   accounts   shall   be   acted  upon   and   approved   by 

.said  Board  of  Commissioners  at  a  meeting  of  said  board.  Said  board 
shall  require  a  statement  to  be  published  monthly  in  the  official  news- 
paper of  said  city  showing  a  fuU^  clear  and  complete  statement  of  all 
taxes  and  otiier  revenue  collected  and  expended  during  the  preceding 
month,  indicating  the  respective  sources  from  which  the  moneys  were 
derived  and  also  indicating  the  disposition  made  thereof,  and  showing 
all   disbursements   during   said   period. 

10.  The  Mayor  and  each  member  of  the  Board  of  Commissioners 
shall  be  required  to  give  bond  in  the  sum  of  ten  thousand  dollars  for 
the    faithful    discharge   of   his    duties.. 

11.  The  Board  of  Commissioners  shall  be  vested  with  the  power  and 
charged  with  the  duty  of  adopting  all  laws  and  ordinances  not  incon- 
sistent with  the  Constitution  and  laws  of  this  State  touching  every  object, 
matter  and  subject  Avithin  the  purview  of  the  local  government  in- 
stituted by  this  act. 

12.  Every  ordinance,  resolution  or  motion  of  the  Board  of  Com- 
missioners shall,  before  it  takes  effect,  be  presented  to  the  Mayor  for 
his  approval  and  signature.  If  he  approves  it,  he  shall  sign  it;  if  he 
disapproves  it,  he  shall  specify  his  objection  thereto  in  writing  within 
two  days  and  return  tlie  same  to  the  Board  of  Commissioners  with 
such  disapproval.  If  he  does  not  retiu-n  it  with  such  disapproval,  nor 
sign  it,  it  shall,  after  two  days,  be  in  effect  and  force,  as  if  he  had 
approved   it. 


—31— 

A  veto  by  tlie  flavor  shall  suspend  the  action  of  the  Board  of  Com- 
missioners for  seven  days,  after  which  time  the  Board  of  Commission- 
ers may  pass  the  same  over  the  veto  of  the  ]\Iayor  hj  a  majority 
vote,  but  in  all  such  cases  the  Mayor  shall  not  be  deprived  of  his  right 
to  vote  as  a  member  of  the  Board  of  Commissioners  by  reason  of  such 
veto.  In  case  the  Mayor's  veto  is  sustained,  the  matter  shall  not  again 
come  before  the  Board  of  Commissioners  Avithin  six  Tuonths.  In  ordi- 
nances or  resolutions  making  appropriations,  the  Mayor  may  veto  any 
or  every  item  therein,  but  such  veto  shall  not  extend  to  the  items  not 
vetoed,  and  those  which  he  approves  shall  become  effective  and  those 
which  he  disapproves  shall  not  become  eflfective,  unless  passed  over  his 
veto   ill   the   manner   above   specified. 

13.  The  Board  of  Commissioners  shall  have  control  and  supervision 
over  all  the  departments  of  the  city,  except  as  herein  otherwise  pro- 
vided, and  to  that  end  shall  have  power  to  make  and  enforce  such 
rules  and  regulations  as  •  they  "may  see  fit  and  proper  for  and  concern- 
ing the  organization,  management  and  operation  of  all  the  departments 
of  said  city  and  whatever  agencies  may  be  created  for  the  administra- 
tion of  its  affairs.  They  shall  have  power  to  create  such  offices  as  they 
may  deem  necessary  for  a  prudent  and  successful  administration  of  the 
affairs  of  the  city,  and  to  fix  the  salaries  of  the  persons  appointed 
thereto;  provided,  that  the  term  of  any  such  office  so  created  by  them 
shall  never  exceed  the  period  of  one  year,  and  they  shall  have  power 
to  abolish  at  any  time  any  such  office  and  to  terminate  the  official  du- 
ties and  relations  of  the  person  occupying  the  same.  The  ]\Iayor  shall 
propose  and  submit  to  the  Board  of  Commissioners  nominations  for  all 
offices  created  by  said  board,  and  said  nominations  shall  be  subject  to 
confirmation  by  a  majority  vote  of  the  board,  not  including  the  A^ote  of 
the  mayor.  In  the  event  any  such  nomination  by  the  Mayor  shall  fail 
of  confirmation  by  the  board,  it  shall  be  the  duty  of  the  Mayor  to 
make  a  temporarj^  appointment  of  an  officer  pro  tem  to  discharge  the 
duties  of  said  position,  who  shall  not  have  been  rejected  by  the  board 
as  a  nominee  of  the  Mayor  for  said  office,  and  to  submit  another  nomi- 
nation to  the  Board  of  Commissioners,  and  to  continue  to  so  submit 
other  nominations  until  one  shall  be  ratified  and  confirmed  by  said 
board. 

Each  member  of  the  Board  of  Commissioners  shall  have  the  right  to 
propose  and  name  the  employes  in  the  department  or  departments  un- 
der his  immediate  supervision,  but  a  majority  of  the  board  shall  have 
the  power  to  reject  any  such  proposal  and  to  discharge  any  officer  or 
employe  of  the  city  except  the  City  Attorney,  Corporation  Judge  and 
Auditor.  All  salaries  and  Avages  to  be  paid  employes  of  the  city,  ex- 
cept as  otherAvise  provided  herein,  shall  be  fixed  and  paid  by  the  Board 
of  Commissioners,  acting  as  a  Avhole,  and  shall  not  become  effective 
unless  at  least  three  members  of  the  board  shall  vote   therefor. 

14.  The  Board  of  Commissioners  shall  meet  at  least  three  times  in 
every  Aveek  in  regular  meeting  at  such  times  as  shall  be  fixed  by  said 
board,  at  the  city  hall  in  said  city,  to  consider  and  take  under  advise- 
ment and  act  upon  such  business  as  may  come  before  them.  A  ma- 
jority of  said  board  shall  constitute  a  quorum  for  the .  transaction  of 
all  business,  but  no  action  of  said  Commissioners  shall  be  effective  un- 
less upon  a  vote  of  the  majority  of  such  quorum,  and  no  ordinance  shall 


—32— 

be  piisst'd  or  bocoiiie  elleitive  without  lecoiviiig  the  votes  of  at  least  three 
members  of  the  board.  No  final  action  shall  be  taken  in  any  matter 
concerning  the  special  department  of  any  absent  Commissioner  unless 
such  business  has  been  made  a  special  order  of  the  day  by  action  at  a 
previous  meeting  of  the  board,  or  such  action  is  taken  at  a  regular 
meeting  of  the  board.  Special  meetings  may  l)e  called  by  the  Mayor 
or  by  any  two  members  of  said  board  at  any  time  to  consider  only 
such  matters  as  shall  be  mentioned  in  the  call  for  said  meeting,  and 
written  notice  thereof  shall  be  given  to  each  member  of  said  board.  All 
sessions  of  said  board,  whether  regular  or  called,  shall  be  open  to  the 
public. 

15.  It  shall  be  the  duty  of  the  ^^fayor,  from  time  to  time,  to  make 
such  recommendations  to  the  Board  of  Commissioners  as  he  may  deeuj 
to  be  f(n-  the  welfare  of  the  city,  and  on  the  first  Monday  in  ^May  of 
each  year,  or  as  soon  thereafter  as  practicable,  to  submit  to  the  Board 
of  Commissioners  the  annual  Inidget  or  estimate  of  the  receipts  and 
exjjenses  of  the  city  for  the  fiscal  year,  each  item  in  which  may  T)e  in- 
creased, reduced  or  omitted  by  tlie  board,  subject  to  the  veto  power  of 
the   Mayor. 

10.  It  shall  be  the  duty  of  the  Board  of  Commissioners,  on  the  second 
Monday  in  May.  or  as  soon  thereafter  as  practicable,  to  appropriate 
such  sums  of  money,  respectively,  for  each  of  the  various  departments 
of  the  city  governnu'ut  a-^  it  may  deem  necessary  for  the  maintenance 
and  operation  thereof  d\uing  the  current  year.  The  current  fiscal  year 
shall  begin  at  12:01  o'clock,  noon,  on  the  first  day  of  ]\[ay  of  each  year. 

In  addition  to  the  departmental  aispropriations  herein  jnox  ided  for, 
tlie  Board  of  Commissioners  shall  also  make  such  ai)propriati<ins  for 
contingent   purposes,  as  uiay  be  deemed  necessary. 

The  appropriatipns  herein  provided  for  shall  be  based  upon  estimates 
sul)mitted  by  the  Mayor  in  his  annual  budget,  provided  the  same  shall 
liave    been    submitted    to   the   board   as    herein    ])rovided. 

The  head  of  each  department  created  by  the  Board  of  Commission- 
ers shall  make  a  written  report  to  the  Mayor,  n<it  later  than  the  5th 
day  of  May  in  each  and  every  year,  showing  the  ojjeration  of  such 
department  for  the  preceding  year.  These  reports  shall  be  transmitted 
to  the  Mayor  and  shall  accompany  and  be  made  a  part  of  the  INIayor's 
report  to  the  Board  of  Commissioners,  which  report  shall  not  be  made 
later  than  the   second  Monday   in  May   in   each  year. 

The  ]\Tayoi-  shall  also  make  such  recommendations  to  the  Board  of 
Commissioners  concerning  the  increase  or  decrease  of  departmental  es- 
timates as  in  his  judgment  may  best  serve  the  interests  of  the  city. 
He  shall  also  submit  an  estimate  for  a  special  contingent  fund  for  the 
current  year. 

In  making  up  thf  budget  allowance  for  any  current  year,  the  Board 
of  Commissioners  sliall  first  make  provisions  for  the  payment  of  the 
interest  and  the  creation,  setting  aside  and  preservation  of  a  legal  sink- 
ing fund  upon  all  of  the  outstanding  indebtedness  of  the  city,  and  make 
provision  for  the  maintenance  of  the  public  school  system  of  the  city 
as  herein  elsewhere  provided,  and  shall  then  make  such  appropriations 
as  the  remaining  revenues  of  the  city  may  justifj^,  to  be  appropriated 
among  the  respective  departments,  or  otherwise  appropriated  for  pub- 
lic  uses,   as   to   the   Board    of   Commissioners    may   seem    best;    provided. 


—38— 

iidwi'vtn-,  tluit  ill  lu)  case  sliall  the  euLiie  appiDiJrialioiiN  so  made,  eoiiipre- 
lieiuling  interest  and  sinking  tnnd  on  the  bonded  debt,  and  appropria- 
tions for  all  other  public  uses  and  purposes',  ever  exceed  the  estimated 
available  resources,  which  shall  be  based  upon  the  probable  revenue  of 
the  city  derived  from  ad  valorem  taxes  upon  the  basis  t)f  the  total 
valuation  of  the  property  for  taxation  for  the  preceding  year,  and  of 
such  other  contingent  revenues  of  the  city  as   will   probably   accrue. 

It  shall  be  deemed  a  malfeasance  for  the  Board  of  Commissioners  to 
make  an  appropriation  in  the  budget,  the  sum  total  of  which  shall  ex- 
ceed the  estimated  available  or  probable  revenues  for  any  current  fiscal 
year. 

17.  'i'he  Hoard  of  t'ommissioners  at  its  secoiul  regular  meeting  in 
•  lune  of  each  year,  or  as  soon  thereafter  as  practicable,  shall  levy  the 
annual  tax  for  such  year,  but  special  taxes  or  assessments  allowed  by 
this  charter  may  be  levied,  assessed  and  collected  at  such  times  as  the 
Board  of  Commissioners  in   each  case  may   provide. 

18.  The  Board  of  Commissioners  shall  have  full  power  to  provide, 
by  ordinance,  for  the  prompt  collection  of  taxes  assessed,  levied,  and 
imposed  under  this  charter,  and  are  hereby  authorized,  and  to  that  end 
may  and  shall  have  full  power  and  authority  to  sell  or  cause  to  be  sold 
all  kinds  of  property,  real  and  personal,  and  may  and  shall  make  such 
rules  and  regulations,  and  ordain  and  pass  all  ordinances  deemed  neces- 
sary to  the  levying,  laying,  imposing,,  assessing  and  collecting  of  any 
taxes  provided  for  in  this  charter.  Unless  otherwise  provided  by  this 
act  and  by  ordinances  passed  thereunder,  all  property  in  such  city  liable 
to  taxation  shall  be  assessed  in  accordance  with  the  provisions  of 
general  laws   of  the   State,  in  so  far  as  applicable. 

19.  The  Board  of  Commissioners  shall  have  the  management  and 
control  of  the  finances  of  the  city  except  as  otherwise  herein  provided. 
They  shall  have  the  power  to  appropriate  money  and  provide  for  the 
payment  of  debts  and  expenses  of  the  city;  to  provide  by  ordinance 
special  funds  for  sj!)ecial  purposes  provided  for  luider  the  provisions  of 
this  character,  and  to  make  the  same  disbiu'sable  only  for  said  purposes, 
and  to  impose  proper  penalties  for  enforcing  the  same;  to  provide  by 
ordinance  for  the  payment  of  any  existing  and  outstanding  .indebtness 
and  for  the  payment  of  any  bonds  that  may  from  time  to  time,  be 
issued,  and  shall  for  such  purposes  have  the  power  to  levy,  assess  and 
collect  a  special  tax. 

20.  The  Board  of  Commissioners  shall  have  the  power  to  fund  or  re- 
fund by  ordinance  the  whole  or  any  part  of  the  existing  debts  of  the 
city,  or  any  future  debt  by  acquiring  and  cancelling  the  evidence  thereof 
and  to  issue  other  bonds  in  lieu  thereof,  either  registered  or  coupon, 
bearing  interest  at  a  rate  not  greater  than  the  original  indebtedness, 
and  to  this  end  may  apply  the  sinking  fund  belonging  to  any  series 
of  bonds  so  refunded,  and  may  pay  and  retire  any  bond  by  using  the 
sinking  fund  thereof. 

21.  Neither  the  Mayor  nor  any  other  membei'  of  the  Board  of  Com- 
missioners, nor  any  elective  or  appointive  employe  of  the  city,  shall  be 
directly  or  indirectly  in  the  employ  of  any  person,  company,  or  corpora- 
tion holding  or  seeking  to  hold  airy  franchise  of  the  City  of  Dallas,  or 
shall  receive,  directly  or  indirectly,  any  Avage,  commission,  fee,  gift,  favor 
or    payment    fnmi    any    such    franchise    holder;    and    a    violation    of    this 


—34— 

section   sliall   ipso   facto   render   vacant    the   position   held   by    the    person 
so  violating  it,  and  shall  be  punished  as  bribery. 

No  member  of  the  Board  of  Commissioners  or  Board  of  Education  or 
any  other  officer  of  the  city  shall  be  directly  or  indirectly  interested 
in  any  work,  business  or  contract,  the  expense,  price  or  consideration 
of  which  is  paid  from  the  City  Treasury,  or  by  any  assessment  levied 
by  ordinance  or  resolution  of  the  Board  of  Commissioners;  nor  be  the 
surety  of  any  person  having  any  contract  work  or  business  with  said 
city  for  the  performance  of  which  security  may  be  reqviired,  nor  be  the 
surety  on  the  official  bond  of  any  officer  of  the  city.  Contracts  in  vio- 
lation of  said  provision  shall  be  void  and  no  member  of  the  Board  of 
Education  shall  be  at  any  time  during  his  term  of  office  directly  or  in- 
directly interested  in  or  in  the  employ  of  any  school  book  publishing 
or  furnishing  company  or  concern  or  school  furniture  company  or  con- 
cern. 

22.  The  Board  of  Commissioners  shall  by  ordinance  adopt  such  rules 
and  regulations  for  its  government  and  order  of  business  as  its  members 
may  deem  best.  It  shall  be  the  judge  of  the  qualifications  and  elec- 
tion of  its  members,  including  the  Mayor,  and  shall  have  authority  to 
recount  the  votes  cast  for  either  of  its  members,  and  to  correct  the 
result  which  may  have  been  theretofore  declared,  in  the  event  notice 
of  a  contest  of  any  such  election  shall  be  given  within  thirty  days 
after  such  election  shall  have  been  held.  It  shall  also  be  the  judge  of 
the  election  and  qualification  of  all  other  city  officers  subject  to  the 
provisions  of  this  act  applying  thereto.  It  may  punish  members,  or 
other   persons,   diu-ing  its   sittings   by   fine   for   disorderly  conduct. 

23.  Each  Commissioner  and  the  secretary  of  the  Board  of  Com- 
missioners shall  be,  and  they  are  hereby  authorized  to  administer  oaths 
in   the   municipal   afi'airs   and  government   of   the   city. 

24.  If  a  vacancy  shall  occur  in  the  Board  of  Commissioners  (except- 
ing the  Mayor)  or  the  office  of  City  Attorney  or  Corporation  Judge, 
the  mayor  shall  nominate  a  person  to  fill  the  unexpired  4^erm  of  such 
office,  and  submit  his  name  to  the  Board  of  Commissioners.  If  such 
nomination  shall  receive  the  approval  of  three  members  of  the  board, 
not  including  tlie  Mayor,  said  appointment  sliall  take  eft'ect  from  the  date 
of  such  confirmation.  In  the  event  said  board  sliall  fail  or  refuse  to  con- 
firm such  nomination,  the  Mayor  sliali  submit  another  nomination  of 
a  difl'erent  person  for  said  office,  and  shall  continue  so  to  do  until  a 
nomination  so  made  by  him  shall  be  confirmed  by  the  Board  of  Com- 
missioners. In  the  event  of  a  vacancy  in  the  office  of  City  Attorney, 
or  Judge  of  the  corporation  court,  which  shall  not  be  promptly  filled 
as  above  provided,  it  shall  be  the  duty  of  the  Mayor  to  appoint  an 
officer  pro  tem  to  perform  the  duties  of  siieh  vacated  office,  which  said 
pro  tem  officer  shall  be  entitled  to  receive  the  regular  salary  for  said 
services  for  the  time  he  shall  perform  them,  and  shall  serve  in 
said  capacity,  vuitil  said  office  shall  be  filled  in  '  accordance  with  this 
act. 

In  the  event  a  vacancy  shall  occur  in  the  office  of  Auditor  it  shall 
be  the  duty  of  the  ininiinaiing  board  created  under  the  provisions  of 
this,  act  to  convene  and  make  a  nomination  or  nominations  for  said 
office  until  the  same   sliall  be   filled  in  accordance  with   said  provisions. 


-35- 


ARTICLE  IV. 

OTHER    OFFICERS    AXD    THEIR     DUTIES. 


The  Mayor  shall,  on  tlie  second  Tuesday  in  April,  1908,  and  on  the 
fourth  Tuesday  in  April,  lUUi),  and  biennially  thereafter,  submit  to  the 
Board  of  Commissioners  a  nomination  for  the  office  of  City  Attorney, 
and  said  board  shall  confirm  or  reject  such  nomination  by  a  majority 
\(jte  thereof,  not  including  the  Mayor.  The  votes  of  tliree  members  of  said 
b(  ard  shall  be  sufficient  to  confirm  or  to  reject  such  nomination  and  in 
the  event  such  nomination  shall  be  rejected,  it  shall  be  the  duty  of  the 
^layor  to  submit  the  name  of  a  difi'erent  person  to  the  Board  of  Com- 
missioners as  nominee  for  said  oflfice  and  he  shall  continue  so  to  do 
■until  a  nomination  so  made  by  him   shall  be  confirmed  by  said  board. 

The  city  Attorney  shall  receive  such  salary  as  shall  be  fixed  by  the 
Board  of  Commissioners  at  the  beginning  of  his  term  and  said  com- 
pensation shall  not  be  increased  or  diminished  during  his  term  of  oflSce. 
The  City  Attorney  chosen  in  1908  shall  serve  until  his  successor  shall 
be  chosen  as  herein  provided  and  shall  qualify.  Said  officer  shall  rep- 
resent the  city  in  all  litigation  and  controversies.  The  Board  of  Com- 
missioners shall  be  empowered  at  its  discretion  to  employ  an  assistant 
or  assistants  for  said  officer,  and  to  fix  the  compensation  to  be  paid 
for  such  service,  and  such  City  Attorney  and  his  assistants  shall  have  au- 
thority to  administer  oaths  and  affidavits.  It  shall  be  the  duty  of  the 
City  Attorney  to  approve  in  writing  all  proposed  ordinances  before  they 
shall  be  adopted,  or  to  file  with  the  Board  of  Commissioners  in  writing 
his  objections  thereto.  It  shall  be  his  duty  to  draft  all  proposed  ordi- 
nances granting  franchises,  and  in  the  event  he  shall  not  approve  any 
such  proposed  ordinance,  it  shall  be  his  duty  to  file  with  the  Board  of 
Commissioners,  in  writing  his  objections  thereto.  It  shall  be  the  duty 
of  said  oflficer  to  inspect  and  pass  upon  all  papers,  documents,  contracts 
and  other  instruments  in  which  the  city  may  be  interested.  He  shall 
be  the  legal  advisor  of  the  ]Mayor,  the  Board  of  Commissioners  and 
Board  of  Education,  or  any  committee  thereof,  and  all  city  offices  and 
employes  with  respect  to  any  legal  question  involving  an  official  duty 
or  any  other  matter  pertaining  to  the  aff"airs  of  the  City  of  Dallas.  The 
City  Attorney  shall  perform  such  other  duties  as  the  Board  of  Com- 
missioners may  direct.  Whenever  it  shall  be  brought  to  the  knowledge 
of  the  City  Attorney,  through  the  affidavit  of  ten  credible  persons  or 
otherwise,  that  any  person,  firm  or  corporation  exercising  and  enjoy- 
ing any  franchise  or  privilege  from  the  City  of  Dallas  has  been  guilty 
of  a  breach  of  any  condition  of  such  grant,  or  has  failed  to  comply 
in  any  material  matter  with  the  terms  and  stipulations  thereof,  it  shall 
be  the  duty  of  said  officer  to  make  report  of  said  matter  to  the  Board 
of  Commissioners,  together  with  all  facts  bearing  upon  the  same  which 
may  be  brought  to  his  attention.  If  said  board,  shall  determine  that 
said  complaints  are  well  founded,  it  shall  be  its  duty  to  take  such 
action  a?  may  be  necessary;  and  in  the  event  the  offending  corporation 
shall  fail  or  refuse  to  conform  to  such  orders  as  it  may  make  with 
respect  thereto,  it  shall  be  the  duty  of  the  board  to  direct  the  City 
Attorney  to  institute  suit  in  the  court  having  jurisdiction  thereof  against 
such  person,  firm  or  corporation  so  offending  to  obtain  a  judgment  of 
forfeiture   of   said   franchise   or  privilege. 


—36— 

2.  There  shall  be  a  ciimt  tm-  the  trial  of  iiiistleineanor  (iHeiises  kixjwn 
as  the  "Corporation  Court,"  witli  such  powers  and  duties  as  are  defined 
and  prescribed  in  an  act  of  the  Legislature  of  the  State  of  Texas,  and 
any  acts  amendatory  thereof,  entitled,  "An  Act  to  establish  and  create 
in  each  of  the  cities,  towns  and  villages  of  this  State,  a  State  courl. 
to  be  known  as  tlie  'Corporation  Court'  in  each  city,  town  or  village, 
and  to  prescribe  the  jurisdiction  and  organization  thereof,  and  to  abolish 
'municipal  courts;!"  said  act  having  been  presented  to  the  Governor 
of   Texas   March    15,    1899,   and   not   having   been    by   him    disapproved. 

The  Magistrate  of  said  court  shall  be  known  as  the  "Judge  of  the 
Corporation  Court,"  he  shall  be  a  qualified  voter  of  the  City  of 
Dallas,  shall  be  appointed  by  the  Mayor  and  confirmed  by  the  Board 
of  Commissioners,  shall  hold  his  office  for  two  years,  unless  sooner  re- 
moved by  impeachment,  and  shall  receive  such  salary  as  may  be  fixed 
by  the  Board  of  Commissioners,  which  salary  shall  not  be  increased  or 
diminished  during  his  term  of  office.  There  shall  be  a  clerk  or  clerks 
of  said  court,  and  such  deputies  as  may  be  created  or  provided  for  by 
ordinance  adopted  by  the  Commissioners,  which  deputies  shall  be  ap- 
pointed by  the  Mayor  and  confirmed  by  the  Board  of  Commissioners, 
shall  be  subject  to  removal  at  any  time  by  the  Board  of  Commission- 
ers, and  shall  receive  such  salary  as  may  be  fixed  by  the  Board  of  Com- 
missioners. 

The  clerk  or  clerks  of  said  court  and  tlie  deputies  tliereof  shall  have 
the  power  to  administer  oaths  and  affidavits,  make  certificates,  affix 
the  seal  of  said  court  thereto,  and  generally  to  do  and  perform  all  things 
and  acts'  usually  or  necessary  to  be  performed  by  clerks  of  courts  in 
issuing   process   of    said   courts   and   ronduclin<;-    the    Imsiness    thereof. 

The  Board  of  Commissioners  may  require  sucli  cleik.  clerks  nr  deputies 
created  by  it  to  perform  such  other  duties,  in  addition  to  the  duties 
of  clerk  or  deputy  clerk,  as  may  be  prescribed,  oi'  may  provide  that 
some  other  employe  or  employes  of  the  city,  in  addition  to  otlier  duties, 
may  perform  the  duties  of  such  clerk  or  deputy  clerk,  without  extra 
compensation. 

The  Mayor  shall  within  fifteen  days  after  his  election  and  (pialiHeation 
for  the  years  1908  and  1909,  and  biennally  thereafter,  nominate  and  sul)- 
mit  to  the  Board  of  Commissioners  for  confirmation,  the  name  of  a 
person  proposed  by  him  for  the  office  of  Judge  of  said  corporation  court. 
Said  officer  shall  be  a  regularly  licensed  and  practicing  attorney  and 
a  qualified  voter  of  the  City  of  Dallas,  and  shall  have  resided  in  said 
city  at  least  three  years  before  said  appointment.  He  shall  receive 
for  his  services  such  compensation  as  may  be  fixed  by  the  Board  of 
Commissioners  and  sucli  compensation  shall  not  be  changed  during  his 
term  of  office. 

If  the  Board  of  Commissioners  should  fail  or  refuse  to  confirm  any 
nomination  for  judge  of  the  corporation  court,  it  shall  be  the  duty  of 
the  ^Nlayor  to  siibmit  another  nomination  for  such  office  and  to  continue 
so  to  do  until  a  nomination  shall  be  confirmed.  The  Mayor  shall  have 
authoiity  to  make  a  temporary  appointment  to  fill  a  vacancy  in  said 
office,  to  continue  until  an  appointment  thereto  made  and  submitted 
by  him  to  the  Board  of  Commissioners  shall  be  confirmed  thereby,  which 
said  temporary  appointee  shall  not  have  been  theretofore  )-ejected  by  the 
Board    of    Commissioners    as    a    nominee    for    said    office. 


.5.  'J'he  presidents  of  tlie  several  banks  situate  in  the  City  of  Dallas, 
iiicorixnated  undei-  any  act  of  Congress  or  the  laws  of  the  State  of  Texas, 
and  in  existence  at  the  time  this  act  shall  take  efl'ect.  and 
their  successors  in  said  ofiiees,  who  shall  cjnalify  by  taking  the  oath 
of  office  prescribed  by  the  Constitution  of  the  State  of  Texas,  shall 
i)e  and  are  hereb}'  constituted  a  nominating  board,  which  shall  be  em- 
powered, by  a  majority  vote  of  the  acting  members  of  said  board,  to 
nominate  an  Auditor  for  the  City  of  Dallas.  Said  board  shall  meet 
within  fifteen  days  after  the  tirst  day  of  April  of  the  year  1908,  and  shall 
(  rganize  by  electing  a  president  and  secretary  from  its  own  members. 
Three  members  shall  be  sufKcient  to  constitute  a  quorum.  Said  board 
shall  then  proceed  to  select,  by  ballot,  a  nominee  for  Auditor,  and  shall 
certify  such  action  to  the  Board  of  Commissioners.  It  shall  be  the  duty 
of  said  board,  immediately  on  receipt  of  such  certificate  from  said  nomi- 
nating board,  to  convene  and  to  confirm  or  reject  such  nomination.  If 
three  members  of  said  beard  shall  vote  to  confirm  such  nomination,  it 
shall  be  confirmed,  and  if  three  members  of  the  board  shall  vote  to  re- 
ject the  same,  it  shall  be  rejected,  and  in  such  event,  the  board  shall 
certify  its  action  to  said  nominating  board,  which  shall  then  propose 
the  name  of  a  diflferent  person  for  said  office,  to  be  selected  by  it  as 
hereinbefore  provided,  and  shall  thus  continue  to  make  nominations  for 
said  office  until  a  person  thus  nominated  shall  be  confirmed  by  the 
Board  of  Commissioners.  In  the  event  the  Board  of  Commissioners 
should  fail  or  refuse  to  confirm  the  first  nomination  made  by  said  nomi- 
nating board,  it  shall  be  the  duty  of  such  nominating  board  to  desig- 
nate an  Auditor  pro  tem,  w'ho  shall  be  empowered  to  perform  all  the 
duties  of  Auditor  and  shall  receive  the  salary  of  said  officer  until  said 
office  shall  finally  be  filled  by  confirmation,  by  the  Board  of  Commission- 
ers, of  a  nomination  made  by  said  nominating  board  in  accordance  with 
the  provisions  of  this  section.  The  person  thus  nominated  and  confirmed 
as  Auditor  in  the  year  1908,  shall  serve  in  said  capacity  until  the  15th 
day  of  April,  1909,  and  until  his  successor  shall  be  chosen  and  shall 
([ualify.  Within  fifteen  days  after  the  first  day  of  April.  1909,  and 
biennially  thereafter,  sa'id  nqminating  board  shall  meet  and  propose  a 
nomination  for  said  office,  and  the  saiue  shall  be  acted  on  by  the  Board 
of  Commissioners  chosen  during  said  month  as  herein  provided.  Said 
officer  chosen  in  the  year  1909,  and  thereafter,  shall  serve  for  the  term 
of  two  years  and  until  his  successor  shall  be  chosen  and  shall  qualify. 

It  shall  be  the  duty  of  the.  Auditor  to  examine  in  detail  all  bills,  ac- 
counts and  claims  against  the  said  city,  and  if  found  correct,  to  sign 
his  name  in  approval  thereof,  but  if  found  incorrect  he  shall  return 
them  to  the  party  presenting  the  same  for  correction.  He  shall  be  the 
general  accountant  of  the  said  city,  and  shall  keep  in  books  regular 
accounts  of  all  reaj,  personal  and  mixed  property  of  the  said  city;  of 
all  receipts  and  disbursements  of  money;  and  under  proper  heads,  sep- 
arately, each  source  of  receipt  and  the  cause  of  each  disbursement;  and 
shall  also  keep  an  account  with  each  person,  including  the  officers,  who 
liave  money  transactions  with  the  said  city,  crediting  amounts  allowed 
by  proper  authority,  and  specifying  the  particular  transaction  to  which 
such  entries  apply.  It  shall  be  his  duty  at  least  once  in  each  month  to 
examine  the  books  of  account  of  all  officers  of  said  city  charged  with 
the   receipt   and   disbursement   of   money,  and   if  they   be   found   incorrect. 


—38— 

to  at  once  make  a  report  in  writing  of  the  same  to  the  Mayor.  It  shall 
also  be  his  duty  to  examine  all  warrants  and  countersign  the  same  after 
appropriation  has  been  duly  made  to  pay  the  same  by  said  Board  of 
Commissioners.  He  shall  certify  to  the  correctness  of  all  monthy  re- 
ports which  shall  be  published  by  the  Board  of  Commissioners,  as  re- 
quired by  Article  3  hereof.  It  shall  be  his  duty  to  ascertain  whether 
any  expenditure  made  or  proposed  to  be  made  by  the  city  is  excessive, 
either  in  the  price  of  the  thing  purchased,  the  computation  of  the 
cliarge  or  otherwise,  and  if  he  shall  so  find,  he  shall  make  report  thereon 
to  the  Board  of  Commissioners  and  state  the  facts  in  his  certificate  to 
be  attached  to  the  monthly  report  to  be  published  as  herein  provided 
for.  He  shall  receive  for  his  services  a  salary  of  three  thousand  dol- 
lars ($3000)  per  annum,  payable  in  equal  monthly  installments,  and 
shall  give  bond  for  the  faithful  performance  of  his  duties  in  the  sum 
of  ten  thousand  dollars  ($10,000),  with  two  or  more  good  and  sufficient 
sureties,  to  be  approved  by  the  Mayor  and  by  the  Commissioner  of 
Finance  and  Revenue. 

5.  The  City  Attorney,  Judge  of  the  corporation  court  and  Auditor, 
shall  each  serve  for  the  period  of  two  years;  provided,  the  appointments 
thereto  made  in  the  year  1908,  shall  run  for  the  period  of  only  one  year 
and  until  the  successors  of  such  officers  shall  be  chosen.  The  City  At- 
torney and  Judge  of  the  corporation  court  shall  receive  such  compensa- 
tion as  may  be  fixed  by  the  Board  of  Commissioners  at  the  beginning 
of  their  terms,  and  such  compensation  shall  not  be  increased  or  dimin- 
ished during   such   terms. 

G.  The  City  Attorney,  Judge  of  the  corporation  court  and  Auditor 
shall  not  be  subject  to  removal  from  office  by  the  Board  of  Commis- 
sioners, but  such  above  named  officers  and  Mayor  and  each  member  of 
the  Board  of  Commissioners  may  be  removed  by  impeachment  in  the 
manner  provided  by  general  law  for  the  impeachment  of  county  officers. 

7.  The  Board  of  Commissioners  shall  have  power  to  provide  for  such 
other  officers  and  employes  as  may  be  necessary,  to  fix  the  compensa- 
tion to  be  paid  thereto,  and  to  employ  such  service  and  to  make  such 
compensation  therefor  as  may  seem  expedient  and  necessary  to  the 
board;  provided,  that  a  majority  thereof  shall  approve  such  action,  and 
provided  further,  that  all  officers  other  than  those  specially  mentioned 
herein  shall  hold  their  offices  for  a  term  of  not  exceeding  one  year,  and 
shall  be  subject  to  removal  at  any  time  by  the  Board  of  Commission- 
ers. 

8.  The  office  of  City  Treasurer  sliall  be  let  by  contract  to  the  highest 
and  best  bidder  in  the  discretion  of  the  Board  of  Commissioners.  The 
Board  of  Commissioners  shall,  not  less  than  thirty  days  prior  to  the 
expiration  of  the  term  of  office  of  the  present  City  Treasurer,  and  every 
two  years  thereafter,  advertise  for  bids  for  the  said  office,  stating  what 
said  bids  shall  specify  and  the  terms  on  which  such  "bids  shall  be  re- 
ceived. The  Treasurer  appointed  by  contract  shall  nevertheless  be  an 
officer  of  the  city  and  subject  to  the  same  duties  as  a  Treasurer  other- 
wise elected.  Said  Troasuror  shall  give  such  bond  as  the  Board  of  Com- 
missioners may  reipiiir.  cnnditiniiod  for  the  faithful  discharge  of  his 
duties.  He  shall  reeoive  and  securely  keep  all  moneys  belonging  to  the 
city,  and  make  all  payments  for  the  same  upon  an  order  signed  by  the 
Mayor    and    countersigned    by    the    Auditor,    except    that    payments    from 


—39— 

the  school  funds  shall  be  upon  an  order  signed  by  the  president  of 
the  Board  of  Education,  countersigned  by  the  Auditor  and  attested 
by  the  secretary  of  said  board;  provided,  that  no  order  shall  be  paid 
unless  it  shows  upon  its  face  that  the  Board  of  Commissioners  or  board 
of  Education,  as  the  case  may  be,  has  ordered  its  issuance,  and  for 
what  purpose.  He  shall  render  a  full  and  correct  statement  of  his  re- 
ceipts and  payments  to  the  Board  of  Commissioners  at  their  first  regu- 
lar meeting  in  every  month,  and  at  such  other  time  as  the  Board  of 
Commissioners  may  require.  He  shall  perform  such  other  acts  and 
duties  as  the  Board  of  Commissioners  m5ay  require,  and  shall  receive 
for  his  services  five    ($5)   dollars  per  annum. 

ARTICLE  V. 

PUBLIC    SCHOOLS. 

1.  The  city  public  schools  shall  be  under  the  management  and  control 
of  a  Board  of  Education,  composed  of  a  president  and  six  members,  who 
shall  be  elected  on  the  first  Tuesday  of  April,  1908,  and  at  a  regular 
election  to  be  held  biennially  thereafter  on  the  first  Tuesday  of  April, 
and  shall  hold  their  offices  for  two  years  and  until  their  successors  are 
elected  and  qualified.  Any  vacancy  occurring  in  the  Board  of  Educa- 
tion shall  be  filled  by  an  election  to  be  held  by  said  board,  and  the 
person  elected  shall  hold  office  for  the  unexpired  term.  The  members  of 
said  board  shall  serve  without  compensation,  shall  have  exclusive  con- 
trol of  the  public  schools  of  the  City  of  Dallas,  and  shall  have  full  and 
ample  authority,  in  accordance  with  the  provisions  hereof,  to  provide  neces- 
sary school  buildings  and  facilities,  and  to  open  and  conduct  a  sufficient 
number  of  schools  to  meet  the  wants  of  the  scholastic  population  of  the  City 
of  Dallas,  so  far  as  they  can  do  so  by  prudent  and  judicious  application 
of  the  means  made  subject  to  their  administration  and  management. 
Among  the  powers  hereby  conferred  on  said  Board  of  Education,  the 
following  are  for  greater  certainty  enumerated:  To  contract  for,  lease 
and  purchase  lots,  and  to  construct  buildings  for  school  purposes,  and 
to  make  all  needed  repairs  and  alterations  in  same;  to  furnish  said 
school  buildings  with  all  appropriate  furniture,  fixtures  and  apparatus; 
to  sell  or  dispose  of  school  property  when  the  same  is  necessary  or  ad- 
visable; to  lay  off  the  city  into  such  school  districts  as,  in  the  judgment 
of  the  said  board,  shall  be  proper;  to  increase  or  diminish  said  districts, 
and  to  change  the  boundaries  thereof  at  pleasure;,  to  employ  superin- 
tendents, teachers  and  such  other  persons  as  may  be  necessary,  and 
to  fix  their  compensation  and .  prescribe  their  duties,  and  to  establish 
all  such  regulations  and  rules  deemed  necessary  by  the  board  to  pro- 
vide and  maintain  an  efficient  system  of  public  schools  in  the  City  of 
Dallas.  The  Board  of  Commissioners,  when  levying  the  annual  tax  for 
the  fiscal  year,  shall  levy  an  ad  valorem  tax  of  one-fourth  of  one  per 
centum  of  the  taxable  value  of  the  City  of  Dallas  for  that  fiscal  year, 
and  said  tax,  when  collected,  shall  be  deposited  with  the  City  Treasurer 
by  the  Board  of  Commissioners  to  the  credit  of  the  school  fund,  which 
said  sum,  together  with  all  sums  received  from  the  State,  county  and 
other  school  funds,  shall  be  held  by  the  City  Treasurer  subject  to  the 
order  and  disbursement  of  the  Board  of  Education,  and  shall  be  paid 
out  upon  warrants  issued  by  order  of  said  Board  of  Education,  audited 
by   the   City   Auditor  and   signed   by   the   president   and   secretary   of   the 


—40— 

Board  of  Education.  An  official  statenicnt  or  copy  of  all  contracts, 
(daiiiis.  accounts,  pay  rolls  and  demands  of  whatever  nature  whereby 
any  money  is  to  be  disbursed  or  expended  from  the  school  funds  and 
also  complete  annual  reports  showing  the  operations  of  the  schools, 
shall  be  filed  with  the  City  Auditor,  who  shall  examine,  adjust  and  audit 
all  claims,  accounts,  pay  rolls  and  demands  before  same  shall  be  paid. 
The  school  board  may  enter  into  contracts  by  competitive  bids  with 
])ublishers  and  dealers  in  school  supplies  for  furnishing  to  the  patrons 
or  pupils  of  the  public  schools  of  the  city  any  and  all  books,  stationery 
and  school  supplies  re(]uired  by  the  city  schools  at  such  prices  as  may 
be  agreed  upon  by  and  between  the  board  and  such  publishers  or  deal- 
ers, in  no  case  to  exceed  the  list  prices  of  the  same  articles  in  the  book 
stores  of  the  city,  and  when  such  contracts  or  agreements  are  made  by 
the  Board  of  Education  it  shall  be  the  duty  of  the  secretary  of  the  Board 
of  Education  to  keep  constantly  on  hand,  and  to  furnish  to  the  patrons 
oi-  pupils  of  the  city  schools,  the  various  books,  stationery  and  supplies 
thus  agreed  upon  and  at  the  prices  agreed  upon  by  the  Board  of  Education; 
provided,  that  no  profit,  compensation  or  commission  shall  ever  be  al- 
lowed to  or  collected  by  said  board,  its  secretary  or  any  member  thereof, 
upon  the  agreed  or  contract  prices  at  which  the  publishers  or  dealers 
furnish  the  same  to  the  Board  of  Education  under  any  such  agreement 
or  contract;  provided,  that  this  subdivision  of  this  act  shall  be  sub- 
ject to  the  provisions  of  the  uniform  text-book  act  applying  to  the 
same  subject  matter. 

2.  The  president  of  the  Board  of  Education  shall  be  elected  and 
liold  his  office  as  hereinbefore  provided.  He  shall  preside  over  all  meet- 
ings of  the  Board  of  Education,  and  in  case  of  a  tie  on  any  question, 
he  shall  give  the  easting  vote,  but  in  elections  he  shall  vote  as  other 
members  of  the  board.  He  shall  be  acti\e  in  enforcing  the  laws,  r^iles 
and  regulations  governing  said  board.  He  shall,  from  time  to  time, 
give  information  about  the  condition  of  affairs,  and  recommend  for  con- 
sideiation  such  measui'cs  as  he  deems  best  for  the  schools.  At  the  first 
regular  meeting  of  the  Board  of  Education  after  the  general  election 
or  as  soon  thereafter  as  practicable,  the  president  shall  appoint  the 
standing  committees  of  the  board,  and  the  president  shall  be  exofficio 
a  membei-  of  all  eommitlees  of  the  board.  He  shall  have  the  power  to 
veto  any  resolution,  by-law,  motion  or  (.rder  passed  by  the  Board  of  Ed- 
ucation, by  filing  his  written  objections  within  three  days  after  the 
passage  thereof,  Sundays  and  day  of  passage  excluded.  At  the 
next  meeting,  or  as  soon  thereafter  as  practicable,  the  board  shall  con- 
sider such  objections^  and  unless  the  board  shall  pass  the  measure  over 
his  veto  by  a  two-thirds  vote  of  all  the  members,  taken  by  yeas  and 
nays,  such  measure  shall  be  of  no  effect.  The  regular  meetings  of  the 
board  shall  be  at  such  times  as  the  board  may  fix  by  resolution  or 
otherwise,  but  the  president,  on  his  own  motion,  may  call  special  meet- 
ings by  written  notice  thereof  served  upon  each  member  or  left  at  his 
place  of  abode  or  usual  place  of  business.  At  the  first  meeting  of  each 
new  board,  or  as  soon  thereafter  as  practicable,  the  board  shall  elect 
one  of  the  members  vice-president^  who  shall  hold  his  oflfice  for  two 
years.  Tn  case  of  absence,  failure,  inability  or  refusal  of  the  president 
to   act,   the   vice-president    shall    perform    the   duties   of   the   president.      In 


—41— 

the    absence    of    the    president    .uul    vice-president,    any    one    of    the    mem- 
bers  may  be  chosen  to   preside. 

3.  The  Board  of  Education  shall  have  power,  when  money  for  that 
purpose  is  available  from  the  general  fund,  or  is  voted  therefor  by 
special  tax,  to  establish  and  maintain  a  system  of  kindergartens  in  con- 
nection with  the  public  schools. 

4.  Whenever  the  amount  involved  in  any  purchase  or  sale  of  prop- 
erty proposed  to  be  made  by  the  Board  of  Education  shall  equal  or  ex- 
ceed the  sum  of  one  thousand  dollars,  it  shall  be  the  duty  of  said  board 
to  certify  its  action  with  respect  to  said  matter  to  the  Board  of  Com- 
missioners, and  said  board  shall  have  the  power  to  veto  and  nullify 
said  action  within  five  days  after  being  notified  thereof,  but  to  become 
effective  svich  veto  must  be  supported  by  and  receive  the  votes  of  four 
members  of  said  board  and  such  action  must  be  taken  within  five  days 
after  notice  in  writing  of  the  terms  of  such  proposal  shall  have  been 
filed  by   the   Board  of   Education   witli   the   Board   of  Commissioners. 

ARTICLE  VI. 

THE     PARK     BOARD. 

1.  V/ithin  thirty  days  after  the  1st  day  of  April,  1008,  or  as  soon 
thereafter  as  practicable,  and  on  the  fourth  Tuesday  in  April,  1909,  and 
biennially  thereafter,  the  Mayor  shall  appoint  four  qualified  voters  of 
the  City  of  Dallas^  subject  to  confirmation  by  the  Board  of  Commis- 
sioners, who  shall,  with  the  Mayor,  constitute  the  Park  Board  of  said 
city,  and  who  shall  serve  for  a  period  of  two  years  and  until  their 
successors  are  appointed  and  qualified.  Said  Park  Board  shall  have  ex- 
clusive jurisdiction  over  the  control,  management  and  maintenance  of 
the  public  parks  of  the  City  of  Dallas  with  power  to  acquire  in  the 
name  of  the  city  land  for  park  purposes,  except  as  herein  otherwise 
provided. 

2.  All  funds  appropriated  and  set  aside  for  public  parks,  whether 
derived  from  appropriations  made  by  the  Board  of  Commissioners,  or 
from  tax  levies,  or  from  any  other  source  whatsoever  shall  be  deposited 
with  the  City  Treasvu-er  to  the  credit  of  the  park  fund,  and  paid  out 
only  upon  order  of  said  Park  Board  after  same  shall  have  been  audited 
by  the  City  Auditor. 

3.  The  Park  Board  shall  adopt  such  rules  and  regulations  as  it  may 
deem  best  for  the  management  of  the  public  parks  of  the  city,  and  shall 
elect  one  of  its  members   president  of  the  Park  Board. 

The  said  Park  Board  shall  render  to  the  Board  of  Commissioners  quar- 
terly reports  for  the  quai'ters  ending  the  last  day  of  September,  Decem- 
ber, March  and  June,  or  as  soon  after  the  end  of  each  quarter  as  prac- 
ticable, showing  in  detail  all  the  transactions  of  said  board  for  that 
(]uarter. 

4.  The  Board  of  Commissioners  when  levying  the  taxes  for  each  fiscal 
year  shall  levy  an  ad  valorem  tax  of  one-tenth  of  one  per  cent  of  the 
assessed  value  of  all  real  and  personal  property  in  the  city  not  exempt 
from  taxation  by  the  Constitution  and  laws  of  the  State  for  the  use 
and  benefit  of  the  park  fund.  Said  tax,  when  collected,  shall  be  deposited 
with  the  City  Treasurer  to  the  credit  of  the  park  fund,  and  said  sum. 
together  with  all  sums  received  from  other  sources,  shall  be  held  by  the 
City  Treasurer  subject  to  the  order  and  disbursement  of  the  Park  Board 


for  acquiring  additional  land  for  parks  and  improving  and  maintain- 
ing parks,  and  shall  be  paid  out  upon  warrants  issued  by  the  Park 
Board,  signed  by  the  president  of  said  board,  and  countersigned  by  the 
City  Auditor. 

5.  Said  Park  Board  shall  have  power  to  contract  for  and  to  let  the 
use  of  the  Fair  Park  acquired  and  now  owned  by  the  City  of  Dallas, 
heretofore  known  as  State  Fair  Grounds,  or  any  portion  of,  or 
addition  thereto,  for  public  fairs  and  public  race  meets,  with  au- 
thority to  sell  on  said  grounds  pools  on  horse  races,  when  conducted 
thereon  under  the  supervision  of  a  regularly  chartered  Fair  Association, 
and  also  for  other  public  entertainments  for  limited  periods  of  time, 
including  Sundays,  during  which  admission  fees  may  be  charged  to  and 
in  said  grounds  or  any  portion  thereof,  and  all  contracts  and  arrange- 
ments heretofore  made  with  the  City  of  Dallas  by  its  City  Council  in 
relation  to  said  grounds  shall  be  binding  upon  and  shall  be  observed 
by  said  Park  Board,  and  in  the  performance  of  such  contracts  and 
arrangements,  the  duties,  functions  and  authority  imposed  on  the  City 
Council  or  its  committees  by  the  terms  of  such  contract  or  arrangement, 
shall  be  instead  imposed  upon  and  assumed  by  said  Park  Board.  The 
Park  Board  shall  have  the  exclusive  power  to  direct,  and  control  the 
direction  of  the  funds  derived  from  the  use  of  said  grounds  in  the 
improvement  and  maintenance  of  said  grounds  and  appurtenances,  sub- 
ject to  existing  and  future  contract  rights. 

G.  The  four  Park  Commissioners  shall  possess  the  same  qualifications! 
and  be  subject  to  the  same  disqualifications  provided  by  law  for  Com- 
missioners of  the   City  of  Dallas,  and   shall   serve   without   compensation. 

The  Park  Board  may  select  such  guards  as  they  may  deem  necessary 
to  protect  the  parks  and  property  thereon  in  the  City  of  Dallas,  and 
such  guards  shall  be  commissioned  as  policemen  by  the  proper  mu- 
nicipal authorities  at  the  request  of  said  board,  but  such  persons  shall 
be  under  the  control  of  the  Park  Board  and  their  compensation  shall  be 
fixed  by  said  board,  and  they  shall  be  subject  to  removal  or  dismissal 
at  pleasure  and  without  cause  by  said  board. 

7.  All  funds  arising  from  the  levy  of  the  tax  of  one-tenth  of  one  per 
cent  under  an  ordinance  passed  by  the  City  Council  of  the  City  of  Dallas 
to  pay  warrants  for  the  purchase  of  what  is  known  as  Fair  Park,  form- 
erly the  property  of  the  Texas  State  Fair,  oA^er  the  amount  necessary 
to  pay  for  said  warrants  and  interest  thereon,  shall  be  deposited  with 
the  City  Treasurer  to  be  used  exclusively  in  acquiring  additional  ground 
for   or   improving  said  Fair  Park. 

ARTICLE  VII. 

ASSESSMENT    AND    COLLECTION    OF   TAXES. 

1.  The  Assessor  and  Collector  of  taxes  shall  be  under  the  immedi- 
ate supervision  of  the  Commissioner  of  Finance  and  Revenue,  who  shatl 
be  directly  responsible  for  the  performance  of  all  duties  relating  to 
said  oflSce.  He  shall  assess  all  taxable  property  in  such  manner  and 
within  such  time  as  the  Board  of  Commissioners  may  prescribe.  He 
shall  make  duplicate  assessment  rolls  and  on  their  completion  and 
approval  by  the  Board  of  Commissioners  shall  deliver  one  to  the  Com- 
missioner of  Finance  and  Revenue,  and  retain  one  for  his  use  in  collec- 
tions.    He   shall   be   authorized   to   require   property   holders   to   render   a 


—43— 

correct  account  of  tlieir  property,  under  oath  or  affirmation  to  be  by 
him  administered.  He  sliall  collect  all  taxes  due  the  city  whether  the 
same  be  general,  special  assessment,  occupation,  license,  or  otherwise, 
and  shall  pay  the  same  over  to  the  City  Treasurer  within  twenty-four 
hours  of  their  collection,  making  duplicate  receipts  therefor,  one  of 
which  he  shall  retain,  and  the  other  he  shall  turn  over  to  the  Board  of 
Commissioners.  He  shall  monthly  or  oftener,  if  required,  make  a  de- 
tailed report  to  the  Board  of  Commissioners  of  all  collections  made  by 
him.  He  shall  be  vigilant  and  see  that  no  business  of  any  kind  is  con- 
ducted unless  license  or  occupation  tax  due  therefor  shall  have  first 
been  paid.  Said  officer,  and  the  Commissioner  of  Finance  and  Revenue, 
shall  be  responsible  for  all  acts  of  the  deputies  in  said  offices.  He 
shall  be  active  in  collecting  all  delinquent  taxes  and  enforce  their  col- 
lection as  herein  provided,  and  as  may  be  provided  by  ordinance.  He 
shall  give  bond  in  such  amount  and  form  as  the  Board  of  Commission- 
ers may  prescribe,  with  good  and  sufficient  sureties.  The  Board  of 
Commissioners  may  require  a  new  bond  of  him,  if  in  their  opinion  the 
existing  bond  is  insufficient,  and  whenever  such  bond  is  required,  he 
shall  perform  no  official  act  until  such  bond  shall  be  given  and  approved. 
He  shall  have  all  the  powers  and  perform  all  the  duties  herein  provided, 
and  such  others  as  the  Board  of  Commissioners  may  confer  and  pre- 
scribe. For  any  failure  to  deposit  with  the  City  Treasurer  within 
twenty-four  hours  of  the  collection  thereof,  all  moneys  collected  by  him, 
the  said  Assessor  and  Collector  of  taxes  and  the  sureties  on  his  bond 
shall  be  required  to  pay  interest  at  the  rate  of  10  per  cent  per  annum 
on  such  mone}'  until  deposited,  and  the  Board  of  Commissioners  shall 
have  power  to  remove  said  Assessor  and  Collector  of  taxes  from  office 
for  failure  to  deposit  any  collections  as  required,  and  it  shall  be  their 
duty  to  remove  said  officer  for  such  offense  if  it  shall  be  persisted  in 
by  him. 

If  the  Assessor  and  Collector  of  taxes  purposes  to  increase  any  assess- 
ment over  the  amount  assessed  in  the  preceding  year,  he  shall  cause 
notice  stating  the  fact  that  the  assessment  of  the  property  owner  is 
about  to  be  increased,  without  specifically  designating  the  particular 
property  or  the  amount  to  be  increased,  to  be  addressed  to  the  owner, 
agent  or  representative  thereof,  and  mailed  at  the  pcstoffice  in  the  City 
of  Dallas,  and  shall  give  further  notice  by  publicition  for  one  day  in 
some  newspaper  published  in  the  City  of  Dallas,  and  in  such  newspaper 
publication  the  names  of  as  many  owners  as  the  Assessor  and  Collector 
of  taxes  shall  see  fit  may  be  included  in  one  notice,  provided,  when  the 
owner    is    unknown    the    newspaper    notice    shall   be    sufficient. 

The  Assessor  and  Collector  of  taxes  shall  have  the  power  under  such 
regulation  and  method  as  may  be  prescribed  by  the  Board  of  Commis- 
sioners by  ordinance,  to  prorate  the  taxes  against  tracts  of  land  owned 
by  different  owners  which  have  been  taxed  together  as  one  tract,  and  to 
divide  and  apportion  the  lien  to  each  of  the  several  tracts  according 
to   its   proportion   of   the    entire   assessment. 

2.  The  Board  of  Commissioners  shall  have  full  pc.wer  to  provide  by 
ordinance  for  the  prompt  collection  of  taxes  assessed,  levied  and  im- 
posed under  this  charter,  and  are  hereby  authorized,  and  to  that  end 
may  and  shall  have  full  power  and  authority  to  sell  nr  cause  to  be  sold 
all   kinds   of  property,  real   and   personal,   and    may   and    sliall    make  -such 


11 

rules  and  regulations  and  ordain  and  pass  all  ordinances  deemed  neces- 
sary to  the  levying,  laying,  imposing,  assessing  and  collecting  of  any 
taxes  provided  for  in«  this  charter.  I'nless  otherwise  provided  by  ordi- 
nance and  this  act  all  property  in  such  city  liable  to  taxation  shall  be 
assessed  in  accordance  with  the  provisions  of  the  general  laws  of  the 
State  in  so  far  as  applicable. 

3.  The  Board  of  CommissioncMs  shall  have  power  l)y  ordinance  to 
regulate  the  manner  and  mode  of  nuiking  out  tax  lists,  inventories  and 
appraisements  of  property  therein,  and  to  prescribe  the  oath  that  shall 
be  administered  to  each  person  on  rendition  of  his  property,  and  pre- 
scribe how,  when  and  \\here  property  shall  be  rendered,  and  to  prescribe 
the  number  and  form  of  assessment  rolls  and  fix  the  duties  and  define 
the  powers  of  City  Assessor  and  Collector,  and  adopt  such  measures  as  the 
Board  of  Commissioners  may  deem  advisable  to  secvire  the  assessment  of 
all  property  within  the  city  limits,  and  collect  the  tax  thereupon,  and  nun- 
provide  a  fine  for  all  persons  neglecting,  failing  or  refusing  to  render  their 
property  for  taxation. 

4.  The  Assessor  and  Collector  of  taxes  shall,  at  least  ten  days  before 
the  1st  day  of  January  of  each  year,  give  public  notice  ])y  hand  bills 
circulated  through  the  city  and  by  advertisement  in  some  ])aper,  that  all 
persons  owning  or  controlling,  as  agent  or  otherwise,  any  personal  prop- 
erty or  real  estate  subject  to  municipal  taxation,  are  required  to  render 
same  for  taxation  on  or  before  the  1st  day  of  April  of  each  year.  All 
merchants  doing  business  in  the  city  are  required  within  the  same  time 
to  furnish  the  Assessor  and  Collector  of  taxes  a  true  statement,  verified 
by  affidavit,  of  all  goods,  wares  and  merchandise  owned  or  kept  on 
hand  by  such  merchant  on  the  1st  day  of  January.  Any  merchant  fail- 
ing to  comply  with  this  requirement  shall  be  liable  to  such  fine  as  may 
be   imposed  by   ordinance. 

5.  If  the  Assessor  and  Collector  of  taxes  shall  discover  any  real  or 
personal  propertj'  which  was  subject  to  taxation  for  any  previous  year, 
and  which  from  any  cause  has  escaped  taxation  for  that  year,  he  shall 
assess  the  same  in  a  supplement  to  his  next  assessment  roll  at  the  same 
rate  under  which  such  property  should  have  been  assessed  for  such 
year,  stating  the  year,  and  the  taxes  tliereon  shall  be  collected  the  same 
as  other  assessments;  provided,  that  such  supplement  roll  may  be 
made  at  any  time  and  reported  to  the  Board  of  Commissioners  for  its 
approval,  and  any  number  of  such  rolls  may  be  made  that  may  be 
necessary.  The  taxes  assessed  in  such  supplement  rolls  for  years  pre- 
vious to  the  approval  of  such  rolls  shall  be  due  at  once  upon  the  ap- 
proval of  such  rolls  by  the  Board  of  Commissioners,  and  such  taxes  may 
bear  interest  at  the  rate  of  six  per  cent  per  annum  from  the  date  on 
which  the  same  would  have  been  delinquent  if  levied  and  assessed,  and 
if  the  same  shall  not  be  paid  within  thirty  days  after  the  date  of  such 
approval,  the  City  Collector  shall  proceed  to  collect  the  same  by  ad- 
vertisement and  by  sale  of  such  property  as  soon  as  practicable;  such  ad- 
vertisement and  sale  to  be  made  in  the  same  manner  and  for  the  same 
time  as  in  cases  of  the  sale  of  such  property  for  other  city  ad  valorem 
taxes,  as  prescribed  by  the  city  cliarter:  provided,  tliat  a  misnomer  of, 
or  failure  to  name  the  owner  in  the  .assessment  roll  shall  not  affect  the 
validity  of  the  assessment  of  any  taxes;  and,  provided  further,  that 
when  such  taxes  have  not  been  attempted  to  be  assessed  for  such  previous 


—45— 

vt'iir,  siR-li  taxes  sliall  l.car  iiitciest  only  from  the  datf  of  tlie  approval 
vi  the  supplement  loll.s.  'I'lie  Assessor  and  Collector  of  taxes  may  in 
any  year  re-assess  property  which,  because  of  irregularity  in  the  assess- 
ment, of  any  previous  year  may  have  been  improperly  assessed;  such  re-as- 
sessnient  shall  be  at  the  value  at  which  it  should  have  l)oen  assessed  in 
any  such  year,  and  property  owners  of  such  property  sliall  take  notice 
of  such  re-assessment,  if  made  prior  to  the  1st  of  A])ril  in  any  year. 
Imt  if  made  after  such  date,  notice  shall  be  given  by  the  Assessor  and 
Collector  of  taxes  as  in  case  of  the  raising  of  an  assessment.  Any 
j)roperty  owner  whose  property  has  been  re-assessed  may  appeal  to  tlie 
Board  of  Appeals  as   in  case  of  an  original  assessment. 

0.  Tlie  Assessor  and  Collector  of  taxes  shall  assess  all  projjerty  which 
for  any  cause  has  not  been  rendered,  placing  such  valuation  t^herenn  as 
he  may  deem  just.  If  the  owners  of  such  property  arc  luiknown.  such 
assessment  may  be  made  in  the  name  "unknown." 

7.  No  irregularity  in  the  time  or  manner  of  making  or  returning  the 
city  assessment  rolls  or  the  approval  of  such  rolls  shall  invalidate  any 
assessment. 

8.  All  property,  real  and  personal,  shall  be  rendered  for  taxation 
by  the  owner  thereof  or  his  agent,  as  provided  by  the  laws  of  the  State 
for  the  rendition  of  property  for  assessment  by  the  cpunty;  prf)vided, 
however,  that  in  making  such  renditions  the  owner  or  agent  shall  not 
be  required  to  state  the  value  of  the  real  property,  but  shall  furnish 
to  the  Assessor  and  Collector,  verified  by  the  oath  of  the  party  making 
such  rendition,  a,  full  and  complete  list  and  schedule  of  all  property, 
real  and  personal,  belonging  to  the  person,  firm  or  corporatimi  in  whose 
name  such  property  is  rendered.  It  shall  be  the  duty  of  the  Assessor 
and  Collector  to  value  each  and  every  item  of  the  property  so  rendered 
in  accordance  with  the  fair  market  price  thereof  upon  a  basis  of  valu- 
ation to  be  applied  alike  to  all  taxpayers,  and  to  transmit  to  the  Board 
of  Commissioners  all  renditions  thus  made  together  with  a  statement 
by  liim,  verified  by  his  oath,  to  the  effect  that  he  has  truly,  fairly  and 
ecjually  valued  all  such  property.  The  Board  of  Commissioners,  sitting 
as  a  Board  of  Equalization  and  Appeals,  shall  revise  the  tax  rolls,  and 
it  shall  be  their  duty  to  correct  all  unequal  assessments,  and  to  increase 
"r  reduce  the  valuation  fixed  by  the  Assessor  and  Collector,  as  the 
case  may  require,  so  as  to  equalize  the  basis  and  method  of  assessment 
adopted  for  all  such  renditions.  It  shall  also  be  their  duty  to  hear  and 
fairly  determine  all  appeals  from  property  assessments  fixed  by  them 
or  under  their'  authority.  It  shall  be  the  duty  of  the  Board  of  Commis- 
sioners to  adopt  such  rules  and  regulations  from  time  to  time  as  to 
them  may  appear  necessary  to  secure  complete  renditions  for  assess- 
ments  of  all  taxable  property   in  the  city. 

The  Board  of  Commissioners  shall  cause  to  be  prepared,  as  soon  as 
practicable  after  the  tax  rolls  shall  be  revised  and  finally  adopted,  an 
alphabetical  list  of  the  taxpayers  of  the  city,  together  with  the  total 
amount  of  property  assessed  against  each,  which  list  shall  be  preser\'ed 
in  the  office  of  the  City  Secretary  and  shall  be  accessible  to  the  pub- 
lic. 

9.  A  lien  is  hereby  created  on  all  property,  personal  and  real,  in  favor 
of  the  City  of  Dallas.  f(jr  all  taxes,  ad  valorem,  occupation  or  otherwise. 
Said    lien    shall    exist    from    .Tanuarv    in    each    vear    until    the    taxes    are 


—re- 
paid. Such  lien  sliall  be  prior  to  all  oilier  claims,  and  no  gift,  sale, 
assignment  or  transfer  of  any  kind,  or  judicial  writ  of  any  kind,  can 
ever  defeat  such  lien,  but  the  Assessor  and  Collector  of  taxes  can  pur- 
sue such  property,  and  whenever  found,  may  seize  and  sell  enough 
thereof  to   satisfy   such  taxes. 

10.  If  anyone  against  whom  a  personal  tax  is  assessed,  and  which 
is  due  and  unpaid,  whether  the  same  be  delinquent  or  not,  shall  have 
removed  out  of  the  city,  or  shall  be  about  to  remove  out  of  the  city, 
or  shall  have  removed  or  about  to  remove  his  personal  property  out 
of  the  city,  it  shall  be  the  duty  of  the  Assessor  and  Collector "  of  taxes 
to  proceed  at  once  and  collect  such  taxes  by  seizure  and  sale  of  any 
personal  property  of  such  person  to  be  found  in  the  City  of  Dallas  or 
anywhere   in  the   State  of  Texas. 

11.  All  taxes  shall  be  payable  at  the  office  of  the  Assessor  and  Col- 
lector of  taxes  and  the  Board  of  Commissioners  shall  have  full  power 
to  sell  or  cause  to  be  sold,  all  personal  and  real  property  for  taxes  due, 
and  shall  nnike  all  rules  and  regulations  necessary  for  such  purpose. 

12.  No  demand  for  taxes  shall  be  necessary,  but  it  is  hereby  made 
the  duty  of  every  person  or  corporation  subject  to  taxation  to  attend 
at  the  office  of  the  Assessor  and  Collector  of  Taxes  some  time  between 
the  second  Monday  in  June  and  the  first  day  of  November  in  each  year 
and  pay  his  or  her  taxes.  If  any  taxpayer  shall  fail  to  pay  such  taxes 
before  the  first  day  of  November  after  the  same  shall  become  due,  the 
same  shall  be  delinquent  and  bear  interest  at  the  rate  of  six  per  cent 
per  annum.  Upon  all  taxes  paid  or  collected  after  the  first  day  of  No- 
vember the  Assessor  and  Collector  of  Taxes  shall  collect  from  the  de- 
linquent taxpayer  a  penalty  of  two  per  cent  of  the  total  amount  of  taxes 
collected  from  or  paid  by  such  taxpayer.  On  all  taxes  paid  or  collected 
after  the  first  day  of  December  next  following  the  time  when  such  taxes 
shall  have  become  due,  the  Assessor  and  Collector  of  taxes  shall  collect 
a  penalty  of  four  per  cent  on  the  total  amount  of  taxes  paid  or  col- 
lected. On  all  taxes  paid  or  collected  after  the  first  day  of  January 
next  following  the  date  on  which  such  taxes  shall  have  become  due,  the 
Assessor  and  Collector  of  Taxes  shall  collect  a  penalty  of  six  per  cent 
on  the  total  amount  of  taxes  paid  or  collected.  On  all  taxes  paid  or  col- 
lected after  the  first  day  of  February  next  following  the  time  at  which  such 
taxes  have  become  due,  the  Assessor  and  Collector  of  taxes  shall  col- 
ject  a  penalty  of  ten  per  cent  on  the  total  amount  of  taxes  paid  or 
collected,  w^hich  penalty  shall  be  cumulative  of  and  in  addition  to  the 
interest  provided  for  by  this  section  and  such  penalties  shall  be  an  obli- 
gation of  the  taxpayer,  and  be  secured  by  the  same  lien  and  collected 
in  the  same  manner   as   the   taxes. 

J 3.  The  Assessor  and  Collector  of  Taxes  shall,  by  Adrtue  of  his  tax 
rolls,  have  power  and  authority  to  seize  and  levy  upon  personal  property 
and  real  estate  and  sell  the  same  to  satisfy  delinquent  taxes.  When  he 
seizes  personal  property  for  such  purposes  he  shall  keep  the  same  at 
the  expense  of  the  owner  until  the  sale  is  made,  and  shall  give  notice 
of  the  time  and  place  of  sale  of  same  by  posting  a  written  notice  at  the 
city  hall  door  and  one  at  the  court  house  in  the  City  of  Dallas,  at  least 
ten  days  before  the  date  of  sale.  He  shall  sell  the  same  to  the  highest 
bidder  for  cash  for  all  taxes,  interest,  cost  and  expense  of  earing  for 
said  propertv,  and  shall  make  an  entrv  in  the  book  of  sales  of  the  amount 


realized;    all   such   sales   shall   be  made   at  any   door  of  the  city   hall. 

14.  Before  sales  of  real  estate  are  made  notice  of  the  time  and  place 
of  sale,  together  with,  as  near  as  may  be,  a  description  of  the  property 
shall  be  given  by  posting  two  notices,  one  at  the  court  house  and  the 
other  at  the  city  hall  in  the  City  of  Dallas;  also  by  publication  in  some 
newspaper  of  the  city,  for  at  least  three  weeks,  which  shall  contain  a 
statement  of  the  amount  due  on  each  particular  piece  of  ground;  all 
such  sales  shall  be  made  at  any  door  of  the  city  hall  specified  by  or- 
dinance. 

15.  The  Board  of  Commissioners  shall  have  full  power  to  do,  or  cause 
to  be  done,  everything  whatsoever  necessary  to  enforce  a  prompt  and 
valid  assessment  and  collection  of  all  taxes  and  assessments  provided 
for  in  this  charter,  and  to  make  all  regulations  necessary  for  a  valid 
assessment  of  such  taxes  and  for  the  sale  of  property  for  said  taxes  and 
assessment. 

16.  The  A|Ssessor  and  Collector  of  Taxes  shall,  where  any  real  estate 
has  been  sold  for  taxes,  make  and  execute  a  deed  to  the  purchaser  for 
the  property  sold,  which  deed  shall  be  prima  facie  evidence  of  the  fol- 
lowing facts: 

First.  That  the  lot  or  lots,  or  property  conveyed,  was  or  were  sub- 
ject to  taxation  and  assessment  at  the  time  of  such  sale,  and  at  the 
time  taxes  thereon  were  levied  and  assessed,  and  that  such  taxes  were 
regularly   levied   and   assessed   in   all   respects   according   to   law. 

Second.  That  such  taxes  were  not  paid  in  whole  or  in  part  at  any 
time  before  such  sale,  and  that  a  lien  existed  on  the  property  conveyed 
in  such  deed  for  taxes. 

Third.  That  the  real  estate  therein  conveyed  was  advertised  accord- 
ing  to   law. 

Fourth.  That  the  property  couA'eyed  was  advertised  according  to  law, 
was  regularly  and  lawfully  sold  for  taxes,  which  were  delinquent  at  the 
time  of  the  advertisement  and  sale. 

Fifth.  When  such  property  shall  have  been  sold  to  the  City  of  Dal- 
las or  any  other  purchaser,  at  such  sale,  either  for  general  or  special 
taxes,  the  title  acquired  by  the  city,  or  such  purchaser,  shall  not  be 
disputed  by  any  person  whomsoever,  or  for  any  cause  whatever,  except 
upon  tender  to  said  city,  or  purchaser,  of  the  taxes  lawfully  due  on  such 
property  for  which  such  sale  was  made,  together  with  lawful  interest 
thereon,  and  all  accrued  penalties  and  costs,  as  provided  by  the  city  charter 
of  the  City  of  Dallas. 

17.  A  sale  of  personal  property  for  delinquent  taxes  shall  convey 
with  it  an  absolute  title,  and  the  owner  shall  have  no  right  to  redeem 
the    same. 

18.  The  city  shall  have  the  right  to  become  a  purchaser  of  property 
at  tax  sales,  and  the  Mayor  shall  attend  such  sales  for  such  purpose, 
and  may  empower  any  person  to  so  bid  on  behalf  of  the  city. 

19.  Whenever  any  real  property  is  bid  off  to  the  city,  or  to  any 
individual,  for  delinquent  taxes,  the  owner  or  attorney,  or  his  agents 
may  I'edeem  the  same  at  any  time  within  two  years  from  day  of  sale 
by  paying  the  following  amounts:  All  taxes  paid  or  due,  ten  per  cent 
per  annvmi  interest  thereon  from  the  time  they  become  delinquent,  and 
two  and  one-half  ($2.50)  dollars  as  costs  on  each  piece  of  property  sold, 
and    as    a    further    penalty,    a    sum    equal    to    twenty-five    per    cent    of   the 


-  -48— 

amount  of  tlic  dcliiiqiu'iit  tax  if  ledcemed  in  three  niontlis;  fifty  per 
c-ent  penalty  if  redeemed  in  six  months;  seventy-five  per  cent  penalty 
if  redeemed  in  one  year,  and  one  hundred  per  cent  if  redeemed  there- 
after within  two  years,  the  said  penalties  to  go  to  the  purchasers  at  tax 
sales,   whether   the   purchaser   be   the   city   or   an    individual. 

20.  If  any  real  property  sold  for  taxes  under  the  provisions  of  this 
act  shall  not  be  redeemed  within  two  years  from  the  day  of  sale,  the 
holder  of  the  tax  deed  shall  have  the  right  to  bring  suit  in  any  district 
court  in  the  County  of  Dallas  to  have  the  absolute  title  to  such  real 
estate,  without  any  equity  of  redemption,  vested  in  him. 

21.  All  levies  of  ad  valorem  taxes  heretofore  made_  by  the  City  of 
Dallas,  and  all  assessments  heretofore  made,  and  assessment  rolls  here- 
tofore placed  in  the  hands  of  the  City  Assessor  and  Collector  of  Taxes  for 
collection  are  hereby  validated,  and  the  same  shall  be  legal  and  binding, 
regardless  of  any  irregularity  that  may  exist  in  the  manner  of  making 
such  levies,  and  the  making  and  returning  of  such  assessment  rolls.  This 
jjrovision  shall  apply  to  all  suits  and  actions  now  pending,  as  well  as 
those  hereafter  prosecuted. 

22.  In  any  suit  by  the  City  of  Dallas  for  the  collection  of  any  de- 
linquent tax  where  it  shall  appear  that  the  description  of  any  property 
in  the  city  assessment  rolls  shall  be  insufficient  to  identify  such  property, 
the  city  shall  have  the  right  to  set  up  in  its  pleading  a  good  description 
of  the  property  intended  to  be  assessed,  and  to  prove  the  same,  and  to 
have  its  judgment  foreclosing  its  tax  lien  upon  the  same,  and  personal 
judgment  against  the  owner  for  such  taxes,  the  same  as  if  such  property 
were  fully  described  upon  the  assessment  rolls. 

2.'i.  When  the  owner  of  any  property,  or  his  agent,  shall  render  any 
property  to  the  Assessor  and  Collector  of  Taxes  for  assessment,  and  such 
property  is  assessed  in  accordance  with  the  description  furnished  by  such 
owner  or  his  agent,  the  sufficiency  of  such  description  shall  not  be  dis- 
puted by  such  owner  in  any  action  or  suit  for  the  collection  of  such 
taxes,  but  the  same  shall  be  binding  upon  such  owner,  and  shall  be  suf- 
ficient for  all  purposes  of  such  assessment. 

24.  The  provisions  herein  for  the  collection  of  taxes  shall  not  be  con- 
strued to  prevent  the  city  from  filing  suit  in  any  court  of  competent 
jurisdiction  for  the  collection  of  any  taxes  due  on  real  estate,  as  well  as 
personal  property,  and  for  the  enforcement  of  levies  for  such  taxes;  and 
the  assessment  rolls  shall  be  prima  facie  evidence  of  the  facts  stated  in 
said  rolls  and  that  all  taxes  assessed  on  such  rolls  have  been  regularly 
levied  and  assessed  in  accordance  with  the  provisions  of  this  charter  and 
of  the  law;  and  no  irregularity  in  the  manner  of  levying  or  assessing 
taxes  shall  invalidate  the  same  unless  it  appears  from  aflfirmative  proof 
that  such  irregularity  operated  injuriously  to  the  taxpayer  attempting 
to  avoid  the  payment  of  such  tax.  Nothing  in  this  section  shall  prevent 
the  Board  of  Commissioners  from  hearing  all  complaints  as  to  erroneous  and 
unjust  assessments,  and  said  Board  of  Commissioners  is  hereby  empowered 
and  it  is  hereby  made  their  duty  to  hear  such  complaints,  and  said  Board 
shall  have  power  within  one  year  after  this  act  goes  into  effect,  and  not 
thereafter  to  readjust,  compromise  and  settle  all  disputes  wiOi  reference 
to  the  legality  or  validity  of  taxes  claimed  to  be  due  by  any  person  or 
persons  upon  any  real  estate  within  the  city.  They  may  reduce  former 
assessments    on    satisfactory    proof    that    the    same    was    excessive;    such 


—49— 

settlements  when  certified  to  by  the  Board  of  Comiiiissioners  to  be  filed  with 
the  Assessor  and  Collector  of  Taxes  who  shall  accept  payment  of  taxes 
in  accordance  with  and  thereafter  a  tax  receipt  for  the  amount  of  said 
taxes  in  full  for  all  such  years  as  aforesaid  shall  be  accepted  in  full 
satisfaction  for  said  taxes. 

ARTICLE  VIII. 

INITIATIVE    AND    REFERENDUM    OF    ORDINANCES. 

1.  Any  proposed  ordinance  may  be  submitted  to  the  Board  of  Commis- 
sioners by  a  petition  signed  by  registered  electors  of  the  city  equal  in 
number  to  the  percentages  hereinafter  required.  The  signatures  to  the 
petition  need  not  all  be  appended  to  one  paper,  but  each  signer  shall  add 
to  his  signature  his  place  of  residence,  giving  street  and  number.  One  of  the 
signers  of  each  paper  shall  make  oath  before  an  officer  competent  to  ad- 
minister oaths  that  the  statements  therein  made  are  true,  and  that  each 
signature  to  the  paper  appended  is  the  genuine  signature  of  the  person 
whose  name  purports  to  be  thereunto  subscribed.  ^Vithin  ten  days  from 
the  date  of  filing  such  petition  the  City  Secretary  shall  examine  and  as- 
certain whether  or  not  said  petition  is  signed  by  the  requisite  number  of 
qualified  electors,  and  if  necessary  the  Board  of  Commissioners  shall  allow 
him  extra  help  for  that  purpose,  and  he  shall  attach  to  said  petition  his 
certificate  showing  the  result  of  such  examination.  If  by  the  Secretary's 
certificate  the  petition  is  shown  to  be  insufficient  it  may  be  amended 
within  ten  days  from  the  date  of  said  certificate.  The  Secretary  shall, 
within  ten  days  after  such  amendment,  make  like  examinations  of  the 
amended  petition,  and  if  his  certificate  shall  show  the  same  to  be  in- 
sufficient, it  shall  be  returned  to  the  person  filing  the  same,  without 
prejudice,  however,  to  the  filing  of  a  new  petition  to  the  same  efl'ect.  If 
the  petition  shall  be  found  to  be  sufficient,  the  Secretary  shall  submit 
the  same  to  the  Board  of  Commissioners  without  delay. 

If  the  petition  accompanying  the  proposed  ordinance  be  signed  by  elec- 
tors equal  in  number  to  15  2>er  cent  of  the  entire  vote  cast  for  all  candi- 
dates for  ]\Iayor  at  the  last  preceding  general  election,  at  which  a  JIayor 
was  elected,  and  contains  a  request  that  said  ordinance  be  subnitted 
forthwith  to  a  vote  of  the  people  at  a  special  election,  the  Board  of  Com- 
missioners shall  either: 

(a)  Pass  said  ordinance  without  alteration  within  twenty  days  after 
the  attachment  of  the  Secretary's  certificate  of  sufficiency  to  the  accom- 
panying petition  (subject  to  referendary  vote  under  the  provisions  of 
this  charter) ;  and  if  the  ordinance  shall  be  passed  by  the  Board  of  Com- 
missioners, but  shall  be  vetoed  by  the  Mayor  and  on  reconsideration  shall 
fail  of  passage  by  the  Board  of  Commissioners,  then  within  five  days  after 
determination  that  said  ordinance  shall  have  so  failed  of  final  adoption 
the  Board  of  Commissioners  shall  proceed  to  call  a  special  election  at 
which  said  ordinance,  without  alteration,  shall  be  submitted  to  a  vote  of 
the  people;  or 

(b)  Forthwith  after  the  secretary  shall  attach  to  the  petition  accom- 
panying such  ordinance  his  certificate  of  sufficiency,  the  Board  of  Com- 
missioners shall  proceed  to  call  a  special  election,  at  whicli  said  ordinance, 
without  alteration,  shall  be  submitted  to  a  vote  of  the  people. 

If  the  petition  be  signed  by  electors  equal  in  number  to  at  least  5 
per   cent,   but   less   than    15   per   cent,   of  the   entire   vote   cast   for   all   the 


—50— 

candidates  for  mayor  at  the  last  preceding  general  election  at  which  a 
Mayor  was  elected,  then  such  ordinance,  without  alteration,  shall  be 
submitted  by  the  Board  of  Commissioners  to  a  vote  of  the  people  at  the 
next  general  municipal  election  that  shall  occur  at  any  time  after  thirty 
days  from  the  date  of  the  Secretary's  certificate  of  sufticiency  attached  to 
the  petition  accompanying  such  ordinance. 

The  ballots  used  when  voting  upon  said  ordinance  shall  contain  the 
words,  "For  the  Ordinance"  (stating  the  nature  of  the  proposed  ordinance,) 
and  "Against  the  Ordinance"  (stating  the  na'ure  of  the  propose!  or- 
dinance). If  a  majority  of  the  qualified  electors  voting  on  said  prop  ised 
ordinance  shall  vote  in  favor  thereof,  such  ordinance  shall  thereupon  be- 
come a  valid  and  bindirg  ordinance  cf  the  city,  and  any  ordinance  proposed 
by  petition,  or  which  shall  be  adopted  by  a  vote  of  the  people,  cannot 
be  repealed  or  amended  except  by  a  vote  of  the  people. 

Any  number  of  proposed  ordinances  may  be  voted  up'jn  at  the  same 
election,  in  accordance  with  the  provisions  of  this  section  oi  the  charter, 
but  more  than  one  special  election  shall  not  be  held  in  any  period  of  six 
months. 

The  Board  of  Commissioners  may  submit  a  proposition  for  the  repeal  oi 
any  such  ordinance  or  for  amendments  thereto,  to  be  voted  upon  by  any 
succeeding  general  city  election,  and  should  such  proposition  so  submitted 
receive  a  majority  of  the  votes  cast  thereon  at  such  election,  such  or- 
dinance shall  be  repealed  or  amended  accordingly. 

Whenever  any  ordinance  or  proposition  is  re(}uired  l)y  this  charter  to 
be  submitted  to  the  voters  of  the  city  at  any  election,  the  City  Secretary 
shall  cause  the  ordinance  or  proposition  to  be  printed,  and  he  shall  enclose 
a  printed  copy  thereof  in  an  envelope  with  a  sample  ballot,  and  mail  the 
same  to  each  voter  at  least  ten  days  prior  to  the  election,  but  the  Board 
of  Commissioners  may  order  such  ordinance  or  proposition  to  be  printed 
in  the  official  newspaper  of  the  city  and  published,  and  may  order  that 
such  publication  shall  take  the  place  of  the  printing  and  mailing  of  the 
ordinance  or  propostion  and  of  the  sample  ballots  as  first  above  provided. 

2.  Xo  ordinance  passed  by  the  Board  of  Commissioners,  except  when 
otherwise  required  by  the  general  laws  of  the  State,  or  by  the  provisions 
of  this  charter  respecting  street  improvements,  and  except  an  ordinance! 
for  the  immediate  preservation  of  the  public  peace,  health  or  safety, 
which  contains  a  statement  of  its  urgency  and  is  passed  by  a  four-fifths 
vote  of  the  Board  of  Commissioners  (but  no  grant  of  any  franchise  shall 
be  construed  to  be  an  emergency  measure,  but  all  franchises  shall  bo  sub- 
ject to  the  referendary  vote  herein  provided),  shall  go  into  eflfect 
thirty  days  from  the  time  of  its  final  passage  and  its  a]>pnival  by  the 
Mayor;  and  if  during  said  thirty  days  a  petition  signed  by  electors  of 
the  city  equal  in  number  to  at  least  fifteen  per  cent  of  the  entire 
vote  cast  for  all  candidates  for  Mayor  at  the  last  preceding  general  elec- 
tion at  which  a  jNIayor  was  elected,  protesting  against  the  passage  of 
such  ordinance,  shall  be  presented  to  the  Board  of  Commissioners,  the 
same  shall  thereupon  be  suspended  from  going  into  operation,  and  it  shall 
be  the  duty  of  the  Board  of  Commissioners  to  reconsider  such  ordinance, 
and  if  the  same  is  not  entirely  appealed  the  Board  of  Commissioners  shall 
submit  the  ordinance,  as  is  provided  in  Section  1  of  Aiticle  ^TT^ 
of  this  City  Charter,  to  the  vote  of  the  electors  of  the  cit\',  either  at 
the  next  general   election,  or  at   a    special   municipal   election   to  be   called 


—51— 

for  that  purpose,  and  sucli  ordinance  shall  not  go  into  ellect  or  become 
operative,  unless  a  majority  of  the  ([ualified  electors  voting  on  the  same 
shall  vote  in  favor  thereof.  Said  petition  shall  be  in  all  respects  in  ac- 
cordance with  the  provisions  of  said  section  1  of  article  VIII,  except 
as  to  the  percentage  of  signers,  and  be  examined  and  certified  by  the 
Secretary,  and  in  all  respects  as  is  therein  provided. 

ARTICLE  IX. 

REC.VLL     OF     ELECTIVE     OFKlCEltS. 

The  holder  of  an  elective  office  may  'be  removed  at  any  time  by  the 
qualified  voters  of  the  City  of  Dallas.  The  procedure  to  ellect  the  re- 
moval of  an  incumbent  of  an  elective  office  shall  lie  as  follows:  A  pe- 
tition signed  by  the  qualified  voters  of  said  city,  equal  in  number  to  at 
least  35  per  cent  of  the  entire  vote  cast  for  candidates  for  the  office  of 
JMayor  on  the  final  ballot  at  the  last  preceding  general  municipal  election, 
demanding  the  election  of  a  successor  of  the  person  sought  to  be  removed, 
shall  be  filed  with  the  City  Secretary;  provided,  that  the  petition  sent 
to  the  Board  of  Commissioners  shall  contain  a  general  statement  of  the 
grounds  for  which  removal  is  sought.  •  The  signatures  to  the  petition  ^need 
not  all  be  appended  to  one  paper,  but  each  signer  shall  add  to  his  signa- 
ture his  place  of  residence,  giving  the  street  and  number.  One  of  the 
signers  of  each  such  paper  shall  make  oath  before  an  officer  competent  to 
administer  oaths' that  the  statements  herein  made  are  true,  and  that  each 
signature  to  the  paper  appended  is  the  genuine  signature  of  the  person 
whose  name  purports  to  be  thereunto  subscribed.  'Within  ten  days  from 
the  date  of  filing  such  petition  the  City  Secretary  shall  examine,  and  from 
the  list  of  qualified  voters  of  said  city,  ascertain  whether  or  not  said  pe- 
tition is  signed  by  the  requisite  number  of  qualified  voters,  and  he  shall 
attach  to  said  petition  his  certificate  showing  the  result  of  said  examina- 
tion. If  by  the  Secretary's  certificate,  the  petition  is  shown  to  be  insuf- 
ficient, it  may  be  amended  within  ten  days  from  the  date  of  said  certifi- 
cate. The  City  Secretary  shall,  within  ten  days  after  such  amendment, 
make  like  examination  of  the  amended  petition,  and  if  his  certificate  shall 
show  the  same  to  be  insufficient,  it  shall  be  returned  to  the  person  filing 
the  same,  without  prejudice,  however,  to  the  filing  of  a  new  petition  to 
the  same  eflfect.  If  the  petition  shall  be  found  to  be  sufficient,  the  City 
Secretary  shall  submit  the  same  to  tlie  Board  of  Commissioners  without 
delay. 

If  the  petition  sliall  be  found  to  be  sufficient,  the  Board  of  Commis- 
sioners shall  order  and  fix  a  date  for  holding  the  said  election,  not  less 
than  thirty  days,  noi-  more  than  forty  days  from  the  date  of  the  Secre- 
tary's certificate  to  the  Board  of  Commissioners  that  a  sufficient  petition 
is  filed. 

Tlie  Board  of  Commissioners  shall  make  or  cause  to  be  made,  publica- 
tion of  notice  and  all  arrangements  for  holding  of  such  election,  and  the 
same  shall  be  conducted,  returned  and  tlie  result  thereof  declared  in  all 
respects  as  are  other  city  elections,  and  a  majority  of  all  the  votes  which 
shall  be  cast  at  such  election  shall  be  necessarj'  to  elect.  In  the  event 
no  candidate  shall  receive  such  majority  at  the  first  election,  a  second 
election  shall  be  held  in  accordance  with  the  provisions  of  article  III 
hereof.  The  successor  of  any  officer  so  removed  shall  hold  office  during 
the  unexpired  term  of  his  predecessor.    Any  person  sought  to  be  removed 


—52— 

may  be  a  candidate  to  succeed  himself,  and  unless  he  requests  other- 
wise in  writing,  the  City  Secretary  shall  place  his  name  on  the  official 
ballot  without  nomination.  In  any  such  removal  election  the  candidate 
receiving  the  highest  number  of  votes  shall  be  declared  elected.  At  such 
election  if  some  other  person  than  the  incumbent  receives  the  highest 
number  of  votes,  the  incumbent  shall  thereupon  be  deemed  removed 
from  the  office  upon  the  qualification  of  his  successor.  In  case  the  party 
who  receives  the  highest  number  of  votes  should  fail  to  qualify  within 
ten  days  after  receiving  notification  of  election,  the  office  shall  be  deemed 
vacant.  If  the  incumbent  receives  the  highest  number  of  votes  he  shall 
continue  in  office. 

ARTICLE  X. 

STREET     AND     SIDEWALK     IMPROVEMENTS. 

Section  1.  The  term  "Street  Improvements"  as  embraced  in  this  A,r- 
ticle,  shall  include  the  improvement  of  any  street,  avenue,  alley,  highway, 
public  place  or  square,  or  any  portion  thereof,  within  the  city,  by  filling, 
gi-ading,  raising,  macadamizing,  re-macadamizing,  paving,  repairing  or  other- 
wise improving  the  same,  or  by  construction  or  reconstruction  of  sidewalks, 
curbs  and  gutters,  or  repairing  the  sfime;  and  shall  also  include  the  laying 
out,  opening,  narrowing,  straightening,  or  otherwise  establishing,  defining, 
and  locating  any  street,  avenue,  public  alley,  square,  place  or  sidewalk;  and 
said  term  shall  also  include  any  other  street  improvement  of  a  public 
nature  and  for  a  public  benefit. 

(a)  The  term  "Public  Highway,"  wherever  used  hereafter  in  this  ar- 
ticle shall  be  deemed  to  include  any  street,  avenue,  alley,  highway  or 
public  place  or  square,  or  any  portion  thereof,  with  the  City  of  Dallas, 
dedicated  to  public  use. 

(b)  The  Board  of  Commissioners  shall  have  power  to  order  the  im- 
provement of  any  public  higliway  or  Iiighways.  or  parts  thereof,  witliin 
the  City  of  Dallas,  and  shall  have  power  to  prescribe  the  nature  and  ex- 
tent of  such  improvements. 

(c)  The  Board  of  Commissioners  shall  have  power  to  cavise  sidewalks, 
curbs  and  gutters  to  be  constructed,  reconstructed,  or  repaired,  under 
and  by  virtue  of  the  terms  of  this  article  and  the  various  subdivisions 
thereof,  either  separately  or  together  with  other  improvements;  provided, 
that  the  cost  of  constructing,  reconstructing  or  repairing  sidewalks  shall 
be  borne  entirely  by  the  owners  of  property  abutting  upon  such  side- 
walks; and  provided  that  the  right  of  the  Board  of  Commissioners  to 
order  the  construction,  reconstruction  or  reptiir  of  such  sidewalks,  curbs  and 
gutters,  imder  the  terms  of  this  article  and  the  various  subdivisions 
thereof,  shall  be  exclusive  of  and  in  addition  to,  the  powers  hereinafter 
in  this  charter  conferred  upon  such  Board  of  Commissioners  to  order  such 
improvements. 

(d)  Subject  to  the  terms  thereof,  the  cost  of  improving  any  public 
highway  may  be  paid  wholly  by  the  city,  or  partly  by  the  city  and  partly 
by  the  owners  of  property  benefitted  by  such  improvement  and  abutting 
upon  the  public  highway,  or  portion  thereof,  ordered  to  be  improved;  pro- 
vided, that  when  any  person,  firm  or  corporation  owns  any  railroad  or 
street  railroad  or  railroad  switch  of  any  kind  on  such  public  highway,  or 
portion  thereof,  ordered  to  be  improved,  such  person,  firm  or  corporation 
shall  pay  the  whole  cost  of  such  improvement  between  the  rails  and 
tracks   and   for   two   feet    on    each    side   of   the   rails   of   such   railroad   or 


-  53— 

street  railroad  and  the  city  shall  be  relieved  of  the  part  of  the  costs  to 
be  paid  by  such  road.  The  pro  rata  share  of  the  cost  of  such  improve- 
ment paj-able  under  the  terms  hereof  by  any  railroad  or  street  railroad, 
or  the  owners  thereof,  together  with  all  costs  of  collecting  the  same, 
shall  be  a  special  tax  against,  and  secured  by  a  lien  upon  the  roadbed, 
ties,  rails,  fixtures,  rights  and  franchises  of  such  railroad  or  street  rail- 
road and  the  owners  thereof.  Whenever  a  contract  shall  be  let  for  any 
such  improvement,  the  Board  of  Commissioners  shall  levy  a  special  tax  upon 
the  roadbed,  ties,  rails,  fixtures,  rights  and  franchises  of  such  railroad  or 
street  railroad  for  the  pro  rata  share  due  from  such  road  for  improve- 
ments between  their  tracks  and  rails  and  two  feet  on  each  side  thereof. 
Said  tax  shall  be  levied  at  or  after  the  time  such  contract  is  let  or  exe- 
cuted, and  shall  become  due  and  delinquent  as  the  ordinance  levj'ing  the 
same  may  specify,  shall  be  a  lien  from  the  time  of  levy  and  the  proceeds 
thereof  shall  be  used  for  the  payment  of  the  costs  of  such  improve- 
ment. If  said  tax  be  not  paid  as  provided  for  by  ordinance,  then  col- 
lection shall  be  enforced,  as  the  collection  of  other  taxes,  by  advertisement 
and  sale  of  the  property,  rights  and  franchises  levied  upon;  provided,  it 
shall  not  be  necessary  to  sell  at  the  same  time  as  for  delinquent  aa 
valorem  taxes.  At  any  such  sale  the  City  Tax  Collector,  or  such  other 
officer  as  may  be  designated  by  the  Board  of  Commissioners,  shall  exe- 
cute to  the  purchaser  a  deed  similar  to  the  one  executed  when  property  is 
sold  for  ad  valorem  taxes.  Such  assessment  and  lien  may  also  be  en- 
forced by  suit  brought  in  any  court  having  jurisdiction  thereof.  The  lien 
provided  for  shall  be  a  first  and  prior  lien  paramount  to  all  encumbrances 
except  taxes,  upon  the  roadbed,  ties,  rails,  fixtures,  rights  and  franchises 
of  the  person,  firm  company  or  corporation  owning  the  rail  road  or  street 
railroad  as  aforesaid. 

(e)  The  Board  of  Commissioners  shall  have  power,  by  resolution,  to 
order  the  making  of  the  public  improvements  mentioned  in  this  article,  or 
any  of  them,  by  majority  vote,  and  the  passage  of  such  resolution  shall 
be  conclusive  of  the  public  necessity  therefor  and  the  benefits  thereof, 
and  no  notice  of  such  action  by  the  board  of  commissioners  shall  be  re- 
quisite to  its  validity.  Such  resolution  shall,  in  general  terms,  set  forth 
the  natiu-e  and  extent  of  the  improvement  or  improvements  to  be  made, 
the  section  or  sections  of  any  public  highway  or  highways  to  be  improved, 
the  material  or  materials  with  which  the  improvements  are  to  be  con- 
structed, and  the  method  or  methods  under  which  the  costs  of  such  improve- 
ments are  to  be  paid.  Such  resolution  may  specify  that  said  improvements 
may,  at  the  election  of  the  commissioners  be  constructed  from  diff'erent 
materials,  and  may  specify  different  or  alternative  methods  of  making 
such  improvements,  and  providing  for  the  payment  of  the  costs   thereof. 

Upon  the  passage  of  such  resolution  it  shall  be  the  duty  of  the  city 
engineer  to  forthwith  prepare  specifications  for  the  said  improveiuent, 
which  specification  shall  embrace  the  difl'erent  materials  or  difl"erent  plans 
or  methods,  under  which  the  said  improvements  or  part  thereof,  are  to 
be  constructed  or  paid  for,  if  such  different  materials  or  alternative  plans 
or  methods  of  construction  or  payment  are  specified  in  said  resolution, 
and  such  specifications  shall  also  describe  the  character  of  bond  or  bonds 
to  be  required  of  the  successful  bidder  for  the  construction  of  said  im- 
provements or  the  maintenance  thereafter  as  hereinafter  provided.  ^\Tieu 
such   specifications   have   been   prepared,   they   shall   be   submitted   to   the 


Board  of  ConiiiiisHidnors  fur  their  approval.  I'he  Board  of  Commissioners 
shall  have  power  to  require  of  the  contractor  or  conti-actors  to  whom  the 
work  may  be  let,  a  bond  for  the  faithful  performance  of  the  contract, 
and  also  for  the  maintenance  of  the  work  in  good  condition  at  the  cost 
of  the  contractor  for  a  term  not  more  than  five  years  from  the  com- 
pletion thereof,  and  for  the  maintenance  thereof  by  the  contractor  at 
the  cost  of  the  city  for  an  additional  term  of  not  exceeding  five  years 
from  the  completion  of  such  work.  The  bonds  (if  anj^)  required  by  the 
board  of  commissioners  to  be  executed  by  the  contractor,  shall  be  exe- 
cuted by  such  contractor  or  contractors  to  whom  the  work  may  be  let, 
together  with  one  corporate  surety  acceptable  to  said  board  of  commis- 
sioners which  sliall  be  a  surety  company  authorized  to  do  business  within 
the  State  of  Texas. 

When  specifications  have  been  adopted  for  such  ii'iiprovements  by  the 
Board  of  Commissioners,  it  shall  be  the  duty  (  f  the  City  Secretary,  or  such 
other  officer  as  may  be  designated  by  the  Board  of  Commissioners,  to  at 
once  advertise  for  sealed  bids  for  the  construction  of  such  improvements 
in  acordance  with  the  specifications  adopted  therefor.  Such  advertise- 
ment shall  be  inserted  in  a  daily  paper  of  general  circulation  in  the 
City  of  Dallas,  and  shall  state  the  time  within  which  bids  may  b» 
i-eceived  as  prescribed  by  the  board  of  commissioners,  which  shall  be 
not  less  than  ten  or  more  than  fifteen  days  from  the  insertion  of  said 
advertisement.  Bids  shall  be  filed  with  the  City  Secretary,  or  sucli 
other  oflficer  as  the  Board  of  Commissioners  may  designate,  and  shall  be 
opened  and  read  in  public  meeting  of  the  Board  of  Commissioners.  The 
Board  of  Commissioners  shall  have  the  right  to  accept  such  bids  as  it 
shall  deem  most  advantageous  to  the  city  and  the  owners  of  the  prop- 
erty abutting  upon  the  public  highway  named  to  be  improved,  or  maj- 
reject  any  and  all  bids;  and  where  an  improvement  is  ordered  upon  dif- 
ferent specifications,  or  for  the  construction  of  work,  or  part  thereof, 
with  different  materials  or  under  different  plans  or  methods  of  con- 
struction or  payment  for  such  improvement,  the  Board  of  Commissioners 
shall  have  full  power,  after  opening  bids,  to  select  sucli  methods,  plan  or 
materials  for  making  said  improvement,  or  any  part  thereof,  as  it  may 
deem  best,  and  to  let  the  work  to  such  bidder  and  upon  such  bid  as  it 
may  select,  subject  to  the  terms  thereof.  No  bid  shall  be  amended,  re- 
vised or  changed  after  being  filed. 

(f)  When  bids  for  such  improvements  have  been  accepted  by  the 
Board  of  Commissioners,  the  city  shall  enter  into  contract  with  the  eon- 
tractor  or  contractors  to  whom  the  woi-k  has  been  let  for  the  performance 
thereof,  which  contracts  shall  be  executed  in  the  name  of  the  city  by 
its  Mayor  and  attested  by  the  City  Secretary,  or  such  other  officer  as 
may  be  designated  by  the  Board  of  Commissioners,  Avith  the  corporate 
seal.  The  contractor  or  contractors  to  whom  the  said  work  has  been 
let,  shall  execute  such  bond  or  bonds  as  may  be  required  by  the  Board  of 
Commissioners,  and  as  herein  provided.  Such  contract  and  bonds,  if 
satisfactory,   shall   be   approved   by  the   Board   of   Commissioners. 

(g)  Exclusive  of  the  cost  of  making  any  improvements  between,  and 
two  feet  on  each  side  of  the  tracks  and  rails  of  railroads  and  street 
railroads,  which  cost  is  to  be  assessed  against  and  wholly  paid  by  the 
owners  of  such  railroads  and  street  railroads  as  herein  provided,  and 
subject   to  the   tern^s   hereof,   the   City   of  Dallas,   acting  by   its   Board   of 


— oo — 

Comniissionei's,  sliall  Inivo  powei-  to  assess  the  whole  cost  of  constnicting, 
reconstructing  and  repairing  any  sidewalk,  and  not  to  exceed  two- 
thirds  of  the  cost  of  making  any  other  improvements  ordered  under  the 
terms  hereof,  against  the  owners  of  property  abutting  upon  the  public 
highway  or  highways,  or  part  of  section  thereof,  upon  which  such  im- 
provements are  to  be  constructed,  and  who  are  specially  benefitted 
thereby,  and  shall  have  power  to  fix  a  lien  against  such  property  to 
secure  the  payment  of  the  proportion  of  such  costs  assessed  against  the 
owners  of  such  property;  provided,  that  in  no  event  shall  such  costs  be 
assessed  against  sucli  owners  or  their  property,  or  their  personal  liability 
therefor  finally  determined,  until  after  the  hearing  hereinafter  mentioned, 
and  after  the  adjustment  of  equities  between  such  owners;  and  provided 
further,  that  the  cost  assessed  against  any  property  or  owner  thereof, 
shall  not  exceed  the  amount  of  the  special  benefit  in  enhanced  value, 
which  such  property  shall  receive  from  such  improvement. 

The  proportion  of  the  costs  of  such  improvement  which  may  be  assessed 
against  any  such  property  or  its  owners,  shall  be  in  proportion  to  the  front- 
age of  tlie  property  of  each  owner  to  the  whole  frontage  of  property 
on  the  public  highway  or  highways  or  section  thereof  so  or- 
dered to  be  improved  and  such  cost  shall  be  apportioned  in  accordance  with 
what  is  commonly  known  as  the  frontage  or  front  foot  rule;  provided, 
that  if  the  application  of  this  rule  would,  in  the  opinion  of  the  Board 
of  Commissioners,  in  particular  cases,  be  unjust  or  unequal,  it  shall  be 
the  duty  of  said  board  to  assess  and  apportion  said  costs  in  such  pro- 
portion as  it  may  deem  just  and  e  iuilu])Ie.  liaving  in  view  the  special 
benefits  in  enhanced  value  to  be  received  by  each  owner  "f  such  property, 
the  equities  of  such  owners  and  tlie  adjustment  of  sucii  apportionment, 
so  as  to  produce  a  substantial  equality  of  benefits  received  by  and  bur- 
dens imposed  upon  each  owner. 

The  Board  of  Commissioners  shall  also  have  power  to  provide  that  the 
proportion  of  the  said  cost  which  may  be  assessed  against  the  said  owners 
and  their  property  shall  bear  interest  at  a  definite  rate  not  to  exceed 
seven  per  cent  per  annum  when  the  payment  thereof  is  deferred,  and  shall 
have  the  power  to  include  in  any  assessment  which  may  be  made  against 
such  owners  and  their  property,  reasonable  costs  of  collecting  the  same 
where  such  costs  are  incurred,  and  reasonable  attorney's  fees  where  at- 
torney's fees  are  incurred. 

(h)  The  contract  or  contracts  for  such  improvement  and  the  bond  or 
bonds  (if  any  required)  having  been  executed  and  approved  by  the  Board 
of  Commissioners,  if  the  cost,  or  any  part  thereof,  of  such  improvement 
is  to  be  assessed  against  abutting  property,  or  owners  thereof,  it  shall  be 
the  duty  of  the  City  Engineer  to  at  once  prepare  a  written  statement 
which  shall  contain  the  names  of  such  persons,  firms,  corporations  or 
estates,  as  may  own  property  abutting  upon  the  section  or  sections  of  the 
public  highway  or  highways  named  to  be  improved,  the  number  of  front 
feet  owned  by  each,  and  describing  the  property  owned  by  each,  either  by 
lot  or  block  number,  or  otherwise  so  describing  such  property  as  may  be 
sufiScient  to  identify  the  same;  and  such  statement  shall  also  contain  an 
estimate  of  the  total  cost  of  such  improvement,  the  proportion  and 
amount  of  such  costs  to  be  assessed  against  abutting  property  and  the  own- 
ers thereof,  the  amount  per  front  foot  to  be  assessed  against  abutting  prop- 
erty and  its  owners,  and  the  total  estimatel  amount  to  be  assessed  against 


—50— 

each  owner.  Such  statement  shall  be  submitted  to  the  Board  of  Com- 
missioners, and  it  shall  be  the  duty  of  the  Board  of  Commissioners,  to 
examine  the  same  and  correct  any  errors  which  may  appear  therein,  but 
no  error,  omission  or  mistake  in  said  statement  shall  in  any  manner  in- 
validate any  assessment  made  or  lien  or  claim  of  personal  liability  fixed 
thereunder.  When  such  statement  has  been  examined  and  approved  by 
the  Board  of  Commissioners,  if  said  Board  of  Commissioners  shall  have 
determined  to  assess  any  part  of  the  costs  of  said  improvements  against 
such  property  owners  and  their  property,  it  shall  so  declare  by  resolu- 
tion directing  notice  thereof  to  be  given  to  the  owners  aforesaid  by  publi- 
cation for  five  successive  days  in  a  daily  newspaper  of  general  circulation 
in  the  City  of  Dallas,  and  also  by  mailing  to  said  owners  a  copy  of  said 
notice  bj^  registered  letter  deposited  in  the  pbstoffice  in  Dallas,  Texas, 
directed  to  the  address  of  said  owner,  if  known,  but  if  the  address  of  any 
owner  be  not  known,  then  to  the  agent  or  attorney  of  such  owner,  if 
known;  provided,  that  the  registered  letters  aforesaid  shall  be  deposited 
in  said  postoffice  not  less  than  ten  days  prior  to  the  date  set  for  the 
hearing  hereinafter  provided  for;  and  provided  further,  that  the  method 
herein  prescribed  for  service  of  notice  by  registered  letter  shall  be  merely 
cumulative  of  the  service  of  notice  by  publication  above  mentioned;  and 
provided,  that  in  all  cases  where  personal  service  by  registered  letter  shall 
not  be  obtained,  said  service  by  publication  shall,  nevertheless,  be  deemed 
valid  and  binding.  The  certificate  of  the  City  Secretary,  or  such  other 
officer  as  may  be  designated  by  the  Board  of  Commissioners,  to  the  effect 
that  the  address  of  any  such  owner  or  owners,  or  of  their  agent  or 
attorney,  is  unknown  to  him,  and.  that  personal  service  cannot  be  had 
upon  them  shall  be  deemed  conclusive.  Any  such  owner  may,  in  writing, 
waive  the  issuance  of  such  notice  and  service  thereof,  and  accept  service. 
The  notice  aforesaid  shall  state  the  time  of  the  hearing  hereinafter  pro- 
vided for,  the  general  character  of  the  improvements  determined  upon  by 
the  Board  of  Commissioners,  the  public  highway,  or  part  thereof,  to  be 
improved,  and  the  proportionate  part  and  amount  per  front  foot  of  the 
total  cost  of  the  proposed  improvement  which  is  contemplated  shall  be 
assessed  against  the  property  and  the  owners  thereof  abutting  upon  such 
highway  to  be  improved.  On  the  day  stated  in  the  notice  aforesaid,  or 
any  time  thereafter  before  any  special  assessment  is  actually  levied,  any 
person,  or  firm  or  corporation  interested  in  any  property  which  may  be 
claimed  to  be  subject  to  assessment  for  the  purpose  of  paying  the  cost  of 
any  improvement,  in  whole  or  part,  shall  be  entitled  to  a  full  and  fair 
hearing  before  said  Board  of  Commissioners  as  to  all  matters  afi'ecting 
said  property,  or  the  benefits  thereto,  of  such  improvements,  ay  any  claim  of 
liability,  or  objection  to  the  making  of  such  improvement,  or  any  in- 
validity I  r  irr(\!inlarity  in  any  of  the  proceedings  with  reference  to  making 
said  improvement,  or  any  other  objections  thereto.  Such  person,  firm  or 
corporation  shall  file  their  objections  in  writing,  and  thereafter  the  said 
Board  of  Commissioners  shall  hear  and  determine  the  same,  and  fvill 
opportunity  shall  be  given  to  the  persons,  firms  or  corporations  filing 
said  objections  to  produce  evidence,  subpoena  witnesses  and  to  appear  in 
person  or  by  attorney,  and  a  full  and  fair  hearing  thereof  shall  be  given 
by  the  said  Board  of  Commissioners,  which  hearing  may  be  adjourned  from 
time  to  time  without  further  notice.  And  the  Board  of  Commissioners, 
shall  have  full  power  to  inqiiire  into  and  determine  all  facts  necessary  to 


—57— 

the  adjudication  of  such  objections  and  the  ascertainment  of  special 
benefits  to  such  owners  by  means  of  such  impruvements;  and  shall  render 
such  judgment  and  order  in  each  case  as  may  be  just  and  proper.  Any 
objection  to  the  regularity  of  proceedings  with  reference  to  the  making 
of  such  improvements  as  herein  provided,  or  to  the  validity  of  any  as- 
sessment or  adjudication  of  personal  liability  against  such  property  or  the 
owners  thereof,  shall  be  deemed  waived  unless  presented  at  the  time  and 
in  the  manner  herein  specified.  The  day  set  for  such  hearing  shall  be  not 
less  than  ten  days  from  the  date  of  the  first  publication  of  said  notice. 

(i)  When  the  hearing  above  mentioned  has  been  concluded,  the  Board 
of  Commissioners  shall,  by  ordinance,  assess  against  the  several  owners  of 
property  and  against  their  property  abutting  upon  the  public  highway  or 
highways,  or  part  thereof,  ordered  to  be  improved,  such  proportionate  part 
of  the  costs  of  such  improvement  as  by  said  Board  of  Commissioners  may 
have  been  adjudged  against  said  respective  owners  and  their  property. 
Said  ordinance  shall  fix  a  lien  upon  such  property  and  declare  the  respec- 
tive owners  thereof  to  be  personally  liable  for  the  respective  amounts  to 
be  assessed;  and  shall  state  the  time  and  manner  of  payment  of  such 
assessments;  and  said  Board  of  Commissioners  may  order  that  the  said 
assessment  shall  be  payable  in  installments,  and  prescribe  the  amount, 
time  and  manner  of  payment  of  such  installments,  which  however,  ex- 
cept as  hereinafter  provided,  shall  not  exceed  three,  and  the  payment 
shall  not  be  deferred  beyond  three  years  from  the  completion  of 
such  improvement,  and  its  acceptance  by  the  city.  The  said  ordinance 
shall  also  prescribe  the  rate  of  interest  to  be  charged  upon  deferred  pay- 
ments; provided,  the  same  shall  not  exceed  seven  per  cent  per  annum; 
and  may  provide  for  the  maturity  of  all  deferred  payments  and  their 
collection  upon  default  in  the  payment  of  any  installment  or  principal  or 
interest. 

Each  property  owner,  his  heirs,  assigns  or  successors,  however,  shall 
have  the  privilege  of  discharging  the  whole  amount  assessed  against  him, 
or  any  installment  thereof,  at  any  time  before  maturity,  upon  payment 
thereof,  with  accrued  interest.  Upon  the  payment  by  any  property 
owner  of  his  assessment  in  full,  the  city  shall  cause  to  be  executed  by 
its  Mayor  and  duly  acknowledged  for  record,  a  release  of  the  lien  of 
such  assessment.  The  fact  that  more  than  one  parcel  of  lot  or  land,  the 
property  of  one  owner  or  jointly  owned  by  two  cr  more  persons,  firms  or 
corporations,'  have  been  assessed  together  in  one  assessment,  shall  not 
invalidate  the  same  or  the  lien  thereof,  or  any  claim  of  personal  liability 
thereunder.  The  cost  of  any  such  improvement  assessed  against  any 
property  or  owner  thereof,  together  with  all  costs  and  reasonable  ex- 
pense in  collecting  the  same,  including  reasonable  attorney's  fees  when  in- 
curred, shall  constitute  a  personal  claim  against  such  property  owner,  and 
shall  be  secured  by  a  lien  on  such  property  superior  to  all  other  liens, 
claims  or  titles,  except  city,  county  and  State  taxes,  and  such  personal 
liability  and  lien  may  be  enforced  either  by  suit  in  any  court  of  competent 
jurisdiction,  or  by  sale  in  the  same  manner,  as  far  as  applicable,  as  sales 
are  authorized  to  be  made  by  the  City  of  Dallas  for  the  non-payment  of 
taxes;  provided,  that  it  shall  not  be  necessary  to  sell  at  the  same  time  as 
for  delinquent  ad  valorem  taxes;  and  .the  Board  of  Commissioners  may, 
by  resolution  or  ordinance,  make  such  rules  and  regulitions,  not  incon- 
sistent with  law.  as  may  be  deemed  necessary  to  provide  for  the  speedy 


—58— 

collection  of  such  assessments  for  inn)i-(jvenients.  Any  error  or  oniission 
in  describing  property  or  designating  the  names  of  owners,  or  any  other 
error  or  omission,  may  be  corrected  at  any  time  by  the  Board  of  Com- 
missioners or  at  tlie  suit  of  any  interested  party.  In  any  suit  brought 
under  the  provisions  of  this  section,  it  shall  be  proper  to  join  as  de- 
fendants two  or  more  property  owners  who  are  interested  in  any  single 
improvement  or  any  single  contract  for  such  improvement;  the  person  or 
persons  who  own  property  at  the  date  of  any  ordinanse  providing  for 
the  assessment  thereof,  shall  be  severally  and  personally  liible  f(  r  their 
respective  portions  of  the  said  assessment. 

(j)  At  any  time  within  ten  days  after  the  hearing  herein  provided  for 
has  been  concluded,  any  person  or  persons,  corporation  or  c  rporatians, 
having  an  interest  in  any,  real  estate  which  may  be  subject  to  asse^-sment 
under  this  act,  or  otherwise,  having  any  financial  interest  in  such  im- 
provement or  improvements,  or  in  the  manner  in  which  the  cost  thereof  is 
to  be  paid,  who  may  desire  to  contest  on  any  ground  the  validity  of  any 
proceeding  that  may  have  been  had  witli  reference  to  the  making  of  such 
improvements  or  the  validity  in  whole  or  in  part  of  any  assessment  or 
lien  or  personal  liability  fixed  by  said  proceedings,  may  institute  for  that 
purpose  in  any  court  of  competent  jurisdiction.  Any  person  or  persons, 
corporation  or  corporations  who  shall  fail  to  institute  such  suit  ia  said 
period  of  ten  days,  or  who  shall  fail  to  diligently  prosecute  such  suit  in 
good  faith  to  final  judgment,  shall  be  forever  barred  from  making  any 
such  contest  or  contests,  and  this  estoppel  .shall  bind  their  heirs,  suc- 
cessors, administrators  and  assign.s.  The  City  of  Dallas  and  the  person 
or  persons  to  whom  the  contract  has  been  awarded  shall  be  made  de- 
fendants in  such  suit,  and  any  other  proper  ]>arties  may  be  joined  therein. 

There  shall  be  attached  to  plaintiff^'s  petition  an  afiidavit  of  the  truth 
of  the  matters  therein  alleged,  except  such  matters  as  are  alleged  en  in- 
formation and  belief,  and  that  said  suit  is  brought  in  good  faith  and  not 
to  injure  or  delay  the  city  or  the  contractor  or  any  owner  of  real  estate 
abutting  on  the  improvement.  Unless  the  provisions  of  this  section  are 
complied  with  by  plaintiff"  or  plaintiffs,  such  suit  shall  b^  dismissed  on 
motion  of  any  defendant,  and  in  that  event  plaintiff'  <  r  jduintiff's  shall  be 
barred  and  estopped  to  the  same  extent  as  if  suit  h id  n"t  been  bn  u'^ht. 
Tn  any  case  where  a  suit  is  brought  as  above  provided  in  this  section, 
then  the  performance  of  the  work  may  be  suspended  at  the  election  of 
either  the  city  or  the  contractors  until  such  suit  shall  lie  finally  determined 
in  the  court  of  original  jurisdiction  or  any  appelate  cmrt  to  which  the 
same  may  be  taken  by  appeal  or  writ  of  error;  provided,  that  any  appeal 
or  writ  of  error  shall  be  perfected  within  thirty  days  from  the  adjourn- 
ment of  the  term  of  court  of  original  jurisdiction  at  which  final  judgment 
was  rendered  in  such  suit;  and  provided,  that  no  appeal  ir  writ  of  error 
to  review  the  judgment  of  said  court  may  thereafter  be  ta';en  or  sued  out 
by  either  party;  and  provided,  that  any  such  sriit  shall  be  entitled  to  pre- 
cedence in  the  courts  of  this  State^  both  of  original  and  appellate  juris- 
diction, and  shall  be  heard  and  determined  as  promptly  as  practicable, 
and  to  that  end  either  party  thereto  may  move  for  an  early  hearing. 

(k)  When  the  Board  of  Commissioners  shall  have  reason  to  believe 
that  the  owner  or  owners  of  any  property  may  successfully  claim  the 
same  as  exempted  from  special  assessment,  said  Brard  of  Commissioners 
may  order  that  the  improvement  shall  not  he  made  in  front  of.  or  abutting 


—so- 
on, said  property,  unless  tlic  owner  or  owners  shall  lirst  make  satisfactory 
provision  for,  or  satisfactorily  secure,  the  payment  of  the  amount  of 
the  costs  wliieh  would  be  assessed  against  said  property  except  for  said 
exemption.  In  any  case  where  the  cost,  or  part  thereof,  is  to  be  paid  by 
such  property  owners  or  assessed  against  their  property,  and  the  con- 
tractor to  whom  the  work  is  let  is  required  to  look  primarily  or  wholly 
to  such  property  or  owners  thereof  for  the  payment  of  the  proportion  of 
the  cost  of  such  improvement  assessed  against  them^  and  the  city  is  re- 
lieved from  the  payment  of  such  proportion  of  the  cost,  and  such  contractor 
shall  not  be  obliged  to  make  such  improvements  in  front  of  any  property 
which  is  exempt  from  the  enforcement  of  a  lien  for  such  improvement, 
hut  may  omit  the  construction  thereof  in  front  of  such  property. 

(1)  Subject  to  the  provisions  hereof,  the  Board  of  Commissioners  may, 
when  deemed  just  and  proper,  order  improvements  to  be  made  on  only  one 
side  of  a  public  highway  or  highways,  or  section  or  portion  thereof,  and 
nuiy  assess  the  cost,  or  a  portion  thereof,  against  the  property  and  owners 
of  property  abutting  on  said  side  of  said  highway  or  highways,  or  section 
o'r  portion  thereof. 

(m)  Whenever  any  error  or  mistake  shall  occur  in  any  proceding  pro- 
vided for  by  this  act,  it  shall  be  the  duty  of  the  Board  of  Commissioners 
to  correct  the  same,  and  whenever  it  shall  have  been  finally  determined  in 
any  suit  that  any  assessment  against  any  property  or  its  owner,  or  lien 
against  such  property  or  claim  of  personal  liability  fixed  or  attempted  to 
be  fixed  under  the  terms  hereof,  is^  for  any  reason,  invalid,  unlawful  or 
unenforcible,  then  it  shall  be  the  duty  of  the  Board  of  Commissioners  to 
at  once  proceed  to  re-assess  against  such  property  and  the  owners  thereof 
such  proportion  of  the  costs  of  making  such  improvement  as  may  be  proper, 
lawful  and  just,  and  to  fix  a  lien  against  said  property  and  declare  the 
personal  liability  of  the  owner  thereof,  and  said  Board  of  Commissioners 
shall  have  power,  and  it  shall  be  its  duty,  by  ordinance  or  resolution,  to 
adopt  such  rules  and  regulations  and  to  make  such  orders  as  shall,  in  com- 
pliance with  the  law,  provide  for  correcting  said  mistakes  and  making  a 
valid  re-assessment  against  said  property  and  fixing  a  valid  lien  thereon, 
and  a  valid  personal  liability  against  the  owner  thereof;  and  said  board 
shall  hav^e  power,  and  it  shall  be  its  duty  to  adopt  such  rules  and  regula- 
tion»  for  a  hearing  to  the  owners  of  said  property  before  said  re-assess- 
ment, which  may  be  necessary  or  proper  in  order  to  legally  bind  such 
owners  and  their  property  by  said  re-assessment;  and  shall  have  power  to 
adopt  all  other  rules  and  regulations  which  may  be  requisite  to  a  valid 
re-assessment  of  such  property  or  fixing  a  personal  liability  against  the 
owners  thereof. 

(n)  Subject  to  the  terms  hereof,  the  cost  of  any  such  improvement  or 
improvements,  after  deducting  the  portion  of  such  costs  which  may  be  as- 
sessed against  any  railroad  or  street  railroad  and  the. portion  of  such  costs 
which  may  have  been  finally  assessed  against  property  abutting  upon 
the  highAvay  or  highways,  or  section  or  portion  thereof,  ordered  to  be  im- 
proved, and  against  the  owners  of  such  property,  shall  be  borne  and  paid 
by  the  city. 

(o)  In  addition  to  the  power  hereby  conferred  upon  the  Board  of 
Commissioners,  by  majority  vote,  to  order  the  construction  of  any  street 
improvement  or  improvements,  as  herein  defined,  and  to  assess  the  cost 
thereof,  in  whole  or  part,  against  the  owners  of  abutting  property;   when- 


—60— 

ever  the  owners  of  two-thirds  of  the  front  feet  of  property  abutting  upon 
any  highway  or  highways,  or  sections  or  part  thereof,  shall,  in  writing, 
petition  for  the  improvement  thereof;  and  shall,  in  said  petition,  agree 
to  pay  two-thirds  of  the  cost  of  such  improvements  in  front  of  their  re- 
spective property,  and  of  improving  intersections  of  streets  and  alleys, 
exclusive  of  such  cost  as  is  payable  under  the  terms  hereof  by  railroads 
or  street  railroads,  and  shall  generally  designate  the  nature  of  the  pro- 
posed improvements;  the  said  board  must  order  the  construction  of  said 
improvements;  provided,  only  that  before  a  resolution  ordering  the  said  im- 
provement shall  be  passed  by  the  Board  of  Commissioners,  it  shall  be  satis- 
fied, from  the  said  petition  or  from  such  other  evidence  as  may  be  submitted 
to  it,  that  exclusive  of  the  cost  of  the  said  improvement  to  be  paid  by  rail- 
roads and  street  railroads,  at  least  one-half  of  the  whole  cost  of  said  proposed 
improvement  can  be  secured  by  valid  assessment  against  property  abutting 
upon  the  public  highway  or  highways,  or  section  thereof  to  be  improved, 
and  the  owners  thereof,  or  will  otherwise  be  satisfactorily  secured.  If 
said  petition  shall  specify  any  particular  kind  of  material  or  pavement 
desired  by  the  petitioners,  then  the  work  shall  be  ordered  constructed  with 
that  material  or  pavement  only,  and  bids  taken  accordingly;  provided, 
that  in  such  cases  the  petition  may  stipulate  the  maximum  cost  per 
front  foot,  cubic  or  square  yard,  at  which  the  work  shall  be  let,  and  no 
contract  shall  be  let  at  a  greater  cost  than  is  thus  stipulated.  Where 
improvements  are  ordered  to  be  made  upon  such  petition  as  pro- 
vided in  this  sub-section,  the  method  of  procedure  with  reference  thereto 
and  with  reference  to  assessing  the  cost  thereof  against  abutting  prop- 
erty and  the  owners  thereof,  shall,'  subject  to  the  special  provisions  of 
this  sub-section  o,  be  in  accordance  with  the  terms  and  provisions  of 
this  article.  Where  improvements  are  to  be  made  upon  such  petition 
and  as  provided  by  this  sub-section,  the  work  shall  not  actually  be  be- 
gun until  two-thirds  of  the  cost  of  said  improvement,  exclusive  of  the 
part  of  the  cost  to  be  paid  by  railroads  or  street  railroads,  shall  have 
been  assessed  against  the  property  abutting  upon  the  public  highway  or 
highways,  or  section  thereof,  to  be  improved,  and  against  the  owners  of 
such  property,  in  the  manner  hereinbefore  provided  in  this  section; 
provided,  however,  that  no  assessment  shall  be  made,  claim  of  personal 
liability  fixed  against  any  such  property  or  the  owners  thereof,  except 
after  the  hearing  as  hereinbefore  provided,  nor  for  a  greater  amount 
than  the  special  benefit  in  enhanced  value  accruing  to  such  property 
and  its  owners;  and  provided,  that  whenever,  after  such  assessment, 
the  board  of  commissioners  shall  be  of  the  opinion  that  an  assessment 
against  any  property  and  the  lien  thereby  fixed  can  not  be  enforced  on 
account  of  the  exemption  of  such  property,  the  board  of  commissioners 
may  direct  that  such  improvement  shall  not  be  made  in  front  of  such 
property,  or  may  require  the  owner  of  such  property  to  pay  or  secure 
the  payment  of  the  pro  rata  amount  of  said  cost  assessed  against  such 
property  before  such  improvement  shall  be  made  in  front  of  the  same. 
Where  improvements  are  made  under  the  terms  of  this  sub-section  o,  and 
the  cost,  or  part  thereof,  is  assessed  against  the  abutting  property  or 
the  owners  thereof,  the  proportion  of  the  cost  assessed  against  them  and 
their  property  shall  be  payable  to  the  City  of  Dallas  in  ten  annual  in- 
stallments, the  first  of  which  shall  become  dvie  one  year  from  the  com- 
pletion  of   said   work,    and   its   acceptance   by   the   city;    said   installments 


—61— 

shall  bear  interest  as  hereinbefore  provided,  at  seven  per  cent  per  annum, 
and  sliall  otherwise  be  subject  to  the  provisions  of  this  article  as  to 
similar  assesments  and  the  payment  thereof.  When  improvements  are 
made  under  the  terms  of  this  sub-section,  the  city  ma}',  out  of  the  per- 
manent street  improvement  fund  hereinafter  defined,  or  out  of  any  other 
fund  which  may  be  available,  pay  to  the  contractor  the  whole  cost  of 
such  improvement,  subject  to  the  terms  of  the  contract  or  contracts  en- 
tered into  therefor,  except  such  proportion  of  the  cost  as  may  be  assessed 
against  railroads  or  street  railroads  as  herein  provided;  but  two- thirds 
of  said  cost  paid  by  the  city  and  assessed  against  said  property  and  the 
owners  thereof,  or  secured  by  them  to  the  city,  shall  be  repaid  by  such 
owners  to  the  city  in  installments  and  with  interest  as  herein  set  forth; 
provided,  that  any  property  owner  may  pay  the  whole  amount  assessed 
against  him  and  his  property  in  cash  to  the  city  at  any  time.  Such 
payments  shall  become  a  part  of,  and  sacredly  preserved  in,  said  street 
improvement  fund,  but  any  part  of  said  fund  may  be  used  and  in- 
vested and  re-invested  by  the  city  for  making  other  permanent  street  im- 
provements, provided,  that  sums  so  used  or  re-invested,  shall  be  secured 
by  assessment  against  property  abutting  upon  such  improvement  and  the 
owners  thereof. 

(p)  Where  public  improvements  are  ordered  to  be  made  otherwise 
than  upon  such  petition  and  in  the  manner  set  forth  in  sub-section  o, 
hereof,  the  cost,  or  part  thereof,  may  be  assessed  against  abutting  prop- 
erty and  its  owners,  as  herein  provided,  and  in  such  cases  the  board  of 
commissioners  may  provide  that  for  that  part  of  the  cost  which  may  be 
assessed  against  such  property  and  its  owners,  the  contractor,  to  whom 
the  work  may  be  let,  shall  look  only  to  such  property  owners  and  their 
.property,  and  that  the  city  shall  be  relieved  of  liability  for  such  por- 
tion of  the  cost.  The  board  of  commissioners  may  also  authorize  as- 
signable certificates  against  abutting  property  or  property  owners,  or 
against  persons,  firms,  or  corporations  using  or  occupying  the  public 
highways  to  be  issued  to  the  contractor  or  to  the  city  and  shall  prescribe 
the  form  and  terms  of  such  certificate.  The  recital  in  such  certificates 
that  the  proceedings  with  reference  to  making  such  improvements  have 
been  regularly  had  in  compliance  with  the  terms  hereof,  and  that  all 
prerequisites  to  the  fixing  of  tlie  lien  and  claim  of  personal  liability 
evidenced  by  such  certificate,  have  been  performed,  shall  be  prima  facie 
evidence  of  the  facts  so  recited,  and  no  other  proof  thereof  shall-  be  re- 
quired, but  in  all  courts  the  said  proceedings  and  prerequisites  shall, 
without  further  proof,  be  presumed  to  have  been  had  or  performed. 
Such  certificates  shall  be  executed  by  the  Mayor  and  attested  by  the  City 
Secretary,  or  such  other  officer  as  may  be  designated  by  the  board  of 
commissioners,   with   the   corporate   seal. 

(q)  The  city  shall  have  power  to  borrow  money  on  its  credit,  and  the 
Board  of  Commissioners,  may,  by  ordinance,  authorize  the  issuance  by 
the  city  of  its  negotiable  coupon  bonds  for  the  purpose  of  making 
permanent  street  imprvements  as  embraced  in  the  terms  of  this  article. 
Such  bonds  shall  bear  interest  at  the  rate  of  not  more  than  five  per  cent 
per  annum,  payable  in  semi-annual  installments,  and  the  principal  thereof 
shall  be  payable  in  not  less  than  forty  years  from  their  date.  Such 
bonds  shall  otherwise  be  issued  and  executed  in  accordance  with  the  terins 
of  this  charter  with   reference  to  the   issuance   of  other  bonds;    provided. 


—62— 

that  no  silfch  bonds  shall  be  issued  unless  the  question  of  suuh  issue  shall 
first  be  submitted  to  a  vote  of  the  qualified  property  taxpayers,  and  tlie 
same  shall  be  approved  at  such  election  in  accordance  with  the  provisions 
of  this  act  applicable  thereto. 

The  city  may  for  the  purpose  of  making  jJeiT'iant-nt  street  improve- 
ments and  providing  for  the  interest  and  sinking  fund  of  said  bonds,  levy 
an  annual  tax  of  tvk'enty-five  (.25)  cents  on  eacli  one  hundred  (100) 
dollars  of  taxable  property  within  the  city,  provided  the  same  shall  first 
be  approved  by  a  majority  of  the  qualified  property  taxpayers  voting 
thereon  at  an  election  wherein  the  question  of  such  levy  is  submitted 
to  a  vote  of  such  taxpayers.  Of  such  tax,  so  much  as  may  be  necessary, 
shall  after  such  election  and  without  any  further  submission  to  a  vote 
of  such  taxpayers,  be  annually  levied  for  the  purpose  of  paying  interest 
on,  and  providing  for  the  sinking  fund  of,  such  bonds;  and  so  much 
as  may  be  necessary  of  the  proceeds  of  said  tax  shall  be  applied  to  these 
purposes.  The  remainder  of  the  proceeds  of  such  tax  shall,  together 
with  the  special  assessments  collected  by  the  city  upon  abutting  property 
or  its  owners  for  street  improvements,  become  part  of  a  special  and 
sacred  fund  to  be  known  as  the  Permaneat  Street  Improvement  Fund; 
which  fund  shall  be  used  or  advanced  only  for  the  payment  of  the  cost, 
or  part  thereof,  of  any  permanent  street  improvement  constructed  under 
the  terms  of  this  section.  The  Board  of  Commissioners  shall  have  au- 
thority to  sell  the  said  bonds  and  apply  the  proceeds  of  the  said  sale 
to  the  purpose  of  making  such  permanent  street  improvements,  but 
the  said  bonds  shall  not  be  sold  f9r  less  than  par.  Such  bonds  shall 
not  be  sold  by  the  city  until  approved  by  the  Attorney  General  of  the 
State  and  registered  by  the  Comptroller  in  accordance  with  the  provisions 
of  this  charter. 

(r)  "Wliereas,  the  City  of  Dallas  has  entered  into  contracts  for  the 
purpose  of  making  sundry  improvements,  and  may  enter  into  other  such 
contracts  before  this  act  shall  take  effect,  under  which  contracts  it  is 
contemplated  or  may  be  provided  that  all  or  part  of  the  cost  of  siich 
improvements  shall  be  assessed  against  property  abutting  upon  the  streets 
or  highways  upon  which  said  improvements  arfe  to  be  made,  and  the 
owners  thereof,  and  further  procedure  is  or  may  be  necessary  to  carry 
into  effect  such  contracts  and  fully  effect  said  assessments,  and  to  pro- 
vide for  the  collection  thereof;  therefore,  njotwithstanding  the  repeal 
hereby  of  the  existing  charter  of  the  City  of  Dallas,  and  its  amend- 
ments, the  said  existing  charter  and  amendments  and  the  ordinances  of 
said  city  shall  remain  in  full  force  and  effect  for  the  purpose  only 
of  carrying  into  effect  such  contracts  as  have  been  or  may  be  entered 
into  under  such  existing  charter  and  its  amendments  and  the  said  or- 
dinances ;  and  tlie  Board  of  Commissioners,  created  and  authorized  by 
this  charter,  are  hereby  authorized  and  directed,  and  it  is  hereby  made 
their  duty,  to  do  and  perform  or  cause  to  be  done  and  performed  all 
things  which,  by  said  existing  charter  and  its  amendments  and  the  or- 
dinances of  said  city,  the  City  Council  of  said  city,  and  officers  thereof, 
acting  thereunder,  are  now  authorized  or  permitted  to  do  in  order  to 
carry  into  effect  the  terms  of  said  contracts  and  to  assess  the  cost  of 
improvements  against  such  property  and  its  owners,  and  to  provide  for 
the  collection  of  said  assessments,  and  to  provide  for  the  issuance  of 
assignable    certificates    therefor:    and    to    do    and    perform    any    other    act 


— 6;j  - 

or  thing  which  may  be  necessary  under  the  said  existing  charter  and  the 
amendments  thereto  and  ordinances  of  said  city  to  give  effect  to  said 
contracts  and  to  provide  for  the  enforcement  thereof. 

(s)  The  passage  by  the  Board  of  Commissioners  of  an  ordinance  finally 
assessing  against  any  property,  or  the  owner  thereof,  the  cost,  or  part 
thereof,  of  any  improvement,  and  fixing  a  lien  upon  such  property, 
shall  operate  as  notice  of  such  assessment  and  lien  as  against  all  credi- 
tors of  the  owner  of  such  property  and  all  purchasers  thereof,  and  the 
lien  thereby  fixed  shall,  without  further  record  or  proceeding,  be  effect- 
ive against  such  creditors  or  purchasers. 

■  Sec.  2.  The  term  "Sidewalk"  as  embraced  in  this  urlicli'  sliall  also  in- 
clude curbs.  The  City  of  Dallas,  acting  by  its  Board  nf  Cuuiiuissioners. 
is  hereby  empowered  to  construct,  reconstruct,  repair  or  cause  to  be  con- 
structed, reconstructed  or  repaired  sidewalks  upon  or  along  any  street 
or  avenue  or  public  place,  square  or  alley,  or  any  part  or  section  thereof, 
within  the  said  city;  and  to  assess  the  whole  cost  of  the  said  sidewalks  dr 
part  of  same  against  the  property  which  shall  abut  or  front  thereon  and  the 
owners  thereof,  except  the  cost  of  excavation  or  grading,  which  shall 
be  borne  by  the  city. 

(a)  The  power  to  construct,  reconstruct  or  repair  said  sidewalks,  or 
cause  the  same  to  be  constructed,  reconstructed  or  repaired,  as  provided 
in  this  section,  and  tlie  procedure  and  iiiethods  herein  provided,  shall 
be  exclusive  of,  and  in  addition  to,  such  powers  as  are  conferred  and 
sucli  procedure  and  nietliods  as  are  set  forth  in  section  1  of  this  article 
and   sub-sections   thereunder. 

(b)  The  Board  of  Commissioners  shall  have  power,  in  their  discre- 
tion by  resolution  passed  by  a  majority  vote,  to  order  the  construction, 
reconstruction  or  repair  of  sidewalks,  as  herein  provided,  along  or  upon 
any  street  or  avenue,  public  place,  alley,  or  square,  or  part  or  section 
thereof,  within  the  city,  or  in  front  of  any  property  abutting  upon  the 
same.  Xo  notice  of  the  passage  of  said  resolution  shall  be  necessary. 
Such  resolution  shall,  in  general  terms,  describe  the  sidewalk  ordered  to 
be  constructed,  reconstructed  or  repaired,  the  materials  of  which  it  is 
to  be  constructed  or  repaired,  and  the  street,  avenue,  alley,  square  or 
place,  or  part  or  section  thereof,  along  which  said  sidewalk  is  to  be  con- 
sti-ucted,  reconstructed  or  repaired. 

(c)  Upon  the  passage  of  the  said  resolution,  it  shall  be  the  duty  of  the 
City  Engineer  to  forthwith  prepare  and  present  to  the  said  Board  of 
Commissioners  specifications  for  the  s.aid  sidewalks  or  repairs  for  same, 
detailing  the  manner  of  construct  inn,  iccc  instruction  or  repair  thereof, 
and  the  material  or  materials  of  which  the  same  is  to  be  constructed, 
reconstructed  or  repaired.  If  satisfactory,  the  Board  of  Commissioners 
shall  approve  the  said  specifications  and  the  same  shall  remain  on  file 
in  the  office  of  the  City  Engineer. 

(d)  I'pon  the  approval  of  said  specifications,  the  City  P]ngineer  shall 
at  once  prepare  and  file  with  said  Board  of  Commissioners  statement 
consisting  of  the  name  or  names  of  the  owner  or  owners  of  property 
abutting  upon  the  street,  avenue,  alley,  public  place  or  square,  or  part 
or  section  thereof,  where  sidewalks  are  ordered  to  be  constructed,  re- 
constructed or  repaired,  and  a  brief  description  of  the  property  of 
each  owner,  which  may  be  by  lot  and  block  number,  or  any  other  de- 
scription  which   shall   be   siillicient  to   id'Oitify   the  same,  together  with  an 


—64— 

estimate  of  the  cost  of  the  said  sidewalk  or  the  repair  of  same  in  front 
of  the  property  of  each  owner,  exclusive  of  the  cost  of  grading  and  ex- 
cavation. Upon  the  filing  of  said  statement,  it  shall  be  the  duty  of  the 
C^ity  Secretary,  or  such  other  officer,  as  may  be  designated  by  the  Board 
of  Commissioners,  to  publish  in  a  jdaily  newspaper  of  general  circulation 
within  the  City  of  Dallas  a  notice  to  the  owner  or  owners  of  property 
in  front  of  which  said  sidewalk  or  sidewalks  are  to  be  constructed,  re- 
constructed or  repaired,  which  notice  shall  briefly  recite  the  fact  that 
sidewalks  have  been  ordered  to  be  constructed,  reconstructed  or  repaired 
by  the  Board  of  Commissioners,  and  state  the  street,  avenue,  alley, 
place  or  square,  or  section  or  part  thereof,  along  which  the  same  are 
ordered  to  be  constructed,  reconstructed  or  repaired,  and  that  plans  and 
specifications  for  such  work  liavo  been  adopted  by  the  Board  of  Com- 
missioners and  are  on  file  in  the  oftice  of  the  City  Engineer,  and  notify- 
ing the  owners  of  property  abutting  upon  such  proposed  sidewalk  or 
sidewalks  to  construct,  reconstruct  or  repair  same  in  accordance  with  said 
resolution  and  specifications  within  thirty  days  from  the  publication  of 
the  said  notice. 

The  Board  of  Commissioners  shall  have  power  to  adopt  rules  and  reg- 
ulations for  giving  additional  notice  to  the  owner  or  owners  of  such  prop- 
erty in  such  manner  as  may  be  by  said  Board  of  Commissioners  pre- 
scribed, or  for  personal  service  of  notice  upon  property  owners,  but  any 
such  notice  shall  be  in  addition  to,  and  cumulative  of,  the  advertisement 
above  provided  for,  and  service  of  notice  by  such  advertisement  sliall 
be  deemed  sufficient  without   further  or   additional   notice. 

(e)  The  owner  or  owners  of  property  abutting  upon  the  street,  avenue, 
public  alley,  place  or  square,  or  part  or  section  thereof,  along  which 
sidewalks  are  ordered  to  be  constructed,  reconstructed  or  repaired,  shall, 
within  .thirty  days  from  the  publication  of  such  notice,  construct,  re- 
construct or  repair  the  said  sidewalks  in  accordance  with  such  specifi- 
cations, at  his  or  their  own  cost  and  expense,  except  the  cost  of  excavat- 
ing and  grading,  which  shall  be  borne  by  the  city. 

(f)  The  failure  of  any  owner  or  owners  of  property  in  front  of  whose 
property  sidewalks  have  been  ordered  to  be  constructed,  reconstructed 
or  repaired,  under  the  terms  hereof,  to  construct,  reconstruct  or  repair 
the  same  as  herein  provided,  within  thirty  days  from  the  giving  of  the 
said  notice,  is  hereby  declared  to  be  a  public  nuisance,  and  the  city, 
acting  by  its  Board  of  Commissioners,  is  hereby  authorized,  by  ordinance, 
to  declare  the  failure  to  so  constrvict,  reconstrvict  or  repair  such  side- 
walks   an   offense   against   the    criminal    ordinances    of    said    city,   and   to 

,  declare  each  day  wherein  the  owner  of  such  property  shall  neglect  to  so 
construct,  reconstruct  or  repair  said  sidewalk  after  said  thirty  days  a 
separate  offense,  and  to  impose  a  penalty  for  such  ofi'ense  by  fine  upon 
conviction  in  the  corporation  court  not  exceeding  one  hundred  (100)  dol- 
lars. 

(g)  If  the  ow'ner  or  owners  of  any  property  in  front  of  which  side- 
walks are  ordei'^ed  to  be  constrvicted,  reconstructed  or  repaired,  under 
the  terms  hereof,  shall  not.  within  thirty  days  from  the  publication  of 
said  notice,  have  so  constructed,  reconstructed  or  repaired  said  side- 
walk, the  Board  of  Commissioners  shall  have  power,  by  resolution,  and 
it    shall    be    their    duty,    to    order    their    construction,    reconstruction    or 

■  repair  by  the  city,  and  to  cause  the  samp  to  be  constructed,  reconstructed 


—65— 

or  repaired  either  direct  by  the  city  or  to  let  the  work  of  construction, 
reconstruction,  or  repairing  the  same  by  contract  under  such  rules  and 
regulations  as  may  be  adopted  by  tlic  Board  of  Comniissioncis,  and  witli 
or  without  competitive  bidding,  at  tlio  discretion  of  tin-  Unard  of  Com- 
missioners. 

(h)  Whenever  tlie  (.-ily  shall  liave  construetcd,  reconstructed  or  re- 
paired, or  caused  to  be  constructed,  reconstructed  or  repaired  any  side- 
walk, as  herein  provided,  the  Board  of  Commissioners  shall  have  power 
to  assess  the  whole  cost  thereof,  except  the  cost  of  excavation  and  grad- 
ing which  shall  be. borne  by  the  city,  against  the  property  abutting  upon 
the  street,  avenue,  alley,  place  or  square,  upon  which  said  sidewalks 
shall  have  been  constructed,  reconstructed  or  repaired,  and  the  owner 
or  owners  thereof;  provided  that  no  assessment  sl\all  be  made  against 
any  property,  or  its  owner  or  owners,  or  personal  liability  declared  un- 
less the  said  property  shall  be  specifically  benefited  by  tlie  construction, 
reconstruction  or  repair  of  the  said  sidewalk,  nor  for  any  sum  in  ex- 
cess of  the  special  benefit  in  enhanced  value  which  shall  accrue  to  the 
said  property  and  its  owner  from  the  construction,  reconstruction  or  re- 
pair of  the  said  sidewalk.  When  such  sidewalk  is  ordered  to  be  con- 
structed, reconstructed  or  repaired  in  front  of  the  property  of  one  owner, 
subject  to  the  terms  hereof,  the  cost  of  such  sidewalk  shall  be  assessed 
against  such  property,  and  the  owner  thereof.  Where  sidewalks  are 
ordered  to  be  constructed,  reconstructed  or  repaired  in  front  of  the  prop- 
erty of  more  than  one  owner,  or  in  front  of  more  than  one  lc)t  along 
any  street,  avenue,  public  alley,  sqiiare  or  place,  or  part  or  sectiosi 
thereof,  the  cost  of  construction,  reconstruction  or  repair  of  the  said 
sidewalk  in  front  of  the  property  of  each  owner  shall  be  assessed  against 
such  owner  and  his  property  separately  and  a  separate  liability  against 
such   owner   declared. 

(i)  Jfo  assessment  for  the  cost  of  such  side\valk  shall  be  made  against 
any  property  or  its  owner,  until  the  Board  of  Commissioners  shall  have 
first  so  declared,  by  resolution,  directing  notice  thereof  to  be  given  to  the 
owner  or  owners  of  such  property.  Said  notice  shall  be  given  by  ad- 
vertising the  same  in  a  daily  newspaper  of  general  circulation  in  the 
City  of  Dallas  for  three  consecutive  days,  and  also  by  mailing  to  said 
owner  or  owners  a  copy  of  said  notice  by  registered  letter  deposited  in 
the  post  office  of  Dallas  directed  to  the  address  of  said  owner,  if  known, 
but  if  the  address  of  any  owner  be  not  known,  then  to  the  agent  or  attor- 
ney of  such  owner,  if  known;  provided,  that  the  letters  aforesaid  shall 
be  deposited  in  the  post  office  not  less  than  five  days  prior  to  the  date 
set  for  the  hearing  hereinafter  mentioned;  and  provided,  further,  that 
the  method  herein  prescribed  for  service  of  notice  by  registered  letter 
shall  be  merely  cumulative  of  the  service  of  notice  by  publication  above 
mentioned;  and  provided,  that  in  all  cases  where  personal  service  by 
letter  shall  not  be  obtained,  the  service  by  publication  shall  be  deemed 
valid  and  binding.  The  notice  aforesaid  sliall  state  the  time  of  the  hear- 
ing hereinafter  mentioned,  the  general  character  of  the  sidewalk  or- 
dered to  be  constructed,  reconstructed  or  repaired,  the  street,  avenue, 
public  alley,  square  or  place,  or  part  or  section  thereof,  along  which 
the  same  has  been  constructed,  reconstructed  or  repaired,  and  that  the 
cost  of  the  said  work  is  proposed  to  be  assessed  against  the  owner  or 
owners   of   property   abutting   thereon,   and    the   date   set    for   the   hearing. 


—66— 

Said  hearing  shall  bo  not  less  than  one  week  from  the  date  of  the  first 
publication  of  the  said  notice.  On  the  date  stated  in  the  notice  afore- 
said, or  at  any  time  thereafter,  before  any  assessment  is  actually  levied, 
any  person  or  corporation  interested  in  any  property  which  may  be 
claimed  to  be  subject  to  assessment  for  the  purpose  of  paying  the  cost 
said  sidewalks,  or  any  other  objection  thereto.  Such  objection  shall  be 
entitled  to  a  full  and  fair  hearing  before  the  Board  of  Commissioners 
as  to  all  matters  affecting  said  property  or  the  benefits  thereto,  of  such 
construction,  reconstruction  or  repair  of  such  sidewalk,  or  as  to  any  per- 
sonal liability  therefor,  or  as  to  any  irregularity  or  invalidity  in  the 
proceedings  with  reference  to  constructing,  reconstructing  or  repairing 
said  sidewalks,  or  any  other  objection  thereto.  Such  objection  shall  be 
filed  in  writing  specifying  the  nature  thereof,  and  full  opportunity  shall 
be  given  to  the  person  or  corporation  filing  the  same  to  produce  evidence, 
subpoena  witnesses,  and  to  appear  in  person  or  by  attorney,  and  a  full 
and  fair  hearing  thereof  shall  be  given  by  the  said  board;  which  hearing 
may  be  adjourned  from  time  to  time  without  further  notice. 

The  Board  of  Commissioners  shall  have  power  to  inquire  into  and 
determine  all  facts  necessary  to  the  adjudication  of  such  objections  and 
the  ascertainment  of  special  benefits  to  the  owners  by  means  of  the 
construction,  reconstruction  or  repair  of  such  sidewalk,  and  shall  render 
such  judgment  or  order  in  each  case  as  may  be  just  and  proper. 

Any  objection  to  the  regularity  of  proceedings  with  reference  to  the 
construction,  reconstruction  or  repair  of  such  sidewalk,  or  to  the  validity 
of  any  assessment,  or  the  determination  of  personal  liability  against 
such  property  or  its  owners,  shall  be  deemed  waived  unless  presented  at 
the  time  and  in  the  manner  herein  specified. 

(j)  When  the  hearing  above  mentioned  has  been  concluded,  the  Board 
of  Commissioners  shall,  by  ordinance,  assess  against  the  owner  or  own- 
ers of  prt)perty,  or  against  their  property  abutting  upon  tlie  *idew"alks 
so  constructed,  reconstructed  or  repaired,  the  cost  of  constructing,  re- 
constructing or  repairing  such  sidewalk  in  front  of  the  property  of  each 
owner  and  adjudge  and  declare  a  personal  liability  against  such  owner 
or  owners  thereof,  if  it  shall  have  been  determined  by  the  board  upon 
such  hearing  that  said  owner  or  owners  and  their  property  have  been 
benefited  in  the  enhanced  value  of  said  property  in  an  amount  at  least 
equal  to  such  cost;  but  if,  in  any  case,  it  shall  have  been  deteraiined 
on  such  hearing  that  the  property  of  any  owner  is  not  benefited  in  en- 
hanced value  by  such  construction,  reconstruction  or  repair  of  such  side- 
walk, then  no  assessment  shall  be  made  against  the  property  of  such 
owner;  or  if,  after  such  hearing,  it  shall  be  determined  by  said  board 
that  said  propertj^  has  been  benefited  in  enhanced  value  in  any  amount 
less  than  the  cost  of  the  construction,  reconstruction  or  repair  thereof, 
then  said  Board  of  Commissioners  shall  assess  against  said  owner  and 
his  property  only  such  amount  as  shall  equal  the  benefit  received  by  such 
owner  and  his  property.  The  ordinance  making  the  said  assessment 
shall  fix  a  Hen  upon  the  property  of  each  owner  or  owners  and  declare 
the  owner  or  owners  thereof  to  be  personally  liable  for  the  respective 
amounts  which  may  be  against  them  assessed;  and  shall  state  the  time 
at  which  the  said  assessments  shall  be  paid,  which  shall  not  be  longer 
than   thirty    days    from   the   date   of   making   the   same.      Such   assessment 


—67— 

shall  bear  interest  from  the  date  of  nuiking  the  siinie  until  paid  at  the 
rate  of  eight  per  cent  per  annum. 

(k)  The  amount  assessed  under  the  terms  hereof  against  any  prop- 
erty, or  owner  thereof,  shall  be  secured  by  a  lien  upon  said  property, 
and  shall  constitute  a  personal  liability  against  the  owner  or  owners 
thereof  in  favor  of  the  City  of  Dallas,  and  the  said  liability  and  lien 
may  be  enforced  either  by  suit  in  any  court  of  competent  jurisdiction, 
or  by  sale  of  such  property  of  said  owner  or  owners,  in  the 
manner  provided  by  law  and  this  charter  for  the  sale  of  prop- 
erty for  other  taxes.  Said  assessment  shall  include  all  costs  and 
expenses  of  collecting  the  same  where  such  costs  are  incurred,  including 
reasonable  attorney's  fees  where  such  attorney's  fees  are  incurred.  In 
all  cases  where  sale  of  any  property  shall  be  made  for  non-payment  of 
such  assessment  or  assessments  in  the  manner  provided  for  the  sale 
of  property  for  non-payment  of  other  taxes,  such  sale  shall  be  made 
by  the  Tax  Collector  of  the  City  of  Dallas,  or  svich  other  officer  as 
may  be  designated  by  the  Board  of  Commissioners,  and  the  deed  exe- 
cuted by  said  Tax  Collector,  or  such  other  officer  as  may  be  designated 
by  the  Board  of  Commissioners,  and  the  recital  in  the  deed  of  such 
Tax  Collector,  or  such  other  officer  as  may  be  designated  by  the  Board 
of  Commissioners,  that  all  legal  pre-requisites  to  said  sale  have  been 
complied  with,  shall  be  prima  facie  evidence  of  the  truth  of  the  facts 
so  recited,  which  facts  shall,  in  all  courts  of  law  and  equity,  be  pre- 
sumed to  be  true  without  further  evidence  thereof.  The  Board  of  Com- 
missioners may,  at  its  discretion,  provide  that  assignable  certificates 
be  issued  for  the  amount  of  such  assessment,  and  shall  have  power 
to  prescribe  the  form  and  terms  of  said  certificates.  Said  certificates 
may  recite  that  all  legal  pre-requisites  to  said  assessment  and  the  fix- 
ing of  a  lien  upon  said  property  have  been  complied  with,  which  recital 
shall  be  prima  facie  evidence  of  the  truth  of  the  facts  so  recited,  and 
without  further  proof  said  facts  shall  be  presumed. 

(1)  Any  person,  firm  or  corporation  having  any  interest  in  said  prop- 
erty upon  which  said  assessments  shall  have  been  made,  shall  have  the 
right  to  contest  the  same  or  the  validity  thereof  or  the  regularity  of 
any  proceeding  with  reference  to  the  said  assessment  or  the  special 
benefit  received  by  the  owner  of  any  such  property  by  filing  suit  in  any 
court  having  jurisdiction  thereof,  in  which  suit  the  City  of  Dallas  shall 
be  defendant  and  any  other  proper  party  may  be.  made  defepdant;  pro- 
vided, that  such  suit  shall  be  brought  within  ten  days  from  the  date 
of  the  passage  of  the  ordinance  making  such  ■  assessment  upon  such 
property,  and  if  not  so  brought  then  the  owner  or  other  person  or  cor- 
poration having  an  interest  in  .said  property  shall  thereafter  be  barred 
and  estopped  to  question  the  validity  thereof;  and  this  bar  and  estoppel 
shall  apply  to  the  heirs,  assigns,  successors  and  personal  representatives 
of  such   person   or  corporation. 

ARTICLE  XI. 

PtJBLIC    UTILITIES. 

1.  No  street,  alley,  or  public  highway  in  the  City  of  Dallas  shall 
ever  be  used  by  any  person,  firm  or  corporation  for  the  construction  or 
operation  of  a  street  railway,  telegraph  line,  telephone  system,  electric 
light  and  power  system,  gas  works,  water  works,  sewer  system,  or  any 


—68— 

other  business  of  a  public  or  quasi  public  nature,  without  obtaining  author- 
ity therefor  under  a  franchise  granted  by  the  Board  of  Commissioners,  in 
accordance  with  the  provisions  of  this  act.  It  shall  be  the  duty  of  the 
Board  of  Commissioners  and  the  City  .Attorney  to  bring  suit  to  enforce 
this  provision  against  any  person,  firm  or  corporation  violating  the 
terms  thereof,  for  the  purpose  of  ejecting  the  offender  from  the  occv- 
pancy  of  such  property,  and  to  recover  damages  for  the  illegal  use  thereof. 

2.  The  City  of  Dallas  shall  have  the  exclusive  right  to  erect,  own, 
maintain  and  operate  water  works  for  the  use  of  said  city  and  its  in- 
habitants, and  to  regulate  the  same,  but  shall  not  ha\e  the  puwer  or 
right  to  sell  said  water-works  system.  It  shall  liave  power  to  pre- 
scribe rates  for  water  furnished  to  said  inhabitants,  and  to  make  such 
rules  and  regulations  as  the  Board  of  Commissioners  may  deem  expedient; 
to  acquire  by  purchase  or  donation  suitable  grounds  <in  wliieh  to  erect 
such  works,  and  necessary  right  of  way  hnd  to  do  anything  whatsoevei- 
necessary  to  operate  and  maintain  said  works,  and  to  compel  the  owners  of 
all  property  and  the  agents  of  such  owners  to  pay  all  charges  for  water 
furnished    upon    such    property. 

All  receipts  and  revenues  from  the  water  works  shall  constitute  a 
separate  and  sacred  fund,  which  shall  never  be  diverted  or  drawn  upon 
for  any  other  purposes  than  the  extension,  improvement,  operation,  main- 
tenance, repair  and  betterment  of  tlie  water  works  and  water  supply; 
and  sewer  system  of  the  city  and  for  the  purpose  of  constructing  and 
extending  lateral  sewers  in  the  sanitary  sewer  system  of  the  city;  but 
the  Board  of  Commissioners  may  appropriate  or  pledge  such  receipts  and 
revenues  for  the  purpose  of  extending,  iniproving,  operating,  maintain- 
ing and  bettering  the  water-works  plant  and  mains  and  supply,  and  for 
constructing  and  extending  lateral  sewers,  and  also  for  the  purpose  of 
discharging  or  retiring  the  indebtedness  of  the  city  that  may  be  in- 
curred or  accrued   for  water  works  purposes. 

3.  At  the  first  general  election  to  be  held  under  this  act,  for  the 
election  of  a  Board  of  Commissioners,  there  shall  be  submitted  to  a  vote 
of  the  qualified  electors  who  are  taxpayers  in  said  city  the  questions 
whether  or  not  the  Board  of  Commissioners  shall  be  empowered  to  issue 
bonds  of  said  city  in  the  amount  of  five  hundred  thousand  dollars  ($500.- 
000),  the  proceeds  of  which  shall  be  used  for  the  betterment  and  exten- 
sion of  the  water-works  system  belonging  to  the  city  and  bonds  of  the 
city  in  the  amount  of  one  hundred  thousand  dollars  ($100,000),  the  pro- 
ceeds of  which  shall  be  used  for  street  improvements,  in  accordance 
with  the  provisions  of  Article  10  hereof,  and  bonds  of  the  city  in  the 
amount  of  $.50,000,  the  proceeds  of  which  shall  be  used  foi-  the  erection 
of  public  school  buildings;  also  whether  a  special  tax  (if  twenty-five 
cents  on  the  one  hundred  dollars  ($100)  of  taxable  property  shall  be 
levied  for  street  improvement  purposes.  A  separate  ballot  shall  be  used 
at  said  election  which   shall  contain  the   following  words: 

"Special  Bond  and   Tax   Election." 

"For  the  issue  of  bonds  in  the  sum  of  five  hundred  thousand  dollars 
($.500,000)   for  the  improvement  of  the  water  works." 

"Against  the  issue  of  bonds  in  the  sum  of  five  hundred  thousand  dollars 
($.500,000)    for  the  improvement  of  the  water  works." 

"For  the  issue  of  bonds  in  the  sum  of  one  hundred  thousand  dollars 
($100,0001    for    street    improvements." 


__69— 

"Against  the  issue  of  bonds  in  the  sum  of  one  hundred  thousand  dolhus 
($100,000)   for  street  improvements." 

"For  a  special  tax  of  twenty-five  cents  on  the  one  hundred  duUars 
($100)    for  street  improvements." 

"Against  special  tax  of  twenty-five  cents  on  the  one  luuuired  dollars 
($100)    for  street  improvements." 

•'For  the  issue  of  bonds  in  the  sum  of  fifty  thousand  (.toO.OOO)  dollars 
for  public  school  buildings." 

"Against  the  issue  of  bonds  in  the  sum  of  fifty  thousand  (.$r)0,()00)  dol- 
lars for  public  school  buildings." 

In  the  event  either  or  all  of  said  proposed  bond  issues  shall  receive 
the  affirmative  vote  of  a  majority  of  those  who  shall  \()te  thereon,  the 
Board  of  Commissioners  shall,  as  soon  as  practicalde.  cause  to  be  issued 
and  shall  sell,  in  accordance  with  said  vote  or  votes,  coupon  bonds  of 
said  city,  to  bear  interest  not  to  exceed  six  per  cent  per  annum,  payable 
semi-annually  at  such  places  as  may  be  designated  by  city  ordinance, 
and  shall  appropriate  and  use  the  proceeds  of  such  bond  issue  or  issues 
in  accordance  with  the  result  of  said  special  election;  provided,  that  such 
bonds  shall  be  issued  in  compliance  with  provisions  of  Article  2.  Section 
2,   of   this   act,  and   the   several   subdivisions   of   said   section. 

If  said  proposed  tax  levy  of  twenty-five  cents  on  the  one  hundred 
dollars  ($100)  of  taxable  property  shall  receive  a  majorif?y  of  the  votes 
of  those  voting  thereon,  the  Board  of  Commissioners  shall  levy  a  special 
tax  of  twenty-five  cents  on  the  one  hundred  dollars  ($100)  of  all  taxable 
property,  the  proceeds  of  which  shall  be  used  foi-  making  street  im- 
provements, and  to  provide  a  sinking  fund  for  street  impro\ement  bonds 
in  accordance  with  the  provisions  of  Article  X  herei  f. 

4.  The  Board  jof  Commissioners  shall  have  power,  by  ordinance,  to 
provide  for  and  construct  a  general  sewer  and  drainage  system,  to  be 
divided  into  public  and  private  sewers  and  drains,  and  to  be  constructed, 
maintained  and  regulated  in  such  manner  and  out  of  such  material  as 
the  Board  of  Commissioners  m'ay  prescribe.  Sewers  may  be  established 
as  the  Board  of  Commissioners  may  direct,  and  there  may  be  extension 
of  branches  of  sewers  already  constructed  or  entirely  new  throughout, 
as  may  be  deemed  expedient.  The  Board  of  Commissioners  may,  if 
necessary,  levy  a  tax  oil  all  taxable  property  in  the  entire  city,  to  pay 
for  the  construction  and  repairs  of  such  public  sewers  which  shall  be 
called  a  "special  sewer  tax,"  and  shall  be  used  solely  for  such  purpose. 
No  public  sewer  shall  be  run  diagonally  through  private  property  when 
it  is  practicable,  without  injury  to  said  sewer,  to  construct  it  parallel 
with  one  of  the  exterior  lines  of  such  property.  Xo  public  sewer  shall 
be  constructed  through  private  property  when  it  is  practicable  to  con- 
struct it  along  or  through  a   street  or  public  highway. 

5.  The  Board  of  Commissioners  shall  have  the  powei'  to  appropria-te 
private  property  for  public  purposes,  whenever  the  Board  of  Commis- 
sioners of  said  city  shall  deem  it  necessary  to  take  any  private  prop- 
erty, either  within  or  without  the  city  limits,  for  any  of  the  following 
purposes,   to-wit: 

In  order  to  open,  extend,  change  or  widen  any  public  street,  avenue 
or  alley,  or  for  the  construction  of  water  mains  or  sewers,  either  within 
or  without  the  city  limits,  or  for  the  improvement  and  enlargement  of 
its    water   works,    including    riparian    rights,    water    slieds,    reservoirs,    etc., 


—70— 

or    for    public    scliools,    industrial    schools,    parks,    squares,    and    pleasure 
grounds,  public  wharves  and  landing  places  for  steamers  and  other  crafts, 
or  for  the  straightening  or  improving  of  the  channel  of  any  stream,  branch 
or  drain,  such  property  may  be  taken  for  such  purposes  by  making  just 
compensation  to  the  owner  thereof.     If  the  amount  of  such  compensation 
shall  not  be  agreed  upon,  it  shall  be  the  duty  of  the  Board  of  Commis- 
sioners to  cause  to  be  stated  in  writing  the  real  estate  or  property  sought 
to  be  taken,  the  name  of  the  owner  thereof,  and  his  residence  if  known, 
and  the  purpose  for  which  said  property   is   sought  to  be  taken  and   file 
such  statement  with  the  county  judge  of  Dallas  County.     Upon  the  filing 
of  such  statement,  it  shall   be   the  duty  of   such  judge,  in  term   time   or 
vacation,   to   appoint   three   disinterested   freeholders   and   qualified    voters 
of  the  County  of  Dallas  as  special  commissioners  to  assess  the  damages 
to   accrue   to   the   owners   by   reason   of   such   condemnation.     The   special 
commissioners   so   appointed,   shall,  in  their  proceedings,  be  governed   and 
controlled   by   the   State   laws   in   force   in   reference   to   the   condemnation 
of   right   of   \vay   for   railroad   companies,   and   the    assessment     of    dam- 
ages therefor,  the   City  of  Dallas   occupying  the   position  of  the  railroad 
company.  In    estimating    the    damages    to    such    property    the    jury    shall 
not   only   estimate   the   value   of   the   land   so   taken,   but   they   shall   also 
estimate   the  damage   done  to   the  remainder  of  any   land   from   which   it 
is   taken  by   reason   of   such   taking   and   use;    provided,   however,   that   in 
case  of  the  condemnation  of  land  for  the  opening,  extending  or  widening 
of  any  street,  or  for  straightening  or  improving  the  channel  of  any  stream, 
branch   or   drain   within   the   corporate   limits   of   said   city,   the   Board   of 
Commissioners  may,  by  ordinance,  provide  that  the  cost  of  such  property 
shall   be   paid    for   by   the   property   owners   owning   property    in   the    im- 
mediate  vicinity    thereof   and  Ijenefited   thereby.     In    sucli    cases    the    City 
Engineer    shall,    under    the    direction    of    the    special    cummissioners    ap- 
pointed,   make    a    plat    of    the    property    which    in    tlie    judgment    of    said 
special  commissioners,  will  be,  specifically  benefited  and  enlianced  in  value 
by    the    making    of    such    improvement,    whereupon    such    special    commis- 
sioners shall  issue  notice  to  the  owners  of  such  property  to  appear  before 
them  at  a  time  and  place  to  be  designated  in  such  notices  to  show  cause, 
if  any  they  have,  why  such  property   sliould  not   he  assessed  to  pay   the 
cost  of  the  property   so   condemned;    sucli    notices   may  be   served  by   any 
police  officer  in  the  City  of  Dallas,  or  any  other  officer  of  the   State  of 
Texas,  County  of  Dallas,  authorized  by  the  laws  of  said  State   to   serve 
process  of  the  courts  of  said   State;   and   in  all  cases  where  such   owner 
or  owners,  or  any  of  them,  are  absent  from  said  city  and  county,  upon 
the    agent    of    such    absent    owner,    if    such    owner    shall    have    an    agent 
in    said   city   or   county,   and   in   case   such    absent   owner   shall   not   have 
such  agent,  or  in  case  the  owner  of  such  property  is  unknown,  then  such 
notice   shall  be   published   for   two   days   consecutively   in   some   newspaper 
published  in  the  City  of  Dallas;    such  notice  shall  be  given  five  full  days 
before  the  final  determination  by  the  special  commissioners  of  the  amount 
of  assessment  against  the  owner  of  such  property  for  such  improvement; 
said  special  commissioners   sliall  determine  the  value  of  the  property  de- 
sired to  be  taken,  belongiiiir   to   the  different   owners  thereof,  if  there  be 
more    than    one    such    owner,   and    if    there    be    only    one    such    owner,    the 
value    of    the    same,    and    shall    also    find    liow    much    of   the    cost    thereof 
shall    be    assessed    against    the    owner    of    each    lot    or    subdivision    of    the 


—71— 

land  in  the  immediate  vicinity  thereof  specially  benefited  and  enhanced 
in  value  by  the  making  of  such  improvement,  and  shall  report  all  said 
matters  to  the  Board  of  Commissioners  of  the  City  of  Dallas,  showing 
a  description  of  the  property  taken  and  condemned  and  the  name  of  the 
owner  thereof,  if  known,  and  if  the  owner  of  anj'  such  property  is  un- 
known, shall  state  said  fact,  or  if  there  be  more  than  one  owner  of 
such  property,  then  the  description  of  the  property  of  each  said  owner, 
if  known,  and  if  unknown,  shall  state  such  fact  and  the  value  of  the  prop- 
erty of  each  such  owner  so  condemned,  and  also  the  description  and 
name  of  the  owner  of  each  subdivision  of  property  if  known,  and  if  un- 
known, shall  so  state,  describing  such  property  so  as  to  identify  it  against 
which  special  assessment  should,  in  the  judgment  of  said  board,  be  made 
to  pay  for  such  property  condemned,  such  apportionment  shall  be  made 
according  to  the  benefits  that  will,  in  the  judgment  of  said  special  com- 
missioners, be  received  by  or  accrue  to  such  lot  or  subdivision  of  prop- 
erty by  reason  of  the  making  of  such  improvements.  Such  report  shall 
be  signed  by  a  majority  of  such  special  commissioners,  and  shall  be  filed 
with  the  City  Secretary  for  the  consideration  of  the  Board  of  Commis- 
sioners. The  Board  of  Commissioners  shall,  as  soon  as  practicable  after  the 
filing  of  such  report,  consider  the  same,  and  if  the  same  is  approved  by 
a  majority  vote  of  the  members  present  at  the  meeting  at  which  it 
considers  the  same,  the  same  shall  be  final  and  binding  upon  the  city 
and  all  parties  at  interest  therein.  If  the  Board  of  Commissioners  shall 
approve  said  report,  it  shall  levy  a  special  tax  against  the  property 
shown  by  said  report  to  be  benefited  and  enhanced  in  value  by  such 
improvement,  according  to  the  recommendation  made  in  such  report; 
such  taxes  shall  be  a  lien  on  the  property  against  which  the  same  shall 
be  assessed,  from  the  date  of  such  levy,  and  shall  become  due  and  de- 
linquent at  the  times  provided  in  the  ordinance  levying  the  same.  If  the 
same  shall  not  be  paid  as  provided  in  such  ordinance,  the  City  Assessor 
and  Collector  of  taxes  shall  proceed  to  collect  same,  as  provided  in  the 
ordinance,  levying  same  by  the  advertisement  and  sale  as  provided  in  the 
city  charter  in  cases  of  the  sale  of  such  property  for  delinquent  ad 
valorem  taxes;  provided^  that  it  shall  not  be  necessary  to  make  such 
sales  at  the  same  time  as  provided  for  in  the  sale  of  property  for 
delinquent  ad  valorem  taxes.  Tlie  special  commissioners  appointed  under 
the  provisions  of  this  section  shall  have  the  same  power  to  issue  writs 
and  subpoenas  and  compel  the  attendance  of  witnesses,  etc.,  as  com- 
missioners appointed  for  the  condemnation  of  land,  etc.,  for  the  right 
of  way  of  railroads  imder  the  general  laws  of  the  State  of  Texas,  have; 
shall  receive  the  same  compensation  for  their  services  and  shall  be  gov- 
erned in  all  respects  not  herein  otherwise  provided  by  general  laws  in 
all  matters  relating  to  their  procedure.  The  compensation  for  the  land 
and  property  taken  or  damaged  under  the  provisions  of  this  section  shall 
be  paid  to  the  owner  of  such  property  so  taken  or  damaged,  or  secured 
by  a  deposit  set  apart  in  money  in  the  hands  of  the  City  Treasurer,  sub- 
ject to  the  order  of  such  owner,  before  such  property  is  taken  or  dam- 
aged; provided,  the  city  may  make  such  payment  out  of  the  general 
fund,  if  the  Board  of  Commissioners  shall  deem  it  advisable,  and  when 
the  amounts  assessed  against  the  property  specially  benefited  as  herein 
provided  are  collected,  may  repay  to  the  said  general   fund  the   amount 


so  advanced,  and  such  payment  shall   net   he  a  waiver  of  the  city's  rights 
to  make  such  collection. 

6.  The  Board  of  Commissioners  shall  have  power  to  cause  telegraph, 
telephone,  and  electric  light  companies  to  change  the  location  of  tlieir 
poles;  also  to  cause  all  erected  poles  not  in  use  to  be  taken  down  and 
removed.  If  such  companies  shall  fail  to  do  such  things  after  being 
notified,  the  city  may  have  the  same  done  at  the  expense  of  such  com- 
panies. The  Board  of  Commissioners  shall  also  have  the  power  to  re- 
quire telegraph,  telephone  companies  and  electric  light  companies  to  run 
their  wires  under  the  ground,  if.  in  the  wisdom  of  the  board,  public  inter- 
est should  so  demand. 

7.  Any  person,  firm  or  corporation  holding  any  franchise  lieretofore 
or  hereafter  gi-anted  by  the  city,  authorizing  the  use  or  occupation  for 
any  purpose  of  any  street,  avenue  or  alley  in  the  city,  or  any  portion 
thereof,  and  requiring  or  binding  the  person,  firm  or  corporation  holding 
such  franchise  to  keep  any  portion  of  «uch  street,  avenue  or  alley  so 
used  or  occupied,  or  the  pavement  thereof  in  repair,  or  to  maintain  the 
same  in  condition  for  public  travel;  or  any  person,  firm  or  corporation 
who,  under  any  contract  heretofore  or  hereafter  made  with  the  city  for 
the  construction,  reconstruction  or  repair  of  the  pavement  or  other  im- 
provement of  any  avenue,  street  or  alley,  or  any  portion  thereof,  shall 
be  or  is  bound  to  keep  the  same  in  repair  or  in  good  condition  for  public 
travel,  or  to  do  or  to  perform  any  duty  relating  to  the  maintenance  or 
repair  of  such  pavement  or  other  improvement,  for  any  term  of  years 
mentioned  in  such  contract,  who  shall  be  served  with  a  written  notice 
signed  by  any  owner  or  owners  of  property  abutting  such  street,  avenue 
or  alley,  or  such  portion  thereof,  such  notice  to  be  so  served  by  deliver- 
ing in  person,  or  by  mailing  same  by  registered  mail  to  such  person, 
firm  or  corporation,  or  any  officer  or  agent  thereof,  at  the  postoffice 
address  of  his  residence,  and  who  shall  fail  or  refuse  to  repair  or  place 
in  condition  for  travel  according  to  the  terms  or  requirements  of  such 
franchise  or  contract  the  portion  of  such  avenue,  street  or  alley  men- 
tioned in  such  notice,  which  such  person,  firm  or  corporation  is  bound  to 
repair  or  maintain,  within  ninety  days  after  date  of  the  service  of  such 
notice,  shall  forfeit  to  the  city  the  sum  of  $50  for  each  day  after  the 
expiration  of  said  ninety  days  until  said  avenue,  street  or  alley  or  por- 
tion thereof  mentioned  in  said  notice,  and  wliich  such  person,  firm  or 
corporation  is  bound  to  repair  or  maintain,  is  repiired  and  put  in  good 
condition  for  public  travel,  as  required  by  the  terms  of  such  franchise 
or  contract,  or  until  the  requirements  and  terms  of  such  contract  are 
complied  with,  such  sum  or  sums  to  be  recoverable  at  the  suit  of  the 
city  or  at  the  suit  of  any  owner  of  property  abutting  said  avenue,  street 
or  alley,  or  portion  thereof,  to  the  use  of  the  city,  in  any  court  of  com- 
petent jurisdiction.  The  penalty  herein  provided  shall  be  in  addition 
to  and  cumulative  of  any  other  penalty,  condition  or  requirement  con- 
tained in  sucli  fiancliise  or  contract.  In  any  suit  brought  under  this 
section  any  judai'.'oiit  tlierein  recovered  may  be  made  a  lien  upon  any  sum 
lield  by  (;r  deposited  with  the  city,  or  in  trust,  to  guarantee  or  secure 
the    performance    of    the   conditions    of    any    such    franchise    or   contract. 

8.  Whenever  any  franchise  to  any  person,  firm  or  corporation  has 
heretofore  been  made,  or  shall  hereafter  be  made  or  granted  by  the 
Board  of  Commissioners  for  the  use  of  any  street  of  the  city  for  the  pur- 


—73— 

pose  or  for  tlie  exercise  of  any  public  privilege  or  advantage,  and  the  said 
grant  has  been  or  shall  hereafter  be  made  upon  any  conditions  named  in 
said  grant  of  things  to  be  performed  by  the  said  grantee,  and  such  grant 
shall  contain  no  condition  of  forfei^^ure,  yet  the  breach  of  any  condition 
so  named  in  any  such  grant,  or  any  failure  on  the  part  of  said  grantee 
to  promptly  pay  any  tax  whatever  assessed  by  the  city,  shall  be  or  cause 
a  forfeiture  of  the  said  franchise  or  privilege  so  granted,  as  if  expressly 
stipulated  for  therein,  and  wherever  any  such  grant  has  been  or  shall 
hereafter  be  made  in  consideration  of  the  payment  of  any  bonus,  the  said 
payment  shall  be  secured  by  a  prior  lien  on  all  property  of  said 
grantee,  within  the  •  city,  whether  expressly  stipulated  for  or  not,  and 
any  failure  to  promptly  pay  such  bonus  according  to  the  terms  of  the 
grant,  or  any  failure  to  pay  any  tax  of  any  kind,  shall  be  a  cause  of 
forfeiture  of  the  franchise  or  privileges  granted,  whether  such  forfeiture 
be  expressly   provided   for   or  not. 

ARTICLE  XII. 

SALOON     LIMITS    AND    KESTEICTIONS. 

1.  It  shall  be  unlawful,  except  as  hereinafter  provided,  to  locate, 
establish,  maintain  or  conduct  a  saloon,  as  hereinafter  defined,  within 
the  corporate  limits  of  the  City  of  Dallas  as  now  or  as  they  may  here- 
after be  established,  outside  of  the  limits  bounded  as  follows: 

Said  prohibited  limits  not  to  include,  however,  the  frontage  on  either 
side  of  the  streets  hereafter  named  as  constituting  the  boundary  of  said 
prescribed  limits: 

Beginning  at  the  Trinity  River  where  Payne  Street  if  extended  would 
intersect;  thence  on  Payne  Street  to  Alamo  Street;  thence  on  Alamo 
Street  to  Burk  Street;  thence  on  Burk  Street  to  Caroline  Street;  thence 
on  Caroline  Street  to  McKinney  Avenue;  thence  on  McKinney  Avenue  to 
Orange;  thence  on  Orange  if  extended  to  Patterson  Avenue;  thence  on 
Patterson  Avenue  to  Bullington  Street;  thence  on  Bullington  Street  to 
Bryan  Street;  thence  on  Bryan  Street  to  Hall  Street;  thence  on  Hall 
Street  to  Live  Oak  Street;  thence  on  Live  Oak  Street  to  Cantegral 
Street;  thence  on  Cantegral  Street  to  the  Texas  and  Pacific  Railroad; 
thence  on.  the  Texas  and  Pacific  Railroad  to  Smith  Street;  thence  on 
Smith  Street  to  First  Avenue;  thence  on  First  Avenue  to  Commerce 
Street;  thence  on  Commerce  Street  to  South  Pearl  Street;  thence  on 
South  Pearl  Street  to  Cabell  Street;  thence  on  Cabell  Street  to  South 
Harwood  Street;  thence  on  South  Ilarwood  Street  to  Marilla  Street; 
thence  on  Marilla  Street  to  Veal  Street;  thence  on  Veal  Street  to  Wood 
Street;  thence  on  Wood  Street  to  Santa  Fe  Railroad  tracks;  thence  with 
the  Santa  Fe  Railroad  tracks  to  Young  Street;  thence  on  Young  Street 
to  Poydras  Street;  thence  on  Poydras  Street  to  a  point  where  Poydras 
Street  would  intersect  line  drawn  through  center  of  block  156;  thence 
west  parallel  with  Commerce  Street  through  the  center  of  blocks  56, 
4*9,  42,  .33,  23,  13,  5  and  414  to  the  Trinity  River;  thence  with  the 
Trinity  River  to  the  place  of  beginning:  provided,  the  public  park  known 
as  the  grounds  of  the  Texas  State  Fair  heretofore  purchased  by  the  city 
and  now  maintained  as  a  public  park  is  not  and  shall  not  be  construed  to 
be  included  within  such  prohibited  limits,  and  the  sale  of  intoxicating 
liquors  upon  the  grounds  and  territory  so  purchased  and  maintained  by 
the    citv    shall    be    lawful    when    license    shall    be    duly    obtained    therefor. 


—74— 

together  with  the  consent  of  the  city  authorities  in  control  of  such  park. 
Provided  further,  that  said  Board  of  Commissioners  shall  never  have 
power  to  authorize  tlie  establishment  and  maintenance  of  saloons  in  that 
territoi-y,  heretofore  annexed  to  the  City  of  Dallas  and  known  as  the 
territory  of  Oak  Cliff. 

Provided  further,  that  should  the  City  of  Dallas  set  aside  any  defined 
territory  upon  which  to  colonize  and  segregate  prostitutes,  as  is  „provided 
for  in  another  section  of  this  charter,  in  said  territory  so  designated 
there  shall  never  be  established  any  saloon  as  the  same  is  hereinbefore 
defined,  nor  shall  spirituous,  vinous  or  malt  or  intoxicating  liquors  of 
any  kind  whatever  be  sold  within  said  designated  territory. 

All  saloons  shall  close  their  doors  and  places  of  business  and  transact 
no  business  at  such  places  from  12  o'clock  midnight  until  5  o'clock  a. 
m.  of  each  week  day  and  shall  remain  closed  and  transact  no  business 
at  such  places  from  12  o'clock  midnight  Saturday  until  5  o'clock  a.  m. 
of  the  following  Monday  of  each  week.  It  shall  be  the  duty  of  the  pro- 
prietor of  each  saloon,  or  his  agent,  to  keep  posted  in  a  conspicuous 
place  therein,  by  the  side  of  the  Federal  license  under  which  said  saloon  is 
conducted,  the  licenses  obtained  by  him  from  the  State,  County  and  city, 
and  to  write  or  print,  in  large  letters,  underneath  said  licenses  the  fol- 
lowing words: 

City  license  expires    day   of (inserting  the   time 

of  the  expiration  of  the  last  of  such  licenses  so  obtained  and  held  by  him ) . 
If  any  owner  or  keeper  of  any  saloon  shall  be  convicted  in  any  court  for 
a  violation  of  any  provisions  of  this  charter  or  of  any  offense  against 
any  law,  of  this  State,  regulating  or  affecting  the  sale  of  intoxicating 
liquors,  such  conviction  shall  operate  to  forfeit  the  license  under  which 
such  saloon  is  being  operated,  and  the  unearned  portion  thereof  shall 
nqt  be  refunded,  and  all  right  to  conduct  such  business  thereunder  shall 
be  revoked  by  the  Board  of  Commissioners,  and  thereafter  no  license 
for  such  purpose  shall  be  issued  by  the  city  to  such  offending  party  for 
a  period  of  two  years.  It  shall  be  the  duty  of  the  Board  of  Commis- 
sioners to  hear  any  complaints  that  may  be  preferred  against  the  pro- 
prietor of  any  saloon,  or  his  agent,  touching  the  method  of  operating 
such  saloon  or  any  matters  relating  thereto,  and  if,  upon  such  hearing, 
such  complaint  shall  appear  to  them  to  be  well  founded,  the  Board  of 
Commissioners,  shall  have  power  to  make  such  orders  and  decrees  with 
respect  to  such  matters  as  it  may  deem  necessary  and  it  shall  have 
power  to  enforce  such  orders  under  adequate  penalties,  and  to  revoke 
the  saloon  license  of  any  person  who  may  fail  or  refuse  to  comply  there- 
with. The  Board  of  Commissioners  shall  have  power  to  enact  all 
such  ordinances  and  to  enforce  such  penalties  as  may  be  necessary  to 
give  effect  to  the  foregoing  provision. 

2.  No  person  shall  establish,  locate  or  maintain  any  saloon,  being 
a  place  where  intoxicating  liquors  shall  be  sold  within  the  above  pre- 
scribed limits  without  first  having  obtained  the  license  or  tax  receipt  from 
the  Board  of  Commissioners  as  is  provided  by  the  general  law  to  be 
issued  by  cities  to  persons  engaged  in  such  business,  and  paying  therefor 
the  amount  of  license  fees  or  tax,  as  is  provided  by  the  general  law  to 
be  charged  by  cities;  provided,  however,  that  no  such  license  shall  ever 
be  issued  to  any  person  applying  for  same,  imless  such  person  shall  make 
application    in    writing   for    such   license,   and   set   forth    in   such   applica- 


—75— 

tion  the  exact  place  where  the  proposed  saloon  is  to  be  located,  and 
show  by  a  map  or  other  evidence  that  there  are  not  more  residences 
than  there  are  business  houses  within  a  radius  of  three  hundred  (300) 
feet  from  the  center  of  such  proposed  saloon.  If  upoji  examination  of 
such  application  the  Board  of  Commissioners  are  satisfied  that  there 
exist  more  business  houses  than  residences  within  the  radius  as  herein- 
above prescribed,  and  that  the  applicant  for  such  license  is  a  person  of 
good  moral  character,  such  license  shall  be  issued  to  the  applicant;  sub- 
ject, however,  to  the  hereinafter  stated  conditions,  the  failure  to  ob- 
serve any  one  of  which  shall  authorize  the  Board  of  Commissioners  to 
forfeit  and   revoke   any   license  granted   hereunder,  viz.: 

First.  That  said  person  so  obtaining  said  license  shall,  at  ;ili  times, 
conduct  said  saloon  in  strict  accordance  with  the  conditions  of  tlie  \h]- 
uor  dealers'  bond,  which  is  required  by  the  State  law  to  ln>  executed 
by  such  person. 

Second.  That  such  person  shall  fully  observe  all  of  tlie  laws  of  the 
State  and  city  relating  to  the  closing  of  said  saloon  en  Sunday  <ir 
other  days  prescribed  by  law. 

Third.  That  said  saloon  shall  be  closed  at  12  o'clock  midnight  every 
night,  and  shall  remain  closed  till  5  a.  m.  every  day  during  the  wenk. 
save  and  except  that  said  saloon  shall  close  on  Saturday  night  at  12 
o'clock   midnight,   and   remain  closed  till   5   o'clock  Monday  morning. 

Fourth.  That  said  person  or  his  agent  or  employes  shall  not  be  found 
guilty  in  any  court  of  competent  jurisdiction  of  the  violation  of  tlic 
Sunday  law  in  c(iiinection  with  the  saloon  to  which  the  license  is  iieri'in 
issued  or  of  selling  intoxicating  liquors"  to  minors,  or  of  permitting  lewd 
or  indecent  women  to  resort  to  svich  saloon. 

3.  The  license  granted  hereunder  shall  be  granted  for  the  period  of 
one  year,  and  shall  not  be  transferred  or  assigned  without  the  written 
permission  of  the  Board  of  Commissioners,  and  in  any  such  ease,  the  per- 
son to  whom  such  license  is  assigned  or  transferred  shall  present  to  tlic 
Board  of  Commissioners  the  same  petition  as  is  herein  required  of  tlie 
person  to  whom  said  license  was  originally  granted.  Should  it  come  to 
the  knowledge  of  the  said  Board  of  Commissioners  that  the  person  to 
whom  a  license  has  been  issued  is  violating  any  of  the  conditions  herein- 
above set  forth,  the  Board  of  Commissioners  shall  issue  a  notice  to  such 
person  to  appear  before  said  board  on  a  date  fixed  in  such  notice,  to 
then  and  there  show  cause  why  said  license,  so  issued,  should  not  be  for- 
feited and  revoked.  Such  person  shall  be  required  to  respond  to  such 
notice,  and  may  answer  same  in  person  or  by  his  attdincy.  but  if  such 
person  should  fail  or  refuse  to  answer  such  notice  by  the  time  fixed 
therein  the  Board  of  Commissioners  may,  if  they  deem  it  proper,  revoke 
such  license  and  such  person  shall  thereafter  be  subject  to  the  penalties 
hereinafter  provided  for,  if  he  shall  continue  to  maintain  or  conduct 
such  saloon.  Whenever  any  person  shall  appear  in  obedience  to  snch 
notice,  the  Board  of  Commissioners  shall  investigate  the  chai'ge 
against  the  said  person,  and  if  the  Commissioners  should  conclude,  after 
a  full  hearing  thereof,  that  the  person  to  whom  such  licen'^e  was  issued' 
has  violated  any  of  the  conditions  hereinabove  set  forth  tliey  sliall  have 
the  power  to  revoke  and  forfeit  such  license,  and  it  shall ,  thereafter  be 
unlawful  for  such  person  to  continue  conducting  such  saloon  at  said 
])lace.       For    the    purpose    of    further    investigating    and    examining    into 


—76— 

the  question  of  whether  the  said  licensee  has  viohited  any  of  the  condi- 
tions as  liereiu  set  forth,  the  said  Board  of  (Jommissioners  shall  have  full 
power  and  authority  to  compel  the  attendance  of  witnesses,  and  to  pun- 
ish said  witnesses  for  contempt  in  the  same  manner  as  is  prescribed  by 
law  for  the  County  Judge  to  punish  for  contempt  and  shall  also  have 
power   to   administer   oaths   to   witnesses. 

All  process  shall  be  served  by  the  Chief  of  Police  or  any  police  officer 
of  the  city,  and  be  signed  by  the  ^layor,  and  the  Secretary  of  the  Board. 

4.  Any  person  conducting,  locating  oi-  maintaining  any  saloon  with- 
out first  having  obtained  the  license  provided  for,  shall  be  subject  to  a 
fine  of  $200  for  each  and  every  day  tlmt  sucli  saloon  is  conducted,  main- 
tained or  established  without  a  license. 

5.  After  any  such  licence  issued  to  any  person  shall  be  revoked  or 
forfeited  by  said  Board  of  CouHnissioiiers  in  the  manner  as  herein  pre- 
scribed, it  shall  be  the  duty  of  the  said  person  to  immediately  discon- 
tinue the  conduct  of  said  saloon,  and  upon  his  failure  to  do  so  he  shall 
be  subject  to  a  fine  in  any  sum  not  exceeding  $200  for  each  and  every 
day  that  the  said  saloon  is  conducted  and  maintained  after  such  license 
has  been  revoked  and  forfeited. 

ARTICLE  XIII. 

ORDINANCB3S. 

1.  Every  ordinance  passed  by  the  Board  of  Commissioiicrs  shall  be 
enrolled  by  the  Secretary  or  such  other  officer  as  may  lie  selccti'.l  liy  the 
Board  within  the  next  succeeding  five  days,  Sundays  excepted,  or  as 
soon  thereafter  as  practicable.  It  shall  tlien  be  carefully  compared  with 
the  ordinance  and  all  amendments,  if  any,  by  the  City  Attorney 
and  at  least  one  member  of  the  Board  of  Commissioners  who  may  be 
charged  with  that  duty  by  the  Board  of  Commissioners.  If  errors  ex- 
ist they  shall  be  corrected.  If  no  errors  exist,  or  if  found,  then,  after 
their  correction,  the  Commissioners  and  City  Attorney  making  the  com- 
parison shall  endorse  on  the  margin,  tlie  words  "correctly  enrolled,"  and 
give  the  date  thereof  and  subscribe  his  name  thereto.  Every  ordinance 
imposing  any  i)enalty,  fine,  imprisonment,  or  forfeiture  for  a  violation 
of  its  provisions,  shall,  after  the  passage  thereof,  be  imlilished  in  every 
issue  of  the  official  newspaper  for  three  days  successively  (exdnding  Sun- 
days), and  proof  of  such  publication  liy  tlie  printer  nr  iiul>li>]ier  of  sn  li 
newspaper,  made  before  any  oflicer  autlioi'ized  to  adniini-ter  oatlis  and 
filed  with  the  Secretary  of  the  Board  of  Commissioners,  or  any  otiier 
competent  proof  of  such  publication  shall,  in  all  courts,  be  conclusive 
evidence  of  the  legal  publication  and  promulgation  of  sucli  ordinances; 
provided  that  amendments  and  corrections  made  in  digesting  and  re- 
vision for  publication  in  book  form  need  not  be  so  published.  All  or- 
dinances, except  as  above  provided,  shall  be  published  at  least  once  in 
some  newspaper  in  the  City  of  Dallas,  and  shall  take  effect  as  provided 
in  Section  1  of  Article  VIII  of  this  Charter.  All  ordinances  of  the 
city,  when  printed  and  published  and  bearing  on  tlie  title  page  thereof. 
"Ordained  and  published  by  the  Board  of  Commis-,iniiers  of  the  City  of 
Dallas,"  or  words  of  like  import,  shall  be  prima  facie  evidence  of  their 
authenticity,  and  shall  be  admitted  and  received  in  all  courts  and  places 
without  further  proof. 

2.  The  style  of  all   ordinances  shall   be  "Be  it  Ordained  by  the  Board 


of  Commissioners  of  the  City  of  Dallas,"  but  such  caption  may  be 
omitted  when  said  ordinances  are  published  in  book  form  or  are  revised 
and  digested  under  the  order  of  the  Board. 

3.  The  Board  of  Commissioners  shall  have  power  to  cause  the  ordin- 
ances of  the  city  to  be  printed  in  code  form,  and  shall  have  the  same  re- 
arranged and  digested  as  often  as  to  the  Board  may  seem  advisable. 

4.  In  all  judicial  proceedings  it  shall  be  sufficient  to  plead  any  or- 
dinance by  caption,  or  by  the  number  of  the  sections  thereof  wanted, 
and  it  shall  not  be  necessary  to  plead  the  entire  ordinance  or  section. 
All  printed  ordinances  or  codes  of  ordinances  published  by  authority 
of  the  Board  of  Commissioners,  shall  be  admitted  in  evidence  and  shall 
have  the  same  force  and  effect  as  would  the  original  ordinances. 

5.  A,ll  ordinances  of  a  general  nature  shall  be  published  at  least  once 
in  some  newspaper  in  the  City  of  Dallas. 

6.  All  ordinances,  resolutions,  rules  and  regulations  now  in  force  in 
the  City  of  Dallas,  and  not  in  conflict  herewith,  shall  remain  in  force 
under  this  act  until  altered,  amended  or  repealed  by  the  Board  of  Com- 
missioners,  after   this   act   shall   take   effect. 

7.  All  ordinances  of  the  City  of  Dallas  which  may  be  invalid  or  de- 
fective, but  which  if  passed  under  the  provisions  of  this  act  would  be 
valid,  are  hereby  validated  as  if  passed  under  the  provisions  of  this  act. 

ARTICLE  XIV. 

MISCELIiANEOUS  PROVISIONS. 

1.  The  City  of  Dallas,  acting  through  the  Board  of  Commissioners, 
shall  have  power  to  do  by  day  labor  under  municipal  direction,  any  work 
which  may  become  advisable,  or  necessary  to  be  done. 

2.  In  all  work  done  by  or  for  the  city,  either  by  day  work  or  by 
contract,  eight  hours  shall  constitute  a  day's  M^ork;  and  no  employe  of 
the  city  on  work  for  the  city,  or  employe  of  any  contractor  or  sub-con- 
tractor of  such  work,  shall  be  required  to  work  longer  than  eight  hours 
in  any  one  calendar  day;  provided  that  this  section  shall  not  apply 
to  the  fire  or  police  department  or  to  employes  engaged  in  clerical 
work  for  the  city;  and  provided,  further,  that  this  section  shall  not  be 
construed  to  apply  to  any  contract  entered  into  hj  the  city  prior  to  the 
passage  of  this  act;  provided,  that  in  case  of  emergency,  an  employe  may 
be  required  to  work  longer  than  eight  hours,  but  when  so  required  to 
work  longer  than  eight  hours,  such  employe  shall  be  paid  for  such  over- 
time at  the  rate  of  one  and  one-half  times  the  rate  such  employe  is 
paid  for  his  labor  during  the   eight  hours. 

3.  All  persons  or  corporations  owning  or  holding  personal  property  or 
real  estate  in  the  City  of  Dallas  on  the  first  day  of  January  of  each  year 
shall  be  liable  for  all  mvuiicipal  taxes  levied  thereon  for  tlie  fiscal  year 
beginning  the  next  following  May. 

4.  The  personal  property  of  all  persons  owing  any  taxes  to  the  City 
of  Dallas  is  hereby  made  liable  for  all  of  said  taxes,  whether  the  same 
be  due  upon  personal  or  real  property,  or  upon  both. 

5.  The  Board  of  Commissioners  shall  have  power  to  pro\ide  for  tak- 
ing an  enumeration  of  the  inhabitants  of  the  city.  And  it  shall  be  the 
dut}'  of  the  Governor  of  the  State  whenever  the  Board  of  Commission- 
ers shall  by  resolution  so  request  to  appoint  a  commissioner  who  shall 
supervise    such    enumeration,    wlidse    compensation,    together    with    all    the 


— 7«— 

expenses  of  such  enumeration,  shall  be  paid  in  such  manner  as  the  Board 
of  Commissioners  may  provide. 

0.  The  Board  of  Commissioners  shall  not  liave  the  power  or  authority 
to  sell,  lease,  or  in  any  manner  dispose  of  the  city  hospital,  except  by 
the  consent  of  the  majority  of  the  qualified  voters  of  the  City  of  Dallas 
voting  at  an  election  held  for  such  purpose. 

7.  No  property  of  any  kind — church,  school  or  otherwise — in  the  City 
of  ]3allas  shall  be  exempt  from  any  of  the  special  taxes  and  assessments 
authorized  by   this   charter   for   local   improvements. 

8.  The  fiscal  year  of  the  City  of  Dallas  shall  begin  and  end  at  12:0] 
o'clock,  noon,  on  the   first  day  of   May   in  each  year. 

9.  All  bonds,  contracts,  or  other  instruments  requiring  the  assent  of 
the  city,  shall  be  signed  by  the  Mayor,  or  the  acting  Mayor,  and  all 
legal  process  against  the  city  shall  be  served  upon  the  ]\Jayor,  or  acting 
Mayor. 

10.  In  addition  to  the  other  modes  of  collection  anywhere  in  this  act 
provided,  all  taxes  dvie  the  city,  whether  general  or  special,  assessments 
for  improvements  or  otherwise,  may  be  collected  by  an  action  of  debt, 
and  liens  on  real  estate  may  be  foreclosed  in  any  court  having  jurisdic- 
tion. The  assessment  rolls  relating  to  such  taxes  shall  be  taken  as 
prima  facie  evidence  of  the  statements  made  therein,  and  the  city  shall 
have  authority  to  become  the  purchaser  at  all  sales  of  property  for  taxes 
due  it,  under  judgment  or  otherwise.  It  shall  be  the  duty  of  the  Mayor 
to  attend  such  sales  to  make  such  purchases  if  they  be  necessary,  or  to 
empower  some  other  person  to,  do  so  on  behalf  of  the  city. 

11.  Before  the  City  of  Dallas  shall  be  liable  for  damages  of  any  kind 
the  person  injured,  or  some  one  in  his  behalf,  shall  give  the  Mayor  or 
City  Secretary  notice  in  writing  of  such  injury  within  thirty  days  after 
the  same  has  been  received,  stating  specifically  in  such  notice  when,  where 
and  how  the  injury  occiu'red  aud  the  extent  thereof.  The  City  of  Dallas 
shall  never  be  liable  on  account  of  any  damage  or  injury  to  person  or  prop- 
erty arising  from  or  occasioned  by  any  defect  in  any  public  street,  high- 
way or  grounds  or  any  public  work  of  the  city,  unless  the  specific  defect 
causing  the  damage  or  injury  shall  have  been  actually  known  to  the 
Mayor  or  City  Engineer  by  personal  inspection  for  a  period  of  at  least 
twenty-four  hours  prior  to  the  occurrence  of  the  injury  or  damage,  un- 
less the  attention  of  the  Mayor  or  City  Engineer  shall  have  been  called 
thereto  by  notice  thereof  in  writing  at  least  twenty-four  hours  prior  to 
the  occiurence  of  the  injury  or  damage  and  proper  diligence  has  not 
been  used  to  rectify  the  defect  after  actually  known  or  called  to  the 
attention  of   the   Mayor  or   City   Engineer  as   aforesaid, 

12.  It  shall  not  be  necessary  in  any  action,  suit,  or  proceeding  in 
which  the  City  of  Dallas  is  a  party,  for  any  bond,  undertaking  or  security 
to  be  executed  in  behalf  of  said  city,  but  all  such  action,  suits,  appeals, 
or  proceedings,  shall  be  conducted  in  the  same  manner  as  if  such  bond, 
undertaking  or  security  had  been  given,  and  said  city  shall  be  liable  as 
if  such  obligation  had  been  duly  given  and  executed. 

1.'?.  The  property,  real  and  personal,  belonging  to  said  city  sjiall  not 
be  liable  to  be  sold  or  appropriated  under  any  writ  of  execu- 
tion or  cost  bill,  nor  shall  the  funds  belonging  to  said  city,  in  the  hands 
of  any  person  be  liable  to  garnishment  on  account  of  any  debt  it  may  owe 
or  funds  it  may  have  on  hand  due  any  person,  nor  shall  the  city  or  any 


—79— 

of  its  oliicers  or  agents  bi.'  leciuiied  to  answer  to  any  writ  of  garnish- 
ment on  any  account  wliatsoover,  nor  shall  said  city  be  liable  to  the  as- 
signee of  any  \yages  of  any  officer,  agent  or  employe  of  said  city,  whether 
earned  or  unearned,  upon  any  claim  or  account  Avhatsoever,  and  as  to  the 
city  any  such  assignmeiit  shall  be  absolutely  void. 

14.  \Mienever,  in  the  opinion  of  the  Board  of  Commissioners,  any 
buildings,  fence,  shed,  awning  or  structure  of  any  kind  or  part  thereof, 
is  liable  to  fall  down  and  injure  persons  or  property,  the  Board  of  Com- 
missioners may  order  the  owner  or  agent  of  same,  or  occupant  of  the 
premises,  to  take  down  and  remove  the  same  within  such  time  as  it  may 
direct,  and  may  punish  by  fine  and  imprisonment,  or  either,  all  persons 
failing  so  to  do.  The  Board  of  Commissioners  shall  have  the  additional 
power  to  remove  the  same  at  the  expense  of  the  city  on  account  of  the 
owner  of  the  property,  and  assess  the  expenses  thereof,  including  con- 
demnation proceedings,  as  a  special  tax  against  the  land,  and  the  same 
may  be  collected  as  other  special  taxes  provided  for  in  this  charter,  or 
by  suit  in  any   court  of  competent  jurisdiction. 

15.  The  Board  of  Commissioners  shall  have  full  power  to  condemn 
all  dangerous  buildings  or  obstructions  of  any  kind,  and  may  provide 
regulations  therefor  by  ordinance. 

Ki.  All  writs,  subpoenas,  or  other  process,  issuing  out  of  the  city 
court,  shall  run  in  the  name  of  the  City  of  Dallas,  and  may  be  executed 
and  served  by  the  Chief  of  Police  or  his  deputies,  or  policemen  of  said 
city  anywhere  in  Dallas  County,  Texas. 

17.  In  all  cases  where,  by  any  of  the  provisions  of  this  act,  or  by  ordi- 
nances in  pursuance  thereof,  a  person  is  required  to  obtain  a  license  for 
any  calling,  occupation,  biisiness  or  vocation,  and  has,  on  complaint  be- 
fore the  corporation  court,  been  adjudged  guilty  of  violating  any  rule, 
regulation  or  ordinance  of  the  city  in  relation  thereto,  said  court,  in  ad- 
dition to  the  punishment  to  be  imposed  therefor,  may  suspend  or  revoke 
the  license  so  granted. 

18.  The  term  "officer,"  as  used  in  this  charter,  shall  apply  only  to 
those  officers  who  are  elected  by  the  people,  or  are  appointed  or  confirmed 
by  the  Board  of  Commissioners  for  a  fixed  and  definite  period,  and  the 
same  does  not  include  policemen,  except  the  Chief  of  Police,  and  does 
not  include  other  agents  or  employes  of  said  city.  All  city  oflRcers  and 
employes  shall  enter  into  such  bond  for  the  faithful  performance  of  their 
duties  as  the  Board  of  Commissioners  may  require,  by  ordinance  or  reso- 
lution, and  shall"  perform  sucli  ollu-r  and  further  duties  as  the  Board 
of   Commissioners   may   from   tinie    to   time   prescribe. 

10.  All  qualified  electors  of  the  State  who  shall  have  resided  for  six 
months  immediately  preceding  the  election  within  the  limits  of  said  city 
shall  have  the  right  to  vote  for  Mayor  and  all  other  elective  officers  of 
said  city,  but  in  all  elections  to  determine  the  expenditure  of  money,  or 
assumption  of  debt  or  levy  special  taxes,  only  those  shall  be  qualified 
to  vote  Avho  pay  taxes  on  property  in  said  city,  such  qualification  to  be 
ascertained  by  an  inspection  of  the  assessment  rolls. 

20.  The  Board  of  Commissioners  shall  have  the  right  to  remit,  in  whole 
or  in  part,  any  fine  or  penalty  belonging  to  the  city,  which  may  be  im- 
posed under  any  ordinance,  or  resolution  passed  in  pursuance  of  this 
act. 

21.  Ko  lien  of  any  kind  can  ever  exist  against  the  public  school  build- 


--80— 

ings,  public  halls,  parks,  or  public  works  of  the  City  of  Dallas.  All  sub- 
contractors, materialmen,  mechanics  and  laborers  upon  any  public  works 
of  the  City  of  Dallas  are  hereby  required  to  notify  the  city  of  all  claims 
they  may  have  on  account  of  such  work  against  the  city,  and  when  such 
notice  has  been  given,  the  city  shall  retain  an  amount  from  any  funds 
due  the  contractors,  sufficient  to  satisfy  all  claims;  provided,  that  such 
notice  may  be  given  at  any  time  after  such  indebtedness  becomes  due 
and  before  final  settlement;  and  provided  further,  that  no  contractor  or 
sub-contractor  shall  issue  any  time  checks  on  or  on  account  of  any  pub- 
lic works  of  said  city. 

22.  The  Board  of  Commissioners  shall  require  good  and  sufficient  bonds 
of  all  contractors,  with  at  least  two  good  and  sufficient  sureties,  who 
shall  be  residents  of  the  State  of  Texas.  Xo  non-residents  of  the  State 
shall  ever  be  received  as  surety  on  any  bond  payable  to  the  City  of 
Dallas,  except  such  guarantee  companies  as  may  be  satisfactory  to  the 
Board  of  Commissioners,  and  in  all  cases  at  least  one  of  the  sureties 
must  be  a  resident  of  Dallas  County,  Texas.  When  bondsmen  are  not 
residents  of  Dallas  County  such  proof  of  their  solvency  may  be  required 
as  the  Board  of  Commissioners  may  deem  necessary. 

23.  All  appropriations  made  or  set  apart  for  the  payment  of  any  in- 
terest or  sinking  fund,  or  both,  shall,  under  no  circumstances,  ever  be 
diverted  to  any  other  purpose. 

24.  All  questions  arising  in  administering  said  city  government,  and 
no?  provided  for  in  this  act,  shall  be  governed  by  the  State  law  in  such 
cases  made  and  provided. 

25.  No  office  provided  for  in  this  act,  not  now  already  existing,  sliall 
be  held  to  be  created  until  the  same  is  established  by  an  ordinance  of  the. 
Board  of  Commissioners. 

26.  This  act  shall  be  deemed  a  public  act,  and  judicial  notice  shall 
be  taken  thereof  in  all  courts  and  places,  without  tlie  same  having  been 
pleaded  or  read  in  evidence. 

27.  The  Board  of  Commissioners  shall  have  the  power  to  prohibit 
the  working  of   State  convicts  within  the  corporate  limits  of  the  city. 

'  28.  The  Board  of  Commissioners  shall  have  power  to  prohibit  minors 
from  going  and  being  on  the  public  streets  and  in  public  places  in  the  City 
of  Dallas  between  the  hours  of  9  o'clock  p.  m.  and  4  o'clock  a.  ni.,  at 
night,  without  the  consent  of  their  parents  or  guardians. 

29.  The  provisions  of  this  act,  in  so  far  as  they  may  conflict  with 
any  State  law,  shall  be  held  to  supersede  the  said  law  to  that  extent, 
and  it  shall  not  be  held  invalid  on  account  of  such  conflict. 

30.  All  elections  shall  be  held  according  to  the  provisions  of  the  law 
of  the  State  of  Texas  applicable  thereto;  the  presiding  judges  thereof 
shall  be  qualified  voters  in  the  city.  The  Board  of  Commissioners  shall 
provide  for  their  compensation  and  regulate  and  define  their  duties  and 
powers,  and  they  shall  have  siich  judges  and  clerks  as  are  in  such  cases 
provided  for  by  the  laws  of  the  State  of  Texas,  which  judges  and  clerks 
shall  be  selected  by  the  presiding  judge.  In  case  the  person  so  appointed 
the  presiding  judge  is  unable,  fails  or  refuses  to  act  as  such,  or  the 
Board  of  Commissioners  shall  fail  to  appoint,  or  in  case  no  presiding  of- 
ficer appears  to  open  the  polls,  the  attending  qualified  voters  shall  ap- 
point such  officer,  who  shall  have  the  same  powers,  and  perform  all  the 
duties   of   the   presiding  judge.      But    in    such    cases,    such   judges    shall   in 


—81— 

llieii-  returns  ceitify  tluil  the  presiding  ollieer  acting  as  such,  was  duly 
clcc-tcd   by   the  electors  present. 

'.i\.  The  manner  of  conducting,  and  voting  at, such  elections  under  this 
act,  keeping  the  poll  lists,  canvassing  the  votes  and  certifying  the  returns, 
>liall  be  such  as  is  provided  by  the  laws  of  the  State  ofv  Texas  for  similar 
flections,  and  as  may  be  pro.vided  by  the  Board  of  Commissioners  by  ordi- 
nance. 

;>2.  The  managers  of  elections  shall  be  sworn  to  well  and  truly  conduct 
Ihe  elections,  without  partiality  or  prejudice,  and  agreeable  to  law,  accord- 
ing to  the  best  of  their  skill  and  ability,  which  oath  shall  be  administered 
to  the  judges  and  clerks  by  the  presiding  officer.  The  presiding  officer 
shall  be  sworn  to  discliarge  the  duties  of  presiding  officer  of  elections  to 
the  best  of  his  skill  and  ability,  which  oath  shall  be  administered  by  the 
Mayor,  City  Secretary  or  any  justice  of  the  peace. 

32.  ^\^lenever  it  shall  happen  in  any  election  that  there  is  a  tie  be- 
tween one  or  more  candidates  for  the  same  office,  the  Board  of  Commis- 
sioners shall  declare  such  election  void  as  between  such  candidates,  and 
I  rder  a  new  election  for  siich  office,  giving  at  least  ten  days'  notice 
thereof. 

Every  person  elected  or  appointed  to  any  office  in  the  City  of  Dallas 
sliall.  before  he  enters  upon  his  duties,  take  the  official  oath  prescribed 
by  the  State  Constitution,  and  such  additional  oath  as  the  Board  of  Com- 
missioners  may   prescribe   to   secure   a   faithful   performance   of   duty. 

Any  officer  ceasing  to  possess  any  of  the  qualifications  required  of  him 
at  the  time  of  his  election,  shall  thereby  vacate  his  office,  and  the  same 
shall   be   filled   as   herein   provided. 

34.  All  rules  and  regulations  and  ordinances  concerning  the  police  and 
fire  departments  of  the  City  of  Dallas  in  force  when  this  act  goes  into 
effect,  and  which  are  not  in  conflict  with  this  act,  shall  be  and  remain 
in  force  until  altered,  amended  or  repealed  by  the  Board  of  Commis- 
sioners; and  all  such  rules  and  regulations  and  ordinances  as  may  be  in 
conflict  with  this  act  are  hereby  repealed. 

Xo  person  shall  be  eligible  to  appointment,  or  to  be  appointed,  or  serve 
as  a  policeman,  officer  of  police,  or  fireman  of  the  City  of  Dallas  who 
shall  have  been  convicted  of  any  offense,  the  punishment  for  which  may  be 
confinement  in  the  State  penitentiary;  nor  shall  any  person  be  appointed 
who  is  not  shown  to  be  of  good  character,  or  who  can  not  read  and  write 
the  English  language,  or  who  does  not  possess  ordinary  physical  strength 
and  courage. 

All  policement  and  firemen  of  the  City  of  Dallas  shall  hold  their  posi- 
tions during  good  behavior,  and  shall  not  be  removed  from  same  except 
for  such  cause  as  in  the  opinion  of  the  Board  of  Commissioners  renders 
them  unfit  to  remain  in  the  service  of  the  city,  and  after  written  notice 
giving  the  grounds  for  such  discharge  or  removal  and  an  opportunity  to 
be  heard  on  such  charges,  or  reasons. 

The  Board  of  Commissioners  shall  have  the  authority  to  make  pro- 
vision for  the  care  and  sustenance  of  policemen  and  firemen  who  have 
been  disabled  while  in  the  active  discharge  of  their  duties  in  the  service 
of  the  city,  or  who  after  long  and  continuous  service  have  become,  by  rea- 
son of  old  age  and  infirmities,  incapacitated  to  discharge  their  duties. 
After  January  1,  1910,  all  policement  and  firemen  who  shall  have  served 
continuously    for   ten    consecutive    years    and    who    have    not    been    found 


—82— 

guilty  of  any  charges  for  violation  of  any  of  the  rules  of  said  department, 
shall  each  receive  as  salary  the  sum  of  $2.50  per  month  in  addition  to 
their  regular  salaries;  for  fifteen  years  of  such  service,  $5  per  month  in 
addition  to  their  regular  salaries;  for  twenty  years  of  such  service,  $7.50 
per  month  in  addition  to  their  regular  salaries;  for  twenty-five  years 
of   such  service,  $10  per  month   in  addition  to  their  regular  salaries. 

35.  The  offices  of  Mayor,  Aldermen,  Police  Commissioner  and  Fire  Com- 
missioner, as  said  offices  are  at  present  created  and  constituted  by  the 
city  charter  of  the  City  of  Dallas,  Texas,  are  hereby  abolished  and  va- 
cated; and  such  offices  and  the  salaries  thereof  shall  wholly  cease  and 
expire  at  the  time  when  the  Mayor  and  Board  of  Commissioners,  as  con- 
stituted in  this  act,  shall  be  elected  and  qualified.  All  other  officers,  in- 
cluding the  Chief  of  Police  and  the  Chief  of  the  Fire  Department  of  the 
City  of  Dallas,  shall  have  the  right  to  serve  until  the  end  of  the  terms 
for  which  they  were  respectively  appointed  or  elected.  Such  officers  shall, 
however  (except  the  members  of  the  "Board  of  Education),  be  under  the 
direct  control,  supervision  and  management  of  the  Board  of  Commission- 
ers, as  herein  created,  and  each  of  said  officers  shall  be  subject  to  removal 
by  said  Board  for  incompetency,  insubordination  or  any  other 
good  cause,  if  complaints  or  charges  shall  be  preferred  against  him 
and  upon  trial  thereof  he  shall  be  found  guilty  by  said  Board  of  Commis- 
sioners. The  salaries  of  said  officers  so  retained  shall  not  be  increased  or 
diminished  during  their  terms  of  office. 

36.  It  shall  be  the  duty  of  the  JNIayor  as  soon  as  this  act  shall  take 
effect  to  order  an  election  on  the  sixth  Tuesday  after  this  act  takes  effect, 
at  which  election  a  IMayor  and  four  Commissioners  shall  be  elected  at 
large  in  the  City  of  Dallas,  and  the  proposed  bond  issues  and  special  tax 
described  in  Section  3,  Article  XI,  shall  be  submitted  to  the  qualified 
property  taxpayers  of  said  city.  If  for  any  reason  the  Mayor  shall  fail 
to  make  such  call  for  said  election  within  forty  days  after  this  act  be- 
comes a  law  then  it  shall  be  the  duty  of  the  county  judge  of  Dallas 
County  to  issue  said  call  for  said  election  and  to  give  twenty  days'  notice 
thereof.  Said  election  shall  be  held  according  to  the  laws  of  the  State 
of  Texas  applicable  thereto,  except  where  the  same  may  be  in  conflict 
with  the  provisions  of  this  act. 

The  presiding  officers  thereof  shall  be  qualified  voters  of  the  City  of 
Dallas  and  shall  receive  such  compensation  and  perform  such  duties  as 
may  be  provided  by  law  and  ordinances  of  the  City  of  Dallas.  In  case 
such  presiding  officer  so  appointed  fails  or  refuses  to  act,  or  in  case  no 
presiding  officer  appears  to  open  the  polls,  the  attending  qualified  voters 
shall  appoint  such  officer,  who  shall  have  the  same  powers  and  perform 
all  the  duties  of  presiding  judge.  But  in  such  cases  such  judges  shall, 
in  their  return,  certify  that  the  presiding  judge  acting  as  such,  was  duly 
elected  by  the  electors  pi-esent,  naming  at  least  three  such  qualified  electors 
present  and  voting.  The  Mayor  and  four  Commissioners  elected  at  said 
election,  as  provided  herein,  shall  hold  their  respective  offices,  perform  their 
duties  and  receive  their  pay  until  the  first  Tuesday  in  April  A.  D.  1909, 
and  until  their  successors  are  elected  and  qualified.  There  shall  be  held 
on  the  first  Tuesday  in  April,  A.  D.  1000,  and  every  two  years  thereafter, 
unless  otherwise  provided  by  law,  a  regular  election  for  a  Mayor  and  four 
Commissioners,  who   shall  perform   their  duties  and  discharge  the  obliga- 


—83-- 

tions  conferred  upon   them  by  this  act,  and  wlio  shall  retain  their  ofHces 
for   two   years  and   until   their  successors   are   elected  and  qualified. 

37.  All  taxes  heretofore  levied  and  assessed  bj"^  the  City  of  Oak  Cliff 
and  not  collected  when  this  act  goes  into  effect  shall  be  collected  by  the 
City  of  Dallas  as  other  taxes  are  collected. 

38.  The  public  schools  of  Oak  Cliff,  as  they  now  exist,  shall  be  maintained 
and  kept  at  the  present  high  standard,  including  all  the  grades  as  they 
are  now  maintained  under  the  control  and  management  of  the  Board  of 
Education  of  the  City  of  Dallas  and  the  provisions  of  the  charter  of 
the  City  of  Dallas  applicable  thereto. 

o!).  There  shall  always  be  maintained  within  the  said  territory  of  Oak 
Clilf  heretofore  annexed  to  the  said  City  of  Dallas,  an  adequate  fire  sta- 
tion properly  and  adequately  equipped  with  sufficient  force  to  operate 
the  same  without  discrimination. 

Said  territory  of  Oak  Cliff  heietofore  annexed  to  the  City  of  Dallas,  is 
hereby  declared  to  be  a  residence  district  and  the  city  government  of 
Dallas  shall  never  have  authority  to  permit  any  intoxicating  liquors  to 
be  sold,  bartered  or  exchanged  within  said  limits.  The  present  statute  of 
local  option  as  it  now  exists  in  said  territory  of  Oak  Clifi"  shall  not  be 
repealed  or  changed  by  any  act  of  the  city  government  of  Dallas,  and 
should  any  election  be  held  on  said  question  it  shall  be  held  solely  in  the 
entire  justice  precinct  in  which  the  City  of  Oak  Cliff  was  and  is  situated- 
prior  to  the  adoption  of  this  act,  to-wit:  precinct  No.  T,  Dallas  County, 
Texas,  as  it  is  now  constituted. 

The  Board  of  Commissioners  of  the  City  of  Dallas  shall  expend  for 
street  improvements  within  the  limits  of  the  territory  of  Oak  Cliff  here- 
tofore annexed  to  the  City  of  Dallas,  annually,  not  less  than  two  thous- 
and ($2000)  dollars  for  a  period  of  five  years  from  and  after  the  3rd  day 
of  July,  1903. 

All  lawful  franchises  and  contracts  made  and  granted  by  the  City  of 
Oak  Cliff  shall  continue  A^alid  and  unaffected  by  the  embracing  or  in- 
eluding  within  the  limits  of  Dallas  the  said  territory;  provided,  that , all 
moneys  heretofore  required  by  any  of  said  contract  to  be  paid  to  the 
City  of  Oak  Cliff  shall  after  the  passage  of  this  act  be  paid  to  tlie  City 
Dallas. 

40.  It  shall  be  unlawful  for  any  person  to  incumber  or  obstruct  any 
street,  highway  or  grounds  of  the  City  of  Dallas  with  any  posts, 
boxes,  lumber,  fences  or  with  anything  else.  Any  person  violating  the 
provisions  of  this  section  shall  be  subject  to  a  fine  in  any  sum  in  the 
corporation  court,  not  exceeding  two  hundred  dollars,  and  each  and  every 
day  that  any  obstruction  shall  exist  shall  constitute  a  separate  and  dis- 
tinct ofl'ense. 

41.  Xo  officer  or  employe  of  the  City  of  Dallas  shall  ever  accept,  di- 
rectly or  indirectly,  any  gift,  favor,  privilege  or  employment  from  any 
public  utility  corporation  enjoying  a  grant  of  any  franchise,  privilege  or 
easement  from  said  city,  during  the  tei-m  of  office  of  such  officer,  or  dur- 
ing such  employment  of  such  employe,  except  as  may  be  authorized  by 
law  or  ordinance.  Any  officer  or  employe  of  the  city  who  shall  violate 
the  provisions  of  this  section  shall  be  adjudged  guilty  of  a  misdemeanor 
and  shall  be  imprisoned  in  the  county  jail  not  less  than  three  months 
nor  more  than  twelve  months,  or  shall  be  fined  not  less  than  five  hun- 
dred dollarrs  nor  more  than  one  thousand  dollars,  or  may  be  puni-shed  with 


—84— 

both   such   fine   and   imprisonment,  and    shall   be   subject   to   removal   fi'om 
office. 

42.  No  contract  shall  be  entered  into  by  the  Board  of  Commissioners 
until  after  an  appropriation  has  been  made  therefor,  nor  in  excess  of  the 
amount  appropriated,  and  all  contracts  shall  be  made  upon  specifications, 
and  no  contract  ■  shall  be  binding  upon  the  city  unless  it  has  been  signed 
by  the  Mayor  and  countersigned  by  the  Auditor  and  the  expense  thereof 
charged  to  the  proper  appropriation;  and  whenever  the  contract  charged 
to  any  appropriation  equals  the  amount  of  said  appropriation,  no  fur- 
ther contracts   shall   be   countersigned   by   the  Auditor. 

All  contracts,  of  whatever  character,  pertaining  to  public  improvements, 
or  the  maintenance  of  public  property  of  said  city,  involving  an  outlay 
of  as  much  as  five  hundred  ($500)  dollars  shall  be  based  upon  specifica- 
tions to  be  prepared  and  submitted  to  and  approved  by  the  Board  of  Com- 
missioners; and  after  approval  by  the  Board  of  Commissioners,  advertise- 
ment for  the  proposed  Avork,  or  matters  embraced  in  said  proposed  con- 
tract, shall  be  made,  inviting  competitive  bids  for  the  work  proposed  to  be 
done,  which  said  advertisement  shall  be  published  in  a  daily  newspaper 
not  less  than  five  times.  All  bids  submitted  shall  be  sealed,  shall  be  opened 
by  the  Mayor  in  the  presence  of  a  majority  of  the  Board  of  Commis- 
sioners, and  shall  remain  on  file  in  the  office  of  City  Secretary  and  be 
open  to  the  public  inspection  for  at  least  forty-eight  hours  before  any 
award  of  said  work  is  made  to  any  competitive  bidder. 

The  Board  of  Commissioners  shall  determine  the  most  advantageous 
bid  for  the  city,  and  shall  enter  into  contract  with  the  party  submitting 
the  lowest  secure  bid;  and  if,  in  the  opinion  of  the  Board  of  Commission- 
ers, none  of  said  bids  are  satisfactory,  then  the  Board  of  Commissioners 
may  have  the  said  work  done  by  day  labor,  and  a  detailed  statement  of  all 
such  work  done  by  day  labor,  showing  the  cost  of  same,  shall  be  filed 
with  the  Board  of  Commissioners.  Pending  the  advertisement  of  the 
work  or  contract  proposed.,  specifications  therefor  shall  be  on  file  in  the 
office  of  the  City  Secretary,  subject  to  the  inspection  of  all  parties  de- 
siring to  bid. 

43.  In  addition  to  all  powers  elsewhere  granted  in  this  act,  the  City  of 
Dallas  shall  have  power  to  prohibit  the  erection,  construction  and  mainte- 
nance of  oil  houses,  where  oil  is  stored,  or  oil  yards  in  any  portion  of 
the  city,  and  to  prohibit  the  erection  of  such  oil  houses  or  oil  yards  where 
oil  is  stored  within  certain  distances  of  the  main  lines  of  any  railroad, 
and  to  prohibit  the  erection  and  location  of  oil  houses  and  the  storing 
of  same  in  any  part  of  the  residence  district  of  the  city,  and  to  au- 
thorize the  inspection  of  all  such  oil  houses  and  oil  j^ards;  and  to  require 
the  building  or  construction  of  all  oil  houses  out  of  fire  proof  material.  To 
require  the  construction  of  suitable  fire-escapes  on  or  in  hotels,  lodging 
liouses  or  other  buildings,  whether  now  built  or  hereafter  to  be  built; 
to  regulate  the  construction  of  all  passenger  or  freight  elevators  used  in 
buildings  and  to  provide  for  their  inspection,  and  to  pass  all  suitable  laws 
necessary  for  the  safety  and  protection  of  life  or  property  in  the  use  of 
such  elevators;  to  regulate  and  prohibit  the  construction  of  livery  stables 
or  blacksmith  shops  in  the  resident  portion  of  the  City  of  Dallas;  to  pro- 
hibit the  erection  or  construction  of  any  building  or  structure  of  any 
kind  within  the  City  of  Dallas  without  a  permit  first  having  been  issued 
by  the  city  for  the  construction  or  erection  of  such  building  or  structure. 


—85— 

and  to  authorize  a  fee  to  be  charged  for  sucli  peniiit;  to  authorize  the 
inspection  hy  tlie  city  of  all  buildings  or  structures  during  the  progress 
of  their  construction;  to  require  that  all  buildings  sliall  be  constructed 
in  conformity  to  the  building  regulations  which  may  exist  in  said  city, 
or  which  shall  hereafter  be  jmssed;  to  license,  tax  and  regulate  dray- 
men, haekmen,  omnibus  drivers,  baggage  wagon  drivers,  and  drivers  of 
vehicles  of  every  kind,  and  all  others  pursuing  lik?  occupations,  with 
or  without  vehicles,  and  prescribe  their  compensation,  and  to  make  it  a 
misdemeanor  for  any  person  to  attempt  to  defraud  them  of  any  legal 
charge  for  services  rendered;  to  regulate  stands  for  vehicles  and  regulate 
license  and  restrain  runners  for  railroads,  vehicles  of  any  kind,  hotels, 
public  houses  of  any  kind,  or  other  business  of  any  kind;  to  prohibit 
or  regulate  hacks,  move  wagons,  baggage  wagons  or  drivers  of  any  thereof 
from  making  public  stands  in  the  streets  of  the  city,  and  the  Board  of 
Commissioners  may,  if  in  their  judgment  they  ilcciu  hcsi.  i)rescribe  certaui 
bounds,  within  which  no  hack,  move  wagon  or  oilier  vehicle  or  wagon  let 
for  hire  shall  occupy  any  portion  of  the  public  streets  therein  for  the 
purpose  of  a  public  stand  or  a  pri\ate  stand. 

44.  The  Board  of  Commissioners  sh'^ill  have  power  to  summon  and 
compel  the  atendance  of  Avitnesses,  and  the  production  of  books  and  papers 
before  them  whenever  it  may  be  necessary  for  the  more  effective  discharge 
of  their  duties,  and  shall  have  the  power  to  punish  for  contempt  before 
them  with  the  same  fines  and  penalties  as  the  County  Judge  may  punish 
for  contempt  before  the  county  court.  All  process  shall  be  signed  by  the 
Mayor  and  attested  by  the  City  Secretary,  and  shall  be  served  by  the 
Chief  of  Police  or  any  ])()liee  officer  of  the  said  city. 

4o.  In  the  event  any  part,  article,  section  or  sujjdivision  of  this  act 
'shall  be  held  to  be  unconstitutional  or  invalid  for  any  reason,  such 
holding  shall  not  be  construed  to  invalidate  or  impair  the  remainder  of 
tlie  act,  but  the  same  shall  continue  in  full  force  and  effect  notwith- 
standing such  holding. 

4(5.  The  Act  entitled  "An  Act  to  incorporate  the  City  of  Dallas  and  grant 
it  a  charter,"  contained  in  the  special  laws  of  the  Twenty-ninth  Legis- 
lature, and  all  other  acts  relative  to  the  uicorporation  of  the  City  of 
Dallas,  so  far  as  the  same  may  conflict  with  this  act,  shall  be  and  the 
same  are  hereby  repealed,  but  nil  pro])erty  actions,  rights  of  action, 
claims  and  demands  of  every  nature  and  kind  whatever  vested  in  the 
city  or  existing  or  asserted  against  the  city,  under  and  by  virtue  of  said 
laws  hereby  repealed,  shall  vest  in  and  remain  and  inure  to  the  said 
corporation  and  to  the  persons  asserting  such  claims  against  it,  under  this 
act  as  fully  and  completely  in  all  respects  as  if  the  said  laws  had  not 
been  repealed. 

47.  Whenever  any  power,  authoiity  or  right  is  conferred  herein  upon 
the  City  of  Dallas,  or  upon  the  Board  of  Commissioners,  and  provisions  are 
incorporated  herein  for  the  exercise  thereof  in  different  ways,  each  of  such 
jjrovisions  shall  be  held  and  construed  to  be  cumulative  of  the  other  re- 
ferring to  the  same  subject,  and  in  such  cases,  the  Board  of  Commissioners 
shall  be  empowered  to  use  its  own  discretion  with  respect  to  which  of 
such  powers  it  shall  exercise. 

48.  All  elections  for  the  approval  or  rejection  of  bond  issues,  the  grant- 
ing of  franchises  and  the  levying  of  special  taxes,  wherein  such  matters 
shall  be  submitted  to  a  vote  of  the  taxpayers  of  the  city,  shall  be  held  at 


a  general  election  in  said  City  of  Dallas,  and  the  elections  held  to  elect 
members  of  the  Board  of  Commissioners  and  the  Board  of  Education  shall 
be  the  only  elections  in  said  city  which  shall  be  denominated  general 
elections. 

49.  The  City  of  Dallas  shall  have  the  same  right  of  appeal  as  is  allowed 
the  defendant  from  the  judgment  of  the  Corporation  Court  in  all  criminal 
cases  involving  the  constitutionality  or  validity  of  any  statute  of  the 
State  of  Texas  or  any  ordinance  of  the  City  of  Dallas. 

50.  There  shall  be  printed  upon  the  official  ballot  to  be  used  at  the 
first  election  to  be  held  under  this  act,  above  the  names  of  the  candidates 
upon  said  ballot  the  following  words: 

'Tor  the  recall." 

"Against  the  recall." 

Every  qualified  voter  voting  at  said  election  shall  be  entitled  to  vote 
upon  said  subject.  In  the  event  of  a  majority  of  the  voters  who  Shall 
vote  thereon  shall  vote  in  favor  of  the  recall,  the  provisions  of  article 
!)  of  this  act  relating  to  said  subject,  including  all  of  the  provisions 
of  said  article,  shall  become  operative  and  shall  have  full  force  and  eflfect 
as  all  other  provisions  of  this  act.  If,  however,  a  majority  of  the  voters 
voting  upon  said  subject  shall  vote  against  such  recall  provisions,  the  same 
including  all  the  provisions  of  said  article  9,  shall  not  take  effect  and  shall 
not  have  the  force  of  law;  provided,  however,  that  if  it  shall  be  held  that 
this  subdivision  of  this  act  is  unconstitutional  or  invalid  for  any  reason, 
such  holding  or  decision  shall  not  in  any  way  effect  or  impair  any  other 
article,  section,  subdivision  or  provision  of  this  act.  And  provided  further, 
,  that  in  the  event  this  subdivision  of  this  act  shall  be  held  unconstitutional 
or  invalid  for  any  neason.  such  holding  shall  only  affect  this  subdivision 
and  shall  not  be  construed  to  invalidate  the  provisions  of  article  9 
of  this  act  relating  to  such  subject. 

.51.  The  fact  that  the  people  of  Dallas  have  voted  to  request  the  Legis- 
lature to  pass  a  bill  creating  a  new  charter  for  said  city  under  which 
it  will  have  a  commission  form  of  government,  the  near  approach  of  the 
end  of  the  session,  and  the  crowded  conditi  n  cf  the  calendar,  creates  an 
emergency  and  an  imperative  public  necessity  requiring  that  the  Con- 
stitutional rule  requiring  bills  to  be  read  <m  three  several  days  be  suspended 
and  said  rule  is  hereby  suspended,  that  this  act  shall  take  effect  and 
be  in  force  fro,n  and  after  its  passage,  and  it  is  so  enacted. 

A.   B.  DAVIDSON, 

President  of  Senate. 

THOS.   B.   LOVE, 
Speaker  of  House  of  Representatives. 
Approved  Ajn-il  13,  1907. 

T.  M.  CA:MPBELL,  Governor. 

I  hereby  certify  that  the  within  S.  B.  Xo.  316  passed  the  Senate  April 
3,  1907.  by  two-thirds  vote,  ayes  27,  nays  0.  House  amendments  con- 
ciured  in  April  S,   1907,  l)y  two-thirds  vote,  ayes  2.5,  nays  0. 

CLYDE  D.  SMITH. 
Secretnrv    of    Senate. 


—87— 

I  liereby  certify  that  the  witliin  S.  B.  No.  31(5  passed  the  House  of 
Representatives  with  amendments  April  8,  1907,  by  the  following  vote, 
yeas  105,  nays  0. 

BOB  BARKER, 
Chief   Clerk   House   of   Representatives. 

Received  in  the  Executive  Office,  this  12th  day  of  April,  A.  D.   1907,  at 

11  o'clock  and  minutes  a.  m. 

A.  M.  BARTON, 
Private  Secretary. 

Received  in  Department  of  State,  this  13th  day  of  April,  A.  D.  1007, 
at  12  o'clock  and  15  minutes  p.  m. 

L.  T.  DASHIELL, 

Secretary  of  State. 

THE  STATE  OF  TEXAS, 
Department  of  State. 
I,  L.  T.  Dashiell,  Secretary  of  State  of  the  State  of  Texas,  do  hereby 
certify  that  the  attached  and  foregoing  is  a  true  and  correct  copy  of  S. 
B.  No.  316,  being  an  Act  entitled  "An  Act  to  grant  a  new  charter  to 
the  City  of  Dallas,  Dallas  County,  Texas;  repealing  all  laws  or  parts  of 
laws  in  conflict  herewith,  and  declaring  an  emergency,"  passed  and  en- 
acted by  the  Thirtieth  Legislature  of  the  State  of  Texas,  and  now  on 
file  in  this  department. 

In  testimony  whereof,  I  hereto  sign  my  name  officially  and  cause  to 
be  impressed  hereon  the  seal  of  State  at  my  office  in  the  City  of  Austin, 
Texas,  this  the  16th  day  of  April,  A.  D.   1907. 

[Seal]  L.  T.  DASHIELL, 

Secretarv  of  State. 


INDEX. 

PACE 

Abusive   language   10 

Additional    territory     5 

Administering    oaths    34 

Amusements 9 

Anesthetics     '.  .  .    10 

Animals,   cruel   treatment 10 

Annoyances,   prohibiting    10 

A])propriations,    annual     ''2 

Appropriations,   malfeasance    to    make 33 

Appropriations  may   not   be   diverted    80 

Assessing   for   back   taxes 44 

Assessments 7 

Assessments,    how    made 42 

Auditor,    duties     - 37 

Auditor,    ho^\'    nominated    37 

Automobiles,  etc.,  to  regulate    12 

P>akers,    regulation     9 

Bawdy   houses,   regulation    9 

Beggars,    prohibiting    '.  .    10 

Birtlis,    registration 14 

Board   of   Commissidiicrs,    l)onds 30 

Boai'd    of    Connnissiiincrs.    compensation    of 29 

Board  of  Commissioners,   how  and  when  elected 27 

Board  of  Commissioners,  mayor  to  be   president 27 

Board  of   Commissioners,    powers   of 27 

Board  of  Commissioners,  qualification  of  members 2S 

Board  of   Commissioners   vacancies,   how   filled 29 

Bonds    8 

Bonds    of    corporations    ^5 

Bond  elections   '. 85 

Bonds,  how  signed    8 

Bonds,  required  of  contractors   80 

Board  of  Commissioners,  meetings  of 31 

Board  of  Commissioners,  quorum    31 

Borrowing  money   7 

Boundaries,    City    1 

Breaches  of  the  peace 10 

Budget,  how  made    32 

Butchers,    licenses    and    control 15 

Carcasses    of    dead    animals 15 

Cattle,  impounding,  etc '. 9 

Census 77 

Cemeteries,  public  and  private 13 

Charter,  a  public  act 80 

Charter    supersedes    State    law 80 

City  a  body  politic    5 

City  hospital   78 

City    Attorney     35 

City   Treasurer,    duties    of 38 

City  Treasurer,  how  selected 38 

Cleaning    premises    15 


-89— 

(  Icrk    of    eorpoiatioa    couit •!'» 

Collecting  taxes,  action  for  debt   7.S 

Collection  of   taxes,   to   provide   for ''>'-i 

Construction    of    railway    tracks '2.S 

Contracts  and  payments  therefor   H4 

Corporate  name   I 

Corporation    court     ^'» 

( 'orporation    service,    ('(piality 20 

( 'orporations,    annual    statements    26 

Curfew    law    80 

Dairies,    license    and    control 13 

Damages    78 

Dangerous    struct lues    71) 

Day  labor  on  city   wmk    .' 77 

Day's  work,  hours  to  constitute _. 77 

Death,    registration    14 

Debt,    power   to    fund   and    refund •^'•i 

Disease.   pie\enting 14 

Disposition   of   funds    6 

Dogs,   regulation   10 

Drains   and   sinks 14 

Dram   shops,   regulation 0 

Driving   cattle,    regulation    10 

Duties    of    mayor — bonds     8 

Election    contests     34 

Election,    first    SO 

Election,  first  under  this  charter   82 

Elections,    how    held     1:18 

Elections  under  State  law    80 

Electors,  who  constitute    79 

Employes,    city,    how    named ."{1 

Exemptions    from    taxes    78 

Fighting,  cock,  boxing,  dog    iO 

Finance   and   Revenue    Commissioner 30 

Finances    controlled    by    Commissioners o3 

Fines,    commutation,    etc 12 

Fire-arms    11 

Fire  escapes   13 

Fires,   protection   against    12 

Fire   regvilations    SI 

Fireworks   .    13 

Fiscal  year,  begins  wdien   78 

Franchises  and  privileges,  forfeiture    12 

Franchises,    compensation     ^0' 

Franchises,    express    grant 17 

Franchises,    how    granted IS 

Franchises,   list   to    be   made 21 

Franchises,    not    exclusive     18 

Franchises,   right   of   city    to    purchase 20 

Franchises,    right    to    confer 17 

Franchises,    term    granted    IS 

<  Gambling  houses,  suppression    9 


—90— 

I'AGE 

Gifts  to  olHcers   pioliibited    83 

Health,    disposition    of    dcjul ; 13 

Horse   cais    'Zo 

Initiative    and    referonduni     .  .  . '. 49 

Inspection  of  buildings    ., 12 

Inspection    of    premises 1 .5 

Inspection  of  sale  and  slaughter !  5 

Interurban   railways   defined    21 

Irregularity  of  tax  rolls,  shall   not   invalidate -1.1 

Judge    of   corporation    court 3;i 

Kindergarten    schools     J 1 

Laying    pipes 17 

Licenses   1  i) 

Licenses,   revoking    7!) 

Liens  against   public  buihliugs   prohibited SO 

Lien    for    taxes 4.") 

Liquor,  prohibiting  sales  and  gifts    11 

Lottery    drawings,    suppression !> 

Lumber,    storage     1:! 

Manufactories,    to    regulate 13 

Markets 17 

]\Iayor    a    Commissioner 29 

Mayor,    recommendations    of 32 

Mayor  to  submit  estimates  of  city  expenses ''-2 

Municipal    service     1(3 

Night    soil    . 13 

Noises,  prohibiting   JO 

Nuisances,  defining  and  abating    .  .  .  .  : 11 

Oak  Cliff  fire  station    83 

Oak  Cliff',  franchises  valid   83 

Oak  Cliff  public  schools 83 

Oak  Cliff',  saloons  prohibited  S3 

Oak  Cliff,  street  improyenients    83 

Oak  Cliff  taxes  S3 

Obtructing  streets  .  • .'....  83 

Occupation   taxes    G 

Offices    created     SO, 

Officer,  defined   70 

Officers    and   their    duties    3o 

Officers  to  take  oath    81 

Official  bonds  of  Commissioners  and  IMayor 30 

Officials    prohibited    from    employment    l)y    beneficiaries    of    franchises .  .  .5'> 

Officials  prohibited   from   interest  in   contracts 34 

Oil  houses,  regulation  of   84 

Ordinances . 7U 

Ordinances.   Commissioners   to   make 30 

Ordinances,   how   proposed    49 

Ordinances,   Mayor    to    sign 30 

Ordinances,   power   to   enact   and   enforce 5 

Ordinances,  printing  of    77 

Owners  to   render   property 45 

Park   Board,   how  constituted 41 


—91— 

PAGE 

Park   Board,   its  duties. 41 

Park   funds   41 

Park    funds     ■ 42 

Park    guards     42 

Passenger    service     -4 

Penalties,   diverting    funds    S 

Penalties,   how    fixed    12 

Penalties,  immoral   houses    10 

Penalties  remitted   79 

Penalties,    street    railways    24 

Penalties,  vagrants,  beggars,   prostitutes    "0 

Platting  of  property    5 

Poles,  erection,  location,  etc 12 

Police   and    Fire   Commissioner 2!) 

Police    powers     '. 9 

Police  qualifications 81 

Police  regulations 81 

Political    primaries 28 

Pool   sellers,   suppression    9 

Powers  of  City,  general    ^'> 

Prisons,   etc.,   establishment,   etc 12 

Process  in  name  of  city   79 

Property   liable   for   taxes,   when    77 

Prostitutes,  segregating  .    74 

Public    grounds     IH 

Public  grounds,  establisliing  and  regulation    9 

Public    library     17 

Public    schools,    how    managed 39 

Public  schools,  president  and  vice-president 40 

Public    Utilities     07 

Public    utilities     • 10 

Public  utilities,  changing  location  of  poles,  etc 72 

Public  utilities,  condemnation  of  property  for 09 

Public   utilities,   regulating   price   of   service 2o 

Puldic    vehicles     9 

Purchase    of    school    property 41 

Railway    switches    23 

Railway  trains,  regulation    9 

Railway   transfers 24 

Recall   of   elective   officers 51 

Redemption    of    property    47 

Referendum 49 

Regulating    speed    and    tracklaying 25 

Revenue   0 

Salaries,   of   city   employes ?/l 

Salaries    of    officers    35 

Sales  of  real  estate  for  taxes 47 

Saloon    closing     : 74 

.  Saloon   licenses   74 

Saloon   licenses,   forfeiture    70 

Saloon    limits    and    restrictions 73 

Sanitary   closets,    public    17 


—92— 

TAGK 

Seizure    for    personal    taxes ". 4G 

Service  by  and  upon  city,  liow  made   78 

Sewer    system    <i!J 

Slaughter    houses    15 

Speed  of  engines  and  cars -23 

State  convicts,  prohibiting  employment    80 

State  fair  grounds    42 

Steam  engines,  to  regulate   12 

Steam    railways,    use    of    streets 22 

Stocks    and    bonds,    corporations,    how    issued 26 

Stoves,   stove-pipes,   fire  places,   etc..   to   regulate 12 

Street  and  Public  Property  Commissioner 20 

Street    and    sidewalk    improvements 52 

Street    improvements    by    corporations 72 

Street   railways,    use    of    tracks 21 

Streets    and   allej's 1(> 

Streets,  non-user   10 

Streets,  racing  and  driving 10 

Taverns  and  grogsliops    ^ 9 

Tax  deeds   47 

Taxes    due,    when 46 

Tax .  levy,   when   and   how   made 33 

Tax   suits   at   law 48 

Tax  title 47 

Taxes,   how   collected    43 

Taxes,   where   payable    4G 

Teams,  hitching ; 10 

Theaters,  halls,   dance  houses,   amusements    9 

Theaters,    ro'gulating    doors,    etc 13 

Transfers    on    railways     24 

Transportation,   rates,  etft 9 

Tresjjasses   10 

Trinity    river,    control    of 14 

Trinity   river,   discharging  refuse  water   in 14 

Use   of   street   car    tracks 21 

Use  of  street   railway  tracks,  compensation 22 

Unwholesome    business     15 

Vacancies,  how  filled    34 

Vacating  old  offices 82 

Validating  ordinances   77 

Validating   tax    levies 48 

Veto,  effect  of    31 

Water,   purity  of   Trinity   river 14 

Waterworks    16 

Waterworks    and    Sewerage    Commissioner 30 

Waterworks,    bonds    for    68 

Waterworks,    exclusive    rights     68 

Walks,   parapet,   to  regulate   construction    12 

Weights   and  measures    9 

Wharfage    17 

AVitnesses,  power  to   summon 85 

Workhouses     11 


CHARTER 


OF  THE 


CITY    OF   DALLAS 


1  907 

(Including  Amendments  of  1909) 


Pabk  L.  Payn,  Printing.  Stationkby  and  Advbbtising,  Dallas 


CHARTER   OF 

THE  CITY  OF  DALLAS 

1907 

(Including  Amendments  of  1909) 

S.  B.  No.  :^.it;. 

An  Act  to  grant  a  new  charter  to  the  City  of  Dallas,  Dallas  Coun- 
ty, Texas  repealing  all  laws  or  parts  of  laws  in  conflict  here- 
with, and  declaring  an  emergency. 

Be  it  enacted  by  the  l.egislature  of  the  State  of  Texas: 

ARTICLE   I. 

Incorporation  and   Territory. 

Section  1.  Corporate  Name.  All  inhabitants  of  the  City  of 
Dallas,  Dallas  County,  Texas,  as  the  boundaries  and  limits  of  said 
city  are  herein  established  or  may  be  hereafter  established,  shall 
be  a  body  politic,  incorporated  under,  and  to  be  known  by,  the 
name  and  style  of  the  "City  of  Dallas,"  with  such  yjowers,  rights 
and    duties    as    herein    provided. 

Sec.  2.  Boundaries.  The  bound  and  limits  of  the  City  of 
Dallas  are  hereby  established  and  described  as  follows:  Begin- 
ning at  the  south  corner  of  the  A.  C.  McDaniel  survey  in  Dallas 
County,  Texas,  at  low  water  mark  of  the  Trinity  River,  on  the 
east  bank  thereof;  thence  northeast  with  the  southeast  line  of 
said  McDaniel  survey  to  the  west  line  of  Edgar  Street;  thence 
northwest  with  the  S.  W.  'line  of  Edgar  Street,  25  feet,  corner 
thereon  at  a  point  which  would  be  the  intersection  of  the  north- 
west line  of  Romine  Avenue  if  extended  across  Edgar  Street; 
thence  northeast  with  said  northwest  line  of  Romine  Avenue  to 
a  point  thereon  132%  feet  southwest  from  the  southwest  line  of 
Colonial  Avenue:  thence  southeast  parallel  to  said  line  of  Co- 
lonial Avenue  to  corner  on  the  northwest  line  of  Hickman  Ave- 
nue; thence  southwest  with  said  line  of  Hickman  Avenue  79% 
feet  to  corner  thereon;  thence  southeast  180  feet;  thence  north- 
east parallel  to  said  line  of  Romine  Avenue  242  feet  to  a  point 
which  would  be  the  center  of  said  Colonial  Avenue  if  extended 
southeast  from  Hickman  Avenue;  thence  northwest  with  said 
center  line  of  said  Colonial  Avenue  if  extended  140  feet  to  the 
said  southeast  line  of  said  Hickman  Avenue;  thence  northeast 
with  said  line  of  Hickman  Avenue  30  feet  to  corner  thereon,  at 
a  point  where  the  northeast  line  of  Colonial  Avenue  would  in- 
'ersect   if  extended  across   Hickman  Avenue;    thence  northwest 


2     Boundaries  Art.  I,  Sec.  2. 

with  said  line  of  Colonial  Avenue,  extended  and  with  said  line 
of  Colonial  Avenue  to  corner  on  the  said  southeast  line  of  said 
McDaniel   survey;    thence  northeast   with   said  line   of  said   Mc- 
Daniel  survey  to  corner  on  the  northeast  line  of  the  right  of  way 
of  the  Houston  &  Texas  Central  Railroad;  thence  north  36  west 
with  said  line  of  said  right  of  way  to  the  northwest  line  of  Len- 
way   (Holman)  Avenue;   thence  northeast  with  said  line  of  Len- 
way    (Holman)    Avenue    to   the    southwest   line    of    South    Camp 
Street;    thence  northwest  with  said  line  of  South   Camp  Street 
to  the  southwest  line  of  Warren  Avenue;  thence  northeast  with 
said  line  of  Warren  Avenue  to  the  northwest  line  of  the  Winches- 
ter  Place  addition,   the   east   end   of   said   Warren  Avenue,   and 
continue  on  same  course  to  the  northeast  line  of  Trunk  Avenue, 
the  same  being  the  southwest  line  of  block  1387;   thence  south- 
east with   said  line  of  Trunk  Avenue   to   the   southeast   line  of 
Dallas  Avenue;  thence  northeast  with  said  line  of  Dallas  Avenue 
to  the  southwest  line  of  Second  Street;    thence  northwest  with 
said  line  of  Second  Street  to  the  northwest  line  of  .Julius  Street; 
thence  northeast  with  said  line  of  Julius  Street  to  the  northeast 
line   of  First  Street,   the   same  being  on   the   southwest  line   of 
block  Xo.  1436;   thence  southeast  with  said  line  of  First  Street 
to  the  south  corner  of  said  block  No.  1436;  thence  northeast  with 
the   southeast   line   of   said   block   No.   1436   and    a    continuation 
thereof  to  the  east  corner  of  block  No.  1436  on  the  southwest  line 
of  block  No.  1435;  thence  southeast  with  said  line  of  said  block 
No.    1435,   about   90   feet  to   the    south    corner   of   same;    thence 
northeast  with  the  southeast  line  of  said  block  No.  1435,  and  a 
continuation   thereof   to  the   north  line  of   the   Texas   &   Pacific 
Railroad   right   of   way;    thence   eastwardly   along   said   right    of 
way  about  863  feet  to  the  northwest  line  of  Du  Pree  Street  to 
the  southeast  corner  of  block  No.  1448;   thence  northwestwardly 
along   said   line   of  Du   Pree   Street   and   along   the   east   line   of 
block  1448,  and  the  east  line  of  block  No.  1447  and  a  continua- 
tion thereof  to  the  north  line  of  Forney  Avenue   (and  known  as 
the  Kaufman  Road)    the  same  being  the  south  line  of  Rowan's 
Addition;    thence  eastwardly  along  said  line  of  said  Avenue  to 
ttbe  southeast  corner  of  said  Rowan's  addition;  thence  northwest 
along  the  northeast  line  of  said   Rowan's   addition,  and  a  con- 
tinuation thereof  to  the  northwest  line  of  Orphan  Avenue,  the 
same  being  on  the  southeast  line  of  R.  D.  Caldwell's  Addition; 
thence  northeast  along  said  line  of  Orphan  Avenue  and  said  line 
of  said   Caldwell's  Addition,   to  the  east  corner  thereof,  on   the 
southwest   line   of   Henderson    Avenue;    thence   northwest   along 
said  line  of  Henderson  Avenue  and  along  the  northeast  line  of 
said  Caldwell's  Addition  and  a  continuation  thereof  to  the  corner 
of  the  northwest  line  of  the  right  of  way  of  the  Gulf,  Colorado 


Art.  I,  Sec.  2.  Boundaries     ?> 

&  Santa.  Fe  Railroad;  thence  northeast  along  said  line  of  said 
right  of  way  to  the  southwest  line  of  Beacon  Street;  thence 
northwest  with  said  line  of  Beacon  Street  to  the  southeast  line 
of  Columbia  Avenue;  thence  northeast  with  line  of  Columbia 
Avenue  to  a  corner  thereon  118  feet  northeast  of  the  northeast 
line  of  Fulton  Street;  thence  northwest  parallel  to  Henderson 
Avenue  to  corner  on  the  northwest  line  of  Reiger  Avenue  as 
platted  in  Junius  Heights  Addition;  thence  southwesterly  with, 
said  line  of  Reiger  Avenue  and  said  line  extended  to  the  north- 
east line  of  Augusta  Street ;  thence  northwest  with  said  line  of 
Augusta  Street  if  extended  to  the  south  line  of  Gaston  Avenue 
as  extended  in  Hunger  Place  Addition;  thence  southwest  with 
the  south  line  of  Gaston  Avenue  to  the  south  line  of  Hunger 
Boulevard;  thence  northwest  along  said  south  line  of  Hunger 
Boulevard  to  the  west  angle  of  the  intersection  of  Bryan  Street 
and  greenville  Avenue;  thence  north  with  said  west  line  of 
Greenville  Avenue  to  a  point  thereon  west  from  the  southwest 
corner  of  the  Alta  Vista  Addition;  thence  east  crossing  Green- 
ville Avenue  and  continuing  same  course  along  the  south  line  of 
said  Alta  Vista  Addition  to  the  southeast  corner  of  same;  thence 
north  along  the  east  line  of  said  Alta  Vista  Addition  to  the 
northeast  corner  thereof;  thence  west  along  the  north  line  of 
said  addition  to  west  line  of  Hubert  Street;  thence  north  along 
the  west  line  of  Hubert  Street  to  the  south  line  of  Lewis  Street; 
thence  west  along  south  line  of  Lewis  Street,  and  continuing 
along  the  south  line  of  Taylor  Street  to  Bowles  Avenue  (now 
Henderson  Avenue) ;  thence  northwest  with  said  line  of  Bowles 
Avenue  (now  Henderson  Avenue)  to  the  southwest  line  of  street 
known  as  Juliette  (or  Honarch)  Street;  thence  southwest  with 
said  line  of  Juliette  Street  to  the  northeast  line  of  Woodland 
Avenue;  thence  northwest  with  said  line  of  Woodland  Avenue 
to  a  point  about  27  feet  north,  20  feet  east  from  the  north  corner 
of  Fake's  Park  Place  Addition;  thence  southwestwardly  to  said 
corner  of  said  Fake's  Park  Place  Addition,  and  continuing  same 
course  along  the  northwest  line  of  said  Fake's  Addition,  and 
along  the  northwest  line  of  Alexander's  Park  Addition  to  the 
west  corner  thereof  on  the  northeast  line  of  Carroll  Avenue; 
thence  northwest  with  said  line  of  Carroll  Avenue  if  extended 
to  a  point  thereon  where  the  said  line  of  Carroll  Avenue  so  ex- 
tended would  intersect  the  southeast  line  of  Weldon  Street  if 
extended;  thence  southwesterly  along  the  said  south  line  of 
Weldon  Street,  if  so  extended  to  the  northeast  line  of  Haskell 
Avenue;  thence  northwest  with  said  northeast  line  of  Haskell 
Avenue  and  a  continuation  thereof  to  the  southeast  line  of  Cole 
Avenue;  thence  northeast  and  northeasterly  with  said  line  of 
Cole  Avenue  to  a  point  thereon  60  feet  at  right  angles  across. 


4      Boundaries  Art.    f,    Sec.    2. 

said  Cole  Avenue  from  the  east  corner  of  081/2  by  185  foot  lot 
in  name  of  O.  E.  Bateman  in  block  No.  987;  thence  northwesterly 
at  right  angles  across  said  Cole  Avenue  to  said  east  corner  of 
said  Bateman's  lot  and  continuing  same  course  along  the  north- 
east line  of  said  58%  by  185  foot  lot  to  the  north  corner  of  same 
on  the  southeast  line  of  an  alley  in  said  block  No.  987;  thence 
southwesterly  along  said  line  of  said  alley  58^4  feet  to  the  west 
corner  of  said  Bateman  lot;  thence  northwesterly  at  right  angles 
to  said  alley  to  the  southeast  Una  of  Travis  Avenue;  thence 
southwesterly  and  southwest  with  said  line  of  said  Travis  Ave- 
nue to  a  point  thereon  which  would  be  at  the  intersection  of  the 
southwest  line  of  Quick  Street,  if  extended  southeast  across 
Travis  Avenue;  thence  northwest  with  said  southwest  line  of 
Quick  Street,  extended  and  with  said  southwest  line  of  Quick 
Street  to  the  center  of  Turtle  Creek;  thence  in  a  northerly  di- 
rection up  Turtle  Creek  with  its  meanders  to  corner  therein  the 
northeast  corner  of  lot  No.  3  of  Cole's  subdivision  of  199  acres 
of  the  William  Grigsby  survey;  thence  west  along  the  lines  be- 
tween lots  3  and  4  of  said  subdivision  and  a  continuation  thereof 
to  the  northeast  line  of  Bowser  and  Lemmon's  Oak  Lawn  Addition 
on  the  southwest  line  of  said  Quick  Street;  thence  southeast 
with  said  line  of  Quick  Street  to  the  northwest  line  of  Argyle 
Avenue;  thence  southwest  along  the  northwest  line  of  Argyle 
Avenue  to  the  northeast  line  of  Lemmon  Avenue;  thence  north- 
west with  said  line  of  Lemmon  Avenue  to  the  northwest  line  of 
Douglas  Street;  thence  southwest  with  said  line  of  Douglas 
Street  and  a  continuation  thereof  to  the  southwest  line  of  CeCar 
Springs  Avenue;  thence  southeast  with  said  line  of  Cedar  Springs 
Avenue  to  the  northwest  line  of  Pendleton  Avenue  (formerly 
Douglas  Street) ;  thence  southwest  with  said  line  of  Pendleton 
Avenue  (formerly  Douglas  Street)  and  a  continuation  thereof 
to  the  southwest  line  of  Routh  Street;  thence  southeast  with 
said  line  of  Routh  Street  to  the  northwest  line  of  Throckmorton 
Street;  thence  southwest  with  said  line  of  Throckmorton  Street 
to  the  southwest  line  of  Maple  Avenue;  thence  southeast  with 
said  line  of  Maple  Avenue  to  the  north  corner  of  the  City's 
Parkland  Hospital  tract  of  land:  thence  southwest  with  the 
northwest  line  of  said  hospital  tract  of  land  and  a  continuation 
thereof  to  the  southwest  line  of  the  J.  A.  Sylvester  survey; 
thence  southeast  along  the  southwest  line  of  said.  Sylvester 
survey  to  low  water  mark  on  the  southeast  bank  of  the  Trinity 
River;  thence  down  said  river  with  the  meanders  of  low  water 
mark  on  the  east  bank  of  same  to  the  south  line  of  Commerce 
Street;  thence  westwardly  crossing  said  river  and  continuing 
same  course  along  the  south  line  of  the  Fort  Worth  Pike  to 
the  east  line  of  Beckley  Avenue;    thence  south  with  and  along 


Art.  I,  Sec.  2.  Boundaries     5 

the  east  line  of  Beckley  Avenue  to  a  point  thereon  180  feet 
north  from  the  north  line  of  Okenwald  Street;  thence  west  985 
feet  to  a  corner,  the  same  being  an  original  corner  of  the  City  of 
Oak  Cliff;  thence  south  with  a  west  line  of  said  Oak  Cliff 
boundary  to  the  intersection  of  same  with  the  east  line  of 
Haynes  Avenue;  thence  southwesterly  with  said  line  of  Haynes 
Avenue  to  the  north  line  of  Fifth  Street;  thence  west  along 
said  line  of  Fifth  Street  to  the  west  line  of  Cedar  Hill  Avenue; 
thence  north  along  the  said  line  of  Cedar  Hill  Avenue  470  feet 
to  corner  thereon;  thence  west  300  feet;  thence  south  and 
southwesterly  parallel  to  and  300  feet  from  the  west  line  of 
said  Cedar  Hill  Avenue  to  the  north  line  of  Davis  Street  (also 
known  as  Arthur  Avenue);  thence  west  with  said  line  of  Davis 
Street  to  a  point  thereon  north  from  the  northwest  corner  of 
the  Midway  Addition;  thence  crossing  said  Davis  Street  along 
the  west  line  of  the  said  Midway  Addition  to  a  southwest  corner 
thereof;  thence  east  along  a  northern  south  line  of  said  addition, 
and  a  continuation  thereof  to  the  east  line  of  Edgefield  Avenue; 
thence  south  along  said  line  of  Edgefield  Avenue  to  the  south- 
west corner  of  block  253-3312,  the  same  being  the  southern  south- 
west corner  of  the  Midway  Addition;  thence  east  to  the  south- 
east corner  of  Block  No.  140-3199;  thence  north  with  the  west 
line  of  Llewellyn  Street  about  50  feet  to  a  point  thereon  at 
which  the  south  line  of  the  Catholic  Orphan  Home  grounds 
would  intersect  if  extended  west;  thence  east  across  said  Llew- 
ellyn Street  and  along  the  south  line  of  said  Catholic  Orphan 
Home  grounds  to  the  southeast  corner  thereof;  thence  north 
about  30  feet  to  a  point  on  the  west  line  of  Adams  Avenue, 
at  which  the  said  line  of  block  72-3193  would  intersect  if  ex- 
tended west;  thence  east  across  Adams  Avenue  to  the  south- 
west corner  of  said  block,  and  continuing  same  course  along 
the  south  line  of  the  Dallas  Land  and  Loan  Company's  second 
addition,  and  a  continuation  thereof  to  the  east  line  of  Beckley 
Avenue;  thence  south  along  said  line  of  Beckley  Avenue  to 
the  south  line  of  the  W.  H.  Hord  survey;  thence  east  along  the 
south  line  of  said  Hord  survey  to  the  east  line  of  Ewing  Ave- 
nue; thence  south  with  said  line  of  Ewing  Avenue  439  feet; 
thence  east  397  feet  to  the  west  line  of  a  street;  thence  north 
439  feet  to  the  said  south  line  of  said  Hord  survey;  thence 
east  with  said  line  of  said  survey  to  the  southeast  corner  of 
same;  thence  north  with  the  east  line  of  said  Hord's  survey 
to  the  center  of  the  channel  of  Cedar  Creek;  thence  northeast- 
erly down  said  creek  with  the  meanders  of  same  to  corner 
therein  on  the  west  line  of  said  Gaston  road  to  the  southwest 
line  of  the  Hutchins  road:  thence  northwesterly  with  said 
Hutchins   road   and   a   continuation    thereof  to   the   west   line  of 


6     General   Powers  of  City  Art.  II,  Sec.  1,  Sub.  1. 

Miller  Avenue;  thence  north  with  said  line  of  Miller  Avenue 
to  the  north  line  of  (First  Street)  Brazos  Street;  thence  east 
about  30  feet  to  the  west  line  of  W.  S.  Beaty  survey;  thence 
north  with  the  said  line  of  said  Beaty  survey  and  a  continuation 
thereof  to  the  low  water  mark  on  the  east  bank  of  said  Trinity 
River;  thence  southeasterly  down  said  river  with  the  meanders 
of  said  low  water  mark  to  the  place  of  beginning. 

Sec.  j>.  Platting  of  Property.  Should  any  property  lying 
within  the  city  limits  as  established  by  this  act  be  hereafter 
platted  into  blocks  and  lots,  then  and  in  that  event  the  owners 
of  said  property  shall  plat  and  lay  the  same  off  to  conform  to 
the  streets  and  lots  abutting  on  same,  and  shall  file  with  the 
city  engineer  a  correct  map  of  same;  provided,  that  in  no  case 
shall  the  City  of  Dallas  be  required  to  pay  for  any  of  said 
streets  at  whatever  date  opened,  but  when  opened  by  reason  of 
the  platting  of  said  property  at  whatever  date  platted,  they 
shall  become  by  such  act  the  property  of  the  City  of  Dallas  for 
use  as  public  highways,  and  may  be  cared  for  as  such. 

Sec.  4.  Additional  Territory.  Any  territory  adjoining  the 
present  or  future  boundaries  of  said  city  may  from  time  to  time 
in  any  size  or  shape  desired,  be  admitted  and  become  a  part 
thereof  on  application  made  or  written  consent  given  to  the 
city  council  by  the  owner  or  owners  of  the  land,  or,  as  the 
case  may  be,  by  a  majority  of  the  legal  voters  resident  on  the 
land  sought  to  be  added.  In  all  such  cases  the  territory  so 
added  shall  be  described  by  metes  and  bounds,  in  an  ordinance 
accepting,  assenting  and  adding  the  same  to  the  municipal 
corporation;  and  thereafter  the  inhabitants  of  said  added  ter- 
ritory shall  in  all  respects  be  on  an  equal  footing  with  the 
inhabitants  of  the  original  municipal  territory. 

ARTICLE  II. 
Powers   of   the    City.  | 

Section  1.  General  Powers.  1.  The  City  of  Dallas  made  a 
body  politic  and  corporate  by  this  act  shall  have  perpetual  suc- 
cession, may  use  a  common  seal,  may  sue  and  be  sued,  may 
contract  and  be  contracted  with,  implead  and  be  impleaded  in 
all  courts  and  places,  and  in  all  matters  whatever,  may  take, 
hold  and  purchase  lands  as  may  be  needed  for  the  corporate 
purposes  of  said  city,  and  may  sell  any  real  estate  or  personal 
property  owned  by  it;  perform  and  render  all  public  services, 
and,  when  deemed  expedient,  may  condemn  property  for  public 
use,    within   or   without    the    city;    and   may   hold,    manage    and 


Art.  II,  Sec.   2.  Sub.   1. 


Revenue     7 


control  the  same:  such  condemnation  proceedings  to  be  gov- 
erned and  controlled  by  the  law  now  in  force  in  reference  to 
the  condemnation  of  the  right  of  way  of  railroad  companies 
and  the  assessment  of  damages  therefor,  and  shall  be  subject 
to  all  the  duties  and  obligations  now  pertaining  to  or  incumbent 
upon  said  city,  as  a  corporation,  not  in  conflict  with  the  pro- 
visions of  this  act,  and  shall  enjoy  all  the  rights,  immunities, 
powers,  privileges  and  franchises  now  possessed  and  enjoyed  by 
said  city  and  herein  granted  and  conferred. 

2.  The  City  of  Dallas  shall  have  power  to  enact  and  to  enforce 
ordinances  necessary  to  protect  health,  life  and  property  and 
to  prevent  and  summarily  abate  and  remove  nuisances,  and  to 
preserve  and  enforce  the  good  government,  order  and"  security 
of  the  city  and  its  inhabitants;  to  protect  the  lives,  health  and 
property  of  the  inhabitants  of  said  city,  and  to  enact  and  enforce 
any  and  all  ordinances  upon  any  'subject;  provided,  that  no 
ordinance  shall  be  enacted  inconsistent  either  with  the  laws 
of  the  State  of  Texas,  or  inconsistent  with  the  provisions  of 
this  act;  and  provided  further,  that  the  specification  of  particu- 
lar powers  herein  authorized  shall  never  be  construed  as  a 
limitation  upon  the  general  powers  herein  granted,  it  being 
intended  by  this  act  to  grant  and  bestow  upon  the  inhabitants 
of  the  City  of  Dallas  full  power  of  self-government,  and  it  shall 
have  and  exercise  all  powers  of  municipal  government  not  pro- 
hibited by  this  charter,  or  by  some  general  law  of  the  State 
of  Texas,  or  by  the  provisions  of  the  Constitution  of  the  State 
of  Texas. 

3.  All  real  estate  owned  in  fee  simple  title,  or  held  by 
lease,  suffrance,  easement  or  otherwise;  all  public  buildings, 
market  houses,  school  buildings,  school  houses,  fire  engine  sta- 
tions, public  squares,  parks,  street,  alley  and  all  property  of 
whatever  kind,  character  and  description  which  has  been  grant- 
ed, donated,  purchased,  or  otherwise  acquired  by  the  City  of 
Dallas  through  any  means  or  agency,  and  all  causes  of  action, 
choses  in  action,  rights  or  privileges  of  every  kind  and  charec- 
ter,  and  all  property  of  whatsoever  character  or  description 
which  may  have  been  held,  and  is  now  held,  controlled  or  used 
by  said  City  of  Dallas  for  public  uses  or  in  trust  for  the 
public  shall  vest  in,  and  remain  in  and  inure  to,  the  said  cor- 
poration, the  City  of  Dallas,  under  this  act;  and  all  suits  and 
pending  actions  to  which  the  City  of  Dallas  heretofore  was, 
or  now  is  a  party,  plaintiff  or  defendant,  shall  in  no  wise  be 
affected  or  terminated  by  the  provisions  of  this  act,  but  shall 
continue  unabated. 

Sec.    2.    Revenue.      1.   The   City    of   Dallas    shall   have    power. 


8     Revenue  Art.    II,    Sec.   2,   Sub.    2 

and  is  hereby  authorized  annually  to  levy  and  collect  taxes 
not  exceeding  one  and  one-half  per  centum  of  the  assessed 
value  of  all  real  and  personal  property  in  the  city  not  exempt 
from  taxation  by  the  Constitution  and  laws  of  the  State.  Pro- 
vided, that  the  city  shall  have  the  power  to  levy  and  collect 
rtn  additional  tax  of  one  per  cent,  or  any  fraction  thereof,  on 
the  assessed  value  of  all  taxable  property,  real  and  personal, 
In  said  city,  not  exempt  as  aforesaid,  if  a  majority  of  those 
authorized  to  vote  on  the  assumption  of  debt  by  Section  3, 
Article  VI,  of  the  State  Constitution,  shall  have  first  voted  in 
favor  of  such  levy  at  an  election  duly  ordered  for  such  purpose, 
the  whole  number  of  votes  to  be  determined  by  the  number 
voting  upon  such  subject  at  such  election. 

2.  In  accordance  with  Section  10,  Article  XI,  of  the  State 
Constitution,  the  City  of  Dallas  may  levy  a  special  tax  for  one 
or  more  years  for  the  purchase  of  ground,  erection  of  buildings, 
and  the  support  and  maintenance  of  a  seminary,  academy,  or 
high  school,  in  connection  with  the  public  schools  of  the  city, 
and  may  also  levy  a  special  tax  in  accordance  with  the  State 
law,  for  the  purpose  of  erecting  additional  public  school  houses 
or  repairing  those  already  built,  or  for  the  purchase  of  grounds 
therefoi.  The  funds  so  raised  shall  be  appropriated  exclusively 
for  the  purpose  named,  and  shall  not  be  diverted  therefrom. 
The  aggregate  tax  levied  for  either  or  all  of  said  purposes  in 
any  one  year,  shall  never  exceed  one-fourth  of  one  per  cent, 
ad  valorem,  on  the  taxable  value  of  all  property  in  city.  No 
such  tax  shall  be  levied  until  the  question  shall  have  been  sub- 
mitted to  a  vote  of  the  taxpayers,  at  an  election,  by  those 
entitled  to  vote  thereon  under  the  Constitution  of  the  State. 
Such  election  shall  be  ordered  by  resolution  of  the  Board  of 
Commissioners,   as   in   other  elections. 

3.  The  City  of  Dallas  shall  have  power  to  levy  and  annually 
collect  taxes,  known  as  occupation  taxes  (except  in  cases  where 
the  laws  of  the  State  now  in  force  prohibit  the  levy  of  occupa- 
tion taxes  by  cities  and  counties),  upon  professions,  callings 
and  other  business  carried  on,  and  upon  carriages,  hacks,  coach 
es,  buggies,  drays,  carts,  wagons  and  all  other  vehicles  used  in 
the  city  for  public  use.  Bach  and  every  person  or  firm,  except 
where  the  levy  of  such  occupation  tax  is  prohibited  by  the  gen- 
eral laws  of  the  State,  or  upon  which  the  State  levies  no  occu- 
Ijation  tax,  engaged  in  the  following  professions,  callings,  and 
business,  among  others,  shall  be  liable  to  pay  such  tax;  but 
this  enumeration  shall  not  be  considered  as  depriving  the  city 
of  the  right  and  power  to  levy  and  collect  other  occupation  taxes 
under  the  general  authority  herein  granted  from  other  persons 


Art.    II,   Sec.   2.   Sub.   4. 


Revenue 


uiion    whom    an    occupation    tax    is    levied    by    the    general    law 
of  the   State.     Every   person   or  firm   engaged   in   selling  goods, 
wares  and  merchandise,  liquors  in  quantities  less  than  a  quart, 
or  in  keeping  any  grog  shop,  tippling  house,  bar-room,  drinking 
saloon,   or  any   place  where   spirituous,   vinous  or   malt    liquors, 
wine  or   beer,  are   sold   in   quantities   less   than   a   quart ;    every 
person  or  firm  keeping  a  billiard  table,  ball  alley,   nine  or  ten 
pin  alley,  or  any   similar  game,   or   keeping   a   tavern,   hotel  or 
boarding   house,  restaurant,   lunch   stand,   or   place   of  any   kind 
where   refreshments   are   sold;    every   person   or   firm    keeping  a 
livery    stable,    sales    stable,    feed   stable,   or   wagon    yard;    every 
jierson   or  firm   selling  goods,   wares,   or  merchandise   at   public 
auction    or   pursuing   the   occupation  of   real   estate   agent,   mer- 
chandise  or   cotton   broker,   commission   merchant    or   broker  of 
any  kind,  or  hawker  or  peddler  of  any  goods   whatever;    every 
person  or  firm  keeping  a  storage  or  warehouse,  or  intelligence 
office,    or   brewery,    or    beer    shop,    distillery    or   fruit    stand,    or 
engaged    in    compressing    cotton;     every    insurance    agent,    and 
every   insurance   company   shall   pay   said  tax,   and   every  agent 
representing  any  such  comiiany  who  has  failed  to  pay  said  tax, 
shall  be  subject  to  a  fine;    every   telegraph,  telephone,  electric 
light,  gas  or  other  such  company;   every  person  or  firm  keeping 
a  lumber,  wood  or  coal  yard,  or  any  place  for  the  sale  of  such 
articles,  or  building  material  of  any  kind;   and  all  other  persons 
or  firms  engaged  in  any  profession,  occupation,  business,  avoca- 
tion or  calling,  subject  to  occupation  tax  by  law  of  the  State, 
shall  pay  on  each;  and  no  license  tax  shall  extend  to  more  than 
one  establishment  or  include  more  than  one  avocation,  occupa- 
tion,   business    or    calling.      The    power    herein   granted    to    levy 
and   collect   occupation   taxes   shall   not   be   deemed   to   prohibit 
the   imposing   and   collection   of   license    fees   on   any   business, 
calling    or    occupation    upon    which    the    city    is    authorized    to 
impose  a   license  by  any  provision  of  this  charter. 

4.  The  City  of  Dallas  shall  have  power  to  assess  the  prop- 
erty and  shares  of  corporations,  companies,  banks  and  such 
other  institutions  as  the  same  are  now  or  may  be  assessed  by  the 
State  law  in  such  cases  made  and  provided,  wnich  shall  be 
cumulative  of  all  provisions  of  this  act.  and  shall  have  full 
power  to  enforce  the  collection  of  such  taxes  in  such  manner 
as  may  be  provided  for  herein  and  as  by  said  Commission  may 
be  deemed  necessary. 

5.  The  City  of  Dallas  shall  have  the  right  and  power  to 
borrow  money  on  the  credit  of  the  city  for  permanent  public 
improvements,  and  to  issue  bonds  of  the  city  therefor,  to  bear 
interest    not    to    exceed    6    ])er    cent    per    annum,    payable    semi- 


10     Revenue  Art.  II,  Sec.   2,  Sub.   6. 

annually,  at  such  places  as  may  be  designated;  provided,  that 
the  total  indebtedness  of  the  city  of  every  kind  and  character 
whatsoever,  shall  never  exceed  the  sum  of  five  millions  of 
dollars  ($5,000,000)  and  any  issue  of  bonds  which  would,  when 
added  to  the  indebtedness  of  the  city  existing  at  the  time  in- 
crease the  total  indebtedness  of  the  city  beyond  said  amount  of 
$5,000,000,  shall  be  wholly  void  as  to  such  excess. 

Any  proposition  to  issue  new  or  additiona.  bonds,  as  author- 
ized herein,  as  well  as  the  amounts  of  such  issuance  and  the 
purpose  of  the  same,  shall  be  first  submitted  to  a  vote  of  the 
qualified  voters  of  the  city,  who  are  property  taxpayers  in  said 
city,  at  an  election  to  be  held  for  that  purpose.  The  time,  place 
and  manner  of  said  election  and  the  making  of  the  returns  and 
declaring  the  results  thereof  shall  be  prescribed  by  ordinance  as 
nearly  in  accord  with  the  laws  regulating  city  elections  as 
may  be  practicable,  and  unless  a  majority  of  the  qualified  tax- 
payers voting  thereon  in  such  election  are  in  favor  of  the  issu- 
ance of  such  bonds,  the  same  shall  not  be  issued,  provided,  that 
the  purpose  of  the  issuance  of  bonds,  as  submitted  at  such  an 
election,  may  include  more  than  one  object.  After  an  issue  of 
bonds  has  been  ordered,  the  Commission,  however,  shall  have 
power  to  issue  serial  bonds,  or  otherwise,  as  in  their  opinion 
may  seem  best.  All  bonds  shall  specify  on  their  face  for  what 
purpose  they  are  issued,  and  shall  not  be  invalid  if  sold  for 
less  than  their  par  value,  and  when  any  bonds  are  issued  by 
the  city,  a  fund  shall  be  provided  to  pay  the  interest  and  create 
a  sinking  fund  sufficient  to  pay  the  bonds  at  maturity;  and 
said  sinking  fund  shall  be  invested  in  bonds  of  the  State  of 
Texas,  or  in  bonds  issued  by  the  counties  in  the  State  of  Texas, 
or  in  bonds  of  the  United  States,  or  in  bonds  of  the  City  of 
Dallas,  which  are  not  yet  due;  provided,  that  in  the  event  it 
shall  be  deemed  expedient  to  issue  serial  bonds  payable  in 
equal  annual  installments,  it  shall  be  sufficient  to  provide  for 
the  payment  of  interest  thereon  and  the  annual  installments  as 
they  mature. 

6.  Any  officer  of  the  city  who  shall  wilfully  or  knowingly 
divert,  or  use  any  sinking  fund  for  any  other  purpose  except 
that  for  which  the  fund  is  created,  or  is  herein  expressly  author- 
ized, shall  be  deemed  guilty  of  a  felony,  and  subject  to  prose- 
cution, as  provided  under  the  general  laws  of  the  State  for  the 
diversion  and  conversion  of  funds  belonging  to  any  of  the 
municipalities  of  said  State. 

7.  All  bonds  shall  be  signed  by  the  Mayor,  countersigned 
by  the  Auditor,  and  sealed  with  the  seal  of  the  city,  and  shall 


Art.   II,  Sec.  ;;,  Sub.  1.  Police   Powers     11 

be  payable  at   such  times  as  may  be  fixed   not   more   than   forty 
years  from   their  date. 

8.  It  shall  be  the  duty  of  the  Mayor  when  such  bonds  are 
issued,  to  forward  the  same  to  the  Comptroller  of  the  State, 
whose  duty  it  shall  be  to  submit  the  same,  together  with  all 
information  he  may  have  relating  thereto,  to  the  Attorney 
General,  and  if  the  Attorney  General  shall  find  that  such  bonds 
have  been  issued  in  accordance  with  law,  he  shall  endorse  his 
approval  thereon  and  return  the  same  to  the  Comptroller,  who 
shall  register  such  bonds  in  a  book  ke])t  for  that  purpose,  and 
endorse  on  each  bond  so  registered  his  certificate  of  registra- 
tion and  at  the  Mayor's  request  certify  the  amount  of  bonds 
so   registered  in  his  office  up  to  date. 

9.  It  shall  be  the  duty  of  the  Mayor  at  the  time  of  forward- 
ing said  bonds  for  registration,  to  furnish  the  Comptroller  with 
a  statement  of  the  amount  of  all  taxable  property,  real  and 
personal,  in  the  city;  also  with  a  statement  of  the  amount  of 
tax  levied  for  the  jiayment  of  interest  and  to  create  a  sinking 
fund.  It  is  hereby  made  the  duty  of  the  Comptroller  to  see 
that  a  tax  is  levied  and  collected  by  the  city  sufficient  to  pay 
the  interest  semi-annually  on  all  bonds  and  create  a  sinking 
fund  sufficient  to  pay  said  bonds  at  maturity  and  see  that  said 
sinking  fund  is  annually  invested  in  good  interest-bearing  securi- 
ties or  applied  to  the  redemption  of  the  bonds  for  which  it 
was   set   aside. 

Sec.  3.  Police-  Powsrs.  The  City  of  Dallas  shall  have  power, 
by  ordinance  duly  passed: 

1.  To  establish  and  maintain  a  City  Police  Department,  pre- 
scribe the  duties  of  policemen,  and  regulate  their  conduct. 

2  To  permit,  forbid  or  regulate  theaters,  balls,  dance 
houses  and  other  public  amusements,  and  to  suppress  the  same 
whenever  the  preservation  of  order,  tranquility,  public  safety 
or  good  morals  may  demand. 

3.  To  regulate  dram  shops,  drinking  saloons,  and  other 
places  where  intoxicating  liquors  are  sold,  to  cancel  licenses 
therefor  for  cause,  and  to  close  variety  theaters  when  neces- 
sary, expedient  or  advisable. 

4.  To  prohibit  and  punish  keepers  and  inmates  of  bawdy 
houses  and  variety  shows:  to  prevent  and  suppress  assignation 
houses  and  houses  of  ill  fame,  and  to  regulate,  colonize  and 
segregate  the  same,  to  determine  such  inmates  and  keepers  as 
vagrants,  and  provide  for  the  punishment  of  such  persons. 


U'      Police    Powers  Art.   II,    Sec.    3,    Sub.    5. 

.').  To  inspect  weights  and  measures,  fix  standards  of  weights 
and  measures,  and  to  fix  penalties  for  not  using  or  conforming 
to  the  same,  and  to  provide  that  inspection  fees  may  be  fixed 
by    ordinance. 

6.  To  malte  all  needful  and  proper  regulations  concerning 
keepers  of  taverns  and  grog  shops,  and  other  public  houses, 
draymen,  horse  drivers,  water  carriers,  omnibus  drivers,  hack 
drivers  and  drivers  of  baggage  wagons,  and  other  vehicles; 
to  establish  maximum  rates  for  all  kinds  of  transportation  within 
the  city  limits,  to  prevent  extortion,  and  to  preserve  order  and 
prevent  noise  and  confusion  in  and  about  the  several  depots 
on  the  arrival  and  departure  of  railway  trains,  and  to  provide 
how  and  where  hacks  or  other  carriers  shall  stand  or  take 
their  position  upon  the  streets  adjacent  to  or  near  to  said 
depots,  and  where  they  shall  stand  when  not  receiving  or  dis- 
charging passengers. 

7.  To  suppress  gambling  houses,  and  to  punish  keepers  of 
gambling  houses  and  pool  sellers,  and  all  persons  who  play 
cards  or  games  of  chance  of  any  kind,  and  to  punish  persons 
who  sell  lottery  tickets  or  who  advertise  lottery  drawings  or 
schemes  and  results  of  drawing  lotteries. 

8.  To  provide  for  the  regulation  of  bakers  and  to  prescribe 
the  weight,  quality  and  price  for  bread  manufactured  or  sold  in 
the  City  of  Dallas,  according  to  the  price  of  the  material  or 
otherwise,  and  to  provide  for  the  inspection  of  milch  cows, 
whether  kept  within  the  city,  or  without  the  city  limits,  from 
which  milk  is  sold  within  the  city,  and  to  provide  for  the 
inspection  of  the  milk  offered  for  sale,  and  to  prescribe  the 
fees  to  be  charged  therefor. 

9.  To  establish  and  regulate  public  grounds,  and  to  regulate 
and  restrain  and  prohibit  the  running  at  large  of  horses,  mules, 
cattle,  sheep,  swine,  goats,  geese  and  pigeons,  and  to  authorize 
the  distraining,  impounding  and  the  sale  of  same  for  the  cost 
of  the  proceedings  and  the  penalty  incurred,  and  to  order  their 
destruction  when  they  can  not  be  sold,  and  to  impose  penalties 
upon  the  owners  thereof  for  the  violation  of  any  ordinances 
regulating   or   prohibiting   the   same. 

10.  To  tax,  regulate,  restrain  and  prohibit  the  running  at 
large  of  dogs,  and  to  authorize  their  destruction  when  at  large 
contrary  to  ordinances,  and  to  impose  penalties  ujion  the  owners 
or  keepers  thereof. 

n.  To  prohibit  and  restrain  or  regulate  the  rolling  of  hoops, 
the  flying  of  kites  and  firing  of  firecrackers,   the  use  of  veloci- 


Art.   ir,   Sec.  3,  Sub.  12.  Police    Powers     i;{ 

pedes  and  bicycles,  and  the  use  of  any  pyrotechnic  or  any  other 
amusement  or  practices  tending  to  annoy  persons  passing  upon 
the  streets  or  sidewalks,   or  to  frighten   horses   and   teams. 

12.  To  restrain  and  prohibit  the  ringing  of  bells  or  blowing 
of  horns,  bugles  and  whistles,  crying  of  goods,  and  all  other 
noises,  practices  and  performances  tending  to  the  collection 
of  persons  in  the  streets  or  sidewalks  by  auctioneers  and  others 
for  the  purpose  of  business,  amusement  or  otherwise. 

13.  To  prohibit  mendicants,  beggars  or  persons  of  infirm 
or  maimed  bodies,  or  suffering  with  diseases  of  any  kind,  from 
soliciting  alms,  help  or  assistance  upon  the  streets  or  side- 
walks of  said  city,  and  to  prescribe  a  penalty  by  fine  for  a 
non-observance  thereof. 

14.  To  prohibit  and  regulate  the  ringing  of  bells  and  blow- 
ing of  whistles  of  railroad  engines  or  locomotives  within  the 
city  limits,  and  to  regulate   the  speed  thereof. 

15.  To  regulate  and  control  the  driving  of  cattle,  horses  and 
all  other  animals  into  or  through  the  city. 

16.  To  prevent  all  trespasses  and  breaches  of  the  peace 
and  good  order,  assault  and  batteries,  fighting,  quarreling,  using 
abusive  language,  profane  and  insulting  language,  misdemeanors 
and  all  disorderly  conduct  and  to  punish  all  persons  thus  of- 
fending. 

17.  To  prevent  and  punish  the  keepers  of  houses  in  which 
loud  or  immoral  theatrical  representations  are  given,  and  to 
adopt  summary  measures  for  the  removal  or  suppression  of  all 
such  establishments. 

18.  To  require,  on  due  notice,  all  steam  or  street  railway 
companies  owning  tracks  within  the  city  limits,  upon  tlje  public 
streets  or  highways  of  said  city,  which  may  have  been  or  may 
hereafter  be  abandoned  by  said  companies  by  non-use,  to  remove 
such  tracks  and  to  restore  at  their  own  expense  the  street  or 
way  upon  which  such  abandoned  track  is  located  to  its  former 
condition. 

19.  To  prohibit,  prevent  and  suppress  horse  racing,  immoder 
ate  riding  and  driving  in  the  streets  of  said  city. 

20.  To  prohibit  cruel  treatment  of  animals  and  to  i)unish 
the  abusers  of  animals. 

21.  To  compel  persons  to  fasten  their  horses  or  other  ani- 
mals attached  to  vehicles,  or  otherwise  hitched,  or  standing  in 
the  streets. 


14     General   Police   Powers  Art.  II,  Sec.  '],  Sub.  22. 

22.  To  restrain  and  punish  vagrants,  mendicants,  beggars 
and  prostitutes. 

23.  To  regulate  and  control  the  sale,  gift,  barter  or  e.xchange 
of  cocaine,  opium,  morphine  and  the  salts  thereof. 

24.  To  license,  tax  and  regulate  regular  merchants,  commis- 
sion merchants,  hotel  and  inn  keepers,  drinking  houses  or  sa- 
loons, bar-rooms,  beer  saloons  and  all  places  or  establishments 
where  intoxicating  or  fermented  liquors  are  sold;  brokers,  money 
brokers,  real  estate  agents,  insurance  agents,  insurance  brokers, 
auctioneers,  and  all  other  trades,  professions,  occupations  and 
callings  of  every  kind.  To  license  and  regulate  any  itinerant 
oi'  transient  vendor  of  clothing  or  wearing  apparel  or  article 
of  bedding  or  merchandise  of  any  description  whatever,  ticket 
brokers  or  scalpers  or  dealers  In  railway  tickets,  dealers  in 
bankrupt  or  fire  stocks,  or  damaged  stocks  of  any  kind,  second 
hand  dealers,  pawn  brokers,  junk  shops  and  dealers  in  junks, 
and  all  other  business  or  occupations  whatever,  which  in  the 
opinion  of  the  Board  of  Commissioners  shall  be  the  proper 
subject  of  police  regulations.  To  require  the  jjerson  or  persons 
or  corporation  pursuing  any  business  or  occupation  mentioned 
in  this  section  to  give  all  bonds  in  such  amounts  and  under 
such  conditions  as  the  Board  of  Commissioners  may  prescribe; 
to  require  the  keeping  of  books  showing  tne  transactions  of 
any  such  business  or  occupations  and  requiring  the  persons 
conducting  such  business  or  occupation  to  submit  said  books 
and  their  stocks  to  the  inspection  of  the  police  at  such  times  as 
may  be  prescribed  by  ordinance.  No  license  shall  issue  for 
a  longer  period  than  one  year,  and  such  license  shall  not  be 
assignable,  except  by  permission  of  the  Board  of  Commission- 
ers. 

25.  To  license,  tax,  regulate,  prevent  or  suppress  paupers, 
peddlers,  pawnbrokers  and  keepers  of  theatrical  or  other  exhi- 
bitions, shows  and  amusements.  To  license,  tax  and  regulate 
or  prohibit  theaters,  circuses,  moving  picture  shows  and  exhibi- 
tions of  common  showmen,  and  of  shows  of  any  kind,  and  the 
exhibition  of  natural  or  artificial  curiosities,  menageries  and 
musical  exhibitions  and  performances,  and  to  regulate  and 
license  or  prohibit  street  parades,  pool  tables,  striking  machines, 
lung  testers,  doll  racks,  cane  racks,  and  exhibitions,  devices 
and  things  for  which  a  fee  is  charged. 

26.  To  prevent  all  boxing  matches,  sparring  exhibitions, 
cock-fighting  and  dog-fighting  and  punish  all  persons  thus  of- 
fending. 

27.  To    regulate,    control    and    prohibit    the    carrying    of   fire- 


Art.   II,   Sec.   3.   Sub.   28.  General    Police    Powers     1.5 

arms  and  other  weapons  within  the  city  limits,  and  to  provide 
and  inflict  the  same  punishment  therefor  as  is  now  or  hereafter 
may  be  provided  by  State  law  against  persons  unlawfully  carry- 
ing weapons. 

28.  To  provide  workhouses  for  vagabonds  and  disorderly 
persons  who  are  unable  or  refuse  to  pay  fines,  or  who  have 
been  sentenced  to  fine  and  imprisonment  or  to  compel  them  to 
work  on  the  streets,  alleys  and  public  works,  and  make  all 
necessary  regulations  concerning  the  same,  and  to  provide,  keep 
and  regulate  a  city  prison. 

29.  To  define  what  shall  be  nuisances  in  the  city,  and  within 
three  thousand  feet  of  the  corporation  lines  outside  of  the  city 
limits  and  to  abate  such  nuisances  by  summary  proceedings, 
and  to  punish  the  authors  thereof  by  penalties,  fines  and  im- 
prisonment. 

30.  To  restrain,  regulate  and  prohibit  the  selling  or  giving 
away  indirectly,  to  evade  a  tax  or  penalty,  of  intoxicating  or 
malt  liquors,  or  anything  by  any  person  within  the  city,  except 
by  persons  duly  licensed,  to  forbid  and  punish  the  selling,  bar- 
tering or  giving  away  of  any  intoxicating  or  malt  liquors  to 
any  minor,  student,  apprentice  or  habitual  drunkard. 

31.  To  prevent  the  sale,  bartering  and  giving  away  of  any 
intoxicating  liquors  in  any  house  or  place  where  any  theatrical 
or  dramatic  presentations  are  given,  and  prevent  the  same 
from  being  brought  in  or  to  such  places  under  any  pretext  what- 
ever. All  rooms,  buildings  or  apartments  of  any  kind  inside  of- 
the  room  where  such  representations  are  given,  or  being  a  part 
of  it,  or  adjoining  or  connecting  therewith  by  any  door  or  doors, 
dumb  waiter  or  opening  of  any  kind  shall  be  held  to  be  within 
the  places  inhibited  by  this  section. 

32.  To  regulate  parapet  walks,  to  prevent  dangerous  con- 
struction and  condition  of  chimneys,  fire  places,  hearths,  stoves, 
stove  pipes,  boilers  and  other  heating  apparatus,  and  cause 
the  same  to  be  removed  and  made  safe. 

33.  To  regulate  the  use  of  automobiles,  motor  cars,  motor- 
cycles or  any  motor  vehicles,  and  the  speed  thereof;  to  pre- 
scribe the  proper  lighting  of  same  when  used  at  night;  to  issue 
permits  for  the  use  of  such  vehicles  and  to  require  the  number- 
ing of  said  vehicles. 

3%.  To  control  and  regulate  the  location  and  use  of  all  kinds 
of  steam  engines  and  steam  boilers  in  the  city,  and  prescribe 
the  qualifications  of  persons  operating  and  running  same,  and  to 


16     Fires  Art.  II,  Sec.  4,  Sub.  1. 

adoi)t    such    rules    and    regulations    in    relation    thereto    as    may 
seem  best  for  the  public  safety  and  comfort. 

35.  To  inspect  the  construction  of  all  buildings  in  the  city, 
and  to  prescribe  and  enforce  proper  regulations  in  regard  there- 
to; to  regulate  and  locate  or  prohibit  the  erection  of  all  poles 
in  the  city,  and  cause  the  same  to  be  changed,  whether  tele- 
graph, telephone,   electric  light  or  otherwise. 

36.  The  city  shall  have  power  to  establish,  maintain  and 
regulate  a  city  prison,  or  city  prisons,  workhouses,  and  other 
means  of  punishment  for  vagrants,  city  convicts  and  disorderly 
persons,  houses  of  correction  and  reformatories  for  youthful 
criminals. 

37.  The  city  shall  have  power  to  enforce  the  by-laws  and 
ordinances  for  the  city  by  a  fine  not  to  exceed  two  hundred 
($200.00)  dollars;  provided,  that  no  ordinance  or  by-law^  shall 
provide  a  lesser  penalty  than  is  prescribed  for  a  like  offense 
by  the  laws  of  the  State. 

The  City  of  Dallas  may  provide  by  ordinance,  for  the  com- 
mutation of  fines  imposed,  by  labor  in  a  workhouse,  or  on  a 
rock  pile,  or  upon  the  public  streets  and  public  highways  of  the 
City  of  Dallas,  and  for  the  collection  of  any  fine  imposed  execu- 
tion may  be  enforced  as  other  execution  issued  in  civil  cases. 

38.  Whenever  the  forfeiture  of  a  franchise,  right  or  privilege 
granted  to  any  person,  firm  or  corporation  to  be  exercised  as  a 
public  utility  is  provided  for  in  this  act,  the  power  to  enforce 
such  forfeiture  shall  not  be  construed  to  be  in  the  Board  of 
Commissioners,  but  such  forfeiture  shall  be  finally  enforced  only 
through  the  decree  of  a  court  of  competent  jurisdiction. 

Sec.  4.     Fires.     The  City  of  Dallas  shall  have  power: 

1.  To  provide  means  for  the  protection  against  and  the  ex- 
tinguishment of  fires,  and  shall  provide  for  the  regulation,  main- 
tenance and  support  of  a  Fire  Department,  and  for  the  purpose 
of  guarding  against  the  calamity  of  fire,  may  prescribe  fire 
limits,  and  may  regulate  or  prohibit  the  erection,  building,  plac- 
ing or  repairing  of  wooden  buildings  within  such  limits  in  said 
city  as  may  be  designated  and  prescribed  as  fire  limits,  ana 
may  also  within  said  limits  prohibit  the  moving  or  putting  up 
of  any  wooden  buildings  from  without  said  limits,  and  may  also 
prohibit  the  removal  of  any  wooden  buildings  from  one  place 
to  another  within  said  limits,  and  may  direct  and  prescribe 
that  all  buildings  within  the  limits  so  designated  in  the  ordinance 
as  fire  limits,  shall  be  made  or  constructed  of  fire-proof  material, 


Art.  II.  Sec.  4,  Sub.  2.  Fires     17 

the  kind,  character,  extent  and  quality  of  which  buildings  and 
material  may,  by  ordinance,  be  prescribed  and  fixed,  and  may 
prohibit  the  repairing  of  wooden  buildings  in  fire  limits  when 
the  same  shall  have  beefi  damaged  to  extent  of  33  1-3  per  cent 
of  the  value  thereof,  and  may  prescribe  the  manner  of  finding 
such  damages,  and  may  declare  all  dilapidated  buildings  to  be 
a  nuisance,  and  direct  the  same  to  be  repaired,  removed  or 
abated  in  such  manner  as  the  Board  of  Commissioners  may 
prescribe,  and  may  declare  all  wooden  buildings  in  the  fire 
limits  which  they  deem  dangerous  to  contiguous  buildings,  or 
which  may  cause  or  promote  fires,  to  be  nuisances,  and  may 
require  and  cause  the  same  to  be  removed  in  such  manner  as 
may  be  prescribed,  at  the  expense  of  the  owner,  and  may  further 
prescribe  limits  within  which  only  a  fire-proof  roofing  may  be 
used,  and  may  impose  a  penalty  for  violation  of  such  rules  and 
regulations. 

The  city  shall  have  the  right,  by  ordinance,  to  regulate,  pre- 
scribe and  govern  the  storage  of  lumber,  sash,  doors,  blinds 
and  any  and  all  kinds  of  goods,  wares  and  merchandise  of  every 
kind,  and  prescribe  limits  within  which  such  material  may  be 
carried,  and  fix  penalties  for  violation  of  the  rules  and  ordi- 
nances governing  the  sanie. 

2.  To  regulte  or  prevent  the  carrying  on  of  manufactories 
and  other  works  dangerous  in  causing  fires,  and  to  regulate 
the  location  of  cotton  presses,  sheds  and  other  buildings  danger- 
ous on  account  of  fires. 

3.  To  prevent  the  deposit  of  ashes  in  unsafe  places  and 
cause  the  removal  from  one's  premises  of  all  trash,  old  papers, 
straw,  goods-boxes,  barrels  and  anything  else  dangerous  on  ac- 
count of  fire,  and  of  all  filth,  slops  and  animal  or  vegetable  mat- 
ter and  everything  else  offensive  and  dangerous  to  health 
and  comfort,  and  to  cause  all  buildings  and  enclosures  in  a 
dangerous  state  to  be  put  in  a  safe  condition. 

4.  To  regulate  the  size,  number  and  manner  of  construction 
of  doors  and  stairways  of  theaters,  tenement  houses,  hotels, 
boarding  houses,  apartment  houses,  audience  rooms,  public  halls 
and  buildings  used  for  the  gathering  of  a  large  number  of 
people,  whether  now  built  or  hereafter  to  be  built,  so  that  there 
may  be   convenient,   safe   and   speedy   exit   in   case  of  fires. 

5.  To  require  the  construction  of  suitable  fire  escapes  on 
or  in  hotels,  lodging  houses,  factories  and  other  buildings, 
whether  now  built  or  hereafter  to  be  built. 

6.  To  regulate,  prevent  and  i)rohibit  the  use  of  fire-works. 

7.  To   compel   the  owners   or  occupants   of  houses   or  other 


18     Health  Art.    II,    Sec.    5,    Sub.    2. 

buildings  to  have   scuttles   in   their  roofs   and   stairs   or  ladders 
leading  to  the  same. 

8.  To  authorize  one  or  more  officers,  agents  or  employes 
of  the  city  to  enter  in  and  upon  all  buildings  and  premises, 
to  examine  and  discover  whether  the  same  are  dangerous  on 
account  of  fire,  or  in  any  unclean  state,  and  cause  all  defects 
to  be  remedied,  and  filth  and  trash  to  be  removed,  and  generally 
the  Board  of  Commissioners  shall  have  the  power  to  establish 
such  regulations  for  the  prevention  and  extinguishment  of  fires 
as  it  may  deem  expedient. 

Sec.  5.  Health. — The  City  of  Dallas  shall  have  power: 
1.  To  regulate  burial  grounds,  crematories  and  cemeteries, 
and  to  prohibit  burial  within  the  city  limits  if  deemed  advisable 
or  if  necessary  to  protect  the  public  health,  and  to  condemn 
and  close  burial  grounds  and  cemeteries  in  the  thickly  settled 
portions  of  the  city,  and  when  demanded  by  the  public  interest 
or  public  health,  to  remove  or  cause  to  be  removed  bodies 
interred  in  such  condemned  and  closed  cemeteries  and  burial 
grounds,  and  shall  cause  them  to  be  re-interred  in  a  suitable 
place  to  be  provided  by  the  city,  at  its  expense,  and  whenever 
advisable  the  city  may  condemn  the  land  proposed  to  be  used 
for  the  re-interring  of  bodies  in  the  same  manner  as  in  condem- 
nation suits  of  railway  companies,  and  use  such  condemned 
ground  formerly  used  for  cemeteries,  for  such  purposes  as  may 
best  subserve  the  interests  of  the  city. 

The  City  of  Dallas  shall  have  power  to  acquire  land  and 
grounds  inside  or  outside  the  city  limits  by  purchase,  gift,  or 
otherwise,  to  be  devoted  to  and  used  for  the  purpose  of  a  public 
and  private  cemetery,  and  to  pass  such  suitable  regulations  con- 
cerning the  burial  of  the  dead  in  such  cemetery,  and  make  such 
charges  for  the  burial  of  the  dead  therein  as  may  be  deemed 
proper  by  the  Board  of  Commissioners,  and  said  city  shall  also 
have  the  power  to  appropriate  private  property  lying  within 
or  without  the  city  limits  to  be  used  and  devoted  to  cemetery 
purposes,  as  herein  stated  by  condemnation  proceedings  brought 
for  such  purpose,  auid  in  all  such  cases  the  proceedings  had 
to  condemn  such  land  shall  be  governed  and  controlled  by  the 
State  law  in  reference  to  the  condemnation  of  land  by  railroad 
companies  as  far  as  the  same  may  be  a])plicable  thereto. 

2.  To  regulate  the  burying  of  the  dead,  the  registration  of 
births  and  deaths,  direct  the  keeping  and  returning  of  bills 
of  mortality,  and  impose  penalties  on  physicians,  undertakers, 
sextons  and  others  for  any  default  in  the  i)remises. 

The  City  of  Dallas  shall  also  have  the  power,  by  ordinance, 


Art.  II,  Sec.  o,  Sub.  4.  Health     19 

to  authorize  the  destroying  of  clothing,  bedding,  furniture  and 
buildings  infected  with  the  germs  of  any  infectious  or  dangerous 
diseases,  when  the  public  health  requires  the  destruction  of  the 
same,  and  may  also  in  the  same  manner  authorize  the  destruc- 
tion or  removal  of  buildings  or  other  objects  after  the  game 
shall  have  been  declared  a  nuisance  and  to  be  dangerous  to 
the  health  or  lives  of  the  citizens  of  said  city. 

■1.  To  make  regulations  to  prevent  the  introduction  of  con- 
tagious diseases  into  the  city,  to  make  quarantine  laws  for  that 
purpose,  and  to  enforce  them  with  the  city  and  within  ten 
miles  thereof. 

5.  The  City  of  Dallas  is  hereby  given  full  power  and  author- 
ity to  take  such  steps  to  improve  and  preserve  the  purity  of 
the  water  in  Trinity  River,  above  the  city  of  Dallas,  as  it  may 
think  necessary;  provided,  that  the  power  of  this  section  shall 
not  be  construed  to  give  said  corporation  any  jurisdiction  or 
control  over  said  river  beyond  the  corporate  limits  of  said 
city,  except  for  the  purpose  of  protecting  or  improving  the 
water  shed,  i.  e.,  the  water  supply  of  both  Trinity  river  and  the 
smaller  streams  or  tributaries;  provided,  further,  that  the  said 
corporation  shall  have  the  right  to  condemn  land,  buildings  and 
out-houses  or  closets  when  it  may  deem  the  same  necessary 
for  the  protection  and  preservation  of  the  purity  of  the  water 
in  said  river,  and  shall  have  powers  to  control  the  same. 

The  City  of  Dallas  shall  also  have  power  to  require  any 
persons  or  corporations  owning  or  operating  manufacturing  en- 
terprises within  or  without  the  city,  which  shall  discharge  re- 
fuse matter  into  Trinity  river  or  its  tributaries,  to  make  other 
provisions  for  such  refuse  matter,  or  so  purify  the  same  as 
that  the  public  health  will  be  fully  protected. 

6.  To  require  the  owners  of  private  drains,  sinks,  privies, 
to  fill  up,  cleanse,  drain,  alter,  repair,  fix  and  improve  the 
same,  as  they  may  be  ordered  by  resolution  or  ordinance,  and 
impose  penalties  upon  persons  failing  to  do  the  same.  If  there 
be  no  person  in  the  city  upon  whom  such  order  can  be  served, 
the  city  can  have  such  work  done,  and  costs  of  the  same  shall 
be  a  lien  on  the  property  and  taxed  up  against  it,  and  collected 
in  such  manner  as  the  Board  of  Commissioners  may  determine. 

7.  To  prevent  any  person  from  bringing,  depositing  or  hav- 
ing within  the  city  limits,  the  carcasses  of  any  dead  animal, 
or  other  unwholesome  substance,  or  matter,  or  filth  of  any  kind, 
and  to  require  prompt  removal  of  the  same,  and  impose  all 
necessary  penalties  for  the  enforcement  of  such  powers. 

8.  To  provide  for  the  inspection  of  dairies  inside  and  out- 


20     Health  Art.  II,  Sec.  .5,  Sub.  9. 

side  the  city  limits,  doing  business  within  the  city,  and  to 
charge  and  provide  license  fees  for  inspection;  to  establish  and 
maintain  a  standard  of  sanitary  conditions  governing  dairies 
inside  and  outside  the  city,  doing  business  within  the  city; 
to  establish  and  maintain  a  standard  of  the  quality  of  all  dairy 
products  sold  in  the  city,  and  to  provide  for  penalties  for  the 
violation  thereof. 

9.  To  regulate,  license  or  prohibit  butchers  and  prevent  their 
slaughtering  animals  in  the  city  limits,  and  revoking  their  license 
for  malconduct  in  trade,  and  to  regulate,  license  and  restrain 
the  sale  of  fresh  meat,  fruits  and  vegetables,  and  the  slaughter 
of  animals,  and  to  license  and  regulate  or  prohibit  slaughter 
houses  within  the  city  limits. 

10.  To  compel  the  owner  or  occupant  of  any  grocery,  soap, 
tallow  or  chandler  establishment  or  blacksmith  shop,  tannery, 
stable,  slaughter  house,  distillery,  brewery  or  otlier  building, 
or  sewer,  privy,  hide  house,  or  other  unwholesome  of  nauseous 
place  or  house  to  cleanse,  remove,  fill  up,  repair  or  abate  the 
same,  as  may  be  necessary  for  the  health,  comfort  and  con- 
venience of  the  inhabitants. 

11.  To  regulate  the  inspection  and  slaughter  of  animals  and 
the  sale  of  fresh  meats  within  the  city,  and  the  inspection  and 
the  sale  of  beef,  pork,  flour,  fish,  salt  and  other  provisions; 
whisky  and  other  liquors,  and  all  other  articles  of  food  or  drink 
whatsoever,  to  be  consumed  within  the  city,  and  to  appoint 
inspectors,  weighers  and  gangers,  and  prescribe  their  duties 
and  powers,  and  to  regulate  their  fees,  and  to  provide  for  the 
inspection  and  weighing  of  hay  and  coal,  ice,  and  the  measure- 
ment of  firewood  and  other  fuel  to  be  sold  in  the  city. 

12.  To  regulate,  restrain,  locate,  abate,  or  prohibit  slaughter 
houses,  gas  reservoirs  and  tanks,  glue  factories,  bone  boilers, 
hide  houses  or  establishments  for  burning  hides,  soap  factories, 
places  for  rendering  lard,  tallow,  offal,  and  other  substances  that 
can  be  rendered,  and  all  other  establishments  where  any  nau- 
seating, dangerous,  offensive  or  unwholesome  business  may  be 
carried  on. 

13.  The  City  of  Dallas  shall  have  the  right  and  power,  by 
ordinance,  to  provide  that  the  tenant  or  owner  of  any  property 
shall  pay  to  the  city  reasonable  charges  for  the  removal  of 
night  soil  or  other  refuse  matter  from  the  closets  of  the  prem- 
ises thereof,  and  to  prohibit  anyone  except  someone  in  the 
employ  of  the  city,  or  by  the  city  authorized  to  do  so,  from 
removing  or  carrying  away  the  contents  of  any  privy,  vault  or 
•water  closets,  or  any  receptacle  of  human  excrement,  and  the 


Art.   II,  Sec.   7,   Sub.   1.  Municipal    Service     21 

city  shall  have  the  right  to  have  inspected  the  premises  of  all 
persons,  at  any  time,  in  the  interest  of  the  public  health,  and 
for  the  purpose  of  making  said  inspection,  the  officers  or  agents 
of  the  city,  duly  authorized  to  do  so,  shall  have  a  right  to 
enter  upon  the  premises  of  any  person  at  any  hour  during  the 
daytime  to  make  said  inspection.  Whenever  notice  is  given 
by  any  officer  or  employe  of  the  city  inspecting  any  premises 
that  said  premises  need  cleaning,  the  said  night  soil  or  other 
refuse  matter  shall  be  removed  and  the  owner  or  tenant  of 
said  premises  shall  pay  the  city  the  price  prescribed  therefor, 
and  failure  to  do  so  shall  subject  said  persons  to  the  penalties 
to  be  prescribed  by  ordinance,  and  said  persons  shall  be  fined, 
upon  conviction  in  the  Corporation  Court,  in  any  sum  not  less 
than  one  dollar  nor  more  than  two  hundred  dollars. 

Sec.  7.  Municipal  Service.  The  City  of  Dallas  shall  have 
power : 

1.  To  buy  or  construct,  own,  maintain  and  operate  a  sys- 
tem or  systems  of  waterworks,  gas  or  electric  lighting  plants, 
telephones,  street  cars  and  sewers,  or  any  other  public  service 
or  enterprise,  that  may  be  approved  by  a  majority  of  the  quali- 
fied voters  of  the  City  of  Dallas,  voting  therefor  at  any  regular 
election  for  city  officers  in  accordance  with  the  provisions  of 
this  act;  and  may  demand  and  receive  compensation  for  such 
service  furnished  for  private  purposes,  and  shall  have  power 
to  condemn  the  property  of  any  person,  firm  or  corporation  for 
the  purpose  of  operating  and  maintaining  any  such  utility, 
and  for  distributing  such  service  throughout  the  city  or  any 
portion  thereof,  but  in  such  condemnation  proceedings  no  al- 
lowance shall  be  made  for  the  value  of  any  franchise  and  only 
the  actual  physical  assets  shall  be  purchased  by  the  City  of 
Dallas. 

2.  To  acquire  or  own  within  or  without  the  city  limits,  either 
by  purchase,  donation,  bequest  or  otherwise,  all  property  it  may 
need  for  any  municipal  purpose,  whatever;  and  all  necessary- 
rights  of  ways  thereto,  and  shall  also  have  the  power  to  sell  and 
dispose  of  the  same,  except  as  otherwise  provided  in  this 
act. 

3.  To  provide  all  needful  buildings  for  the  use  of  the  city; 
to  provide  for  enclosing,  improving,  ornamenting  and  regulating 
all  public  grounds  belonging  to  the  city;  to  provide  hospitals 
and  regulate  and  maintain  the  same,  and  to  permit  or  prohibit 
private  hospitals;  to  establish  an  active  system  of  inspection 
over  premises  and  conduct  of  persons;  to  establish  a  reformatory 
or  industrial  or  truant  school  for  refractory  or  unprotected  boys 


22      Municipal  Service  Art.  II,  Sec.  7,  Sub.  4. 

and  girls  under  such  rules  and  regulations  as  the  Board  of 
Commissioners  may  prescribe,  and  to  provide  for  the  issuance 
of  bonds  therefor  in  any  sum  not  to  exceed  $25,000  after  sub- 
mission of  such  matter  to  a  vote  of  the  taxpayers  of  said  city. 

4.  To  lay  out,  establish,  open,  alter,  widen,  lower,  raise, 
extend,  grade,  narrow,  care  for,  pave,  supervise,  maintain  and 
improve  streets,  alleys,  sidewalks,  squares,  parks,  public  places 
and  bridges,  and  to  vacate  and  close  the  same;  to  sprinkle  and 
care  for  the  streets,  and  to  regulate  the  use  thereof;  and  to 
require  the  removal  from  the  streets  and  sidewalks  of  all 
obstructions,  telegraph,  telephone,  street  railway  or  other  poles 
carrying  electric  wires,  signs,  fruits  stands,  show  cases,  and  en- 
croachments of  every  character  upon  said  streets  and  sidewalks; 
and  to  vacate  and  close  private  ways. 

The  cost  of  constructing  sidewalks  and  keeping  the  same  in 
repair,  together  with  the  cost  of  collection,  shall  be  defrayed 
entirely  by  the  property  owners  in  such  manner  as  the  Board 
of  Commissioners  may  provide,  and  shall  be  a  perpetual  lien 
on  the  property  until  paid. 

5.  To  prevent  any  street  or  sidewalk  from  being  dug  up 
or  excavations  to  be  made  therein,  unless  the  same  be  done 
with  the  permission  of  the  Board  of  Commissioners,  and  under 
the  direction  of  the  City  Engineer,  or  other  officer  designated 
by  the  Board  of  Commissioners;  and  to  prescribe  and  exact  fees 
for  such  privileges,  and  deposits  as  guarantees  of  proper  restor- 
ation of  such  street  or  sidewalks. 

6.  To  regulate,  establish  and  change  the  grade  of  all  side- 
walks, streets  and  premises,  and  to  require  and  compel  the 
filling  up  and  raising  the  same. 

7.  To  permit,  prevent  and  regulate  the  laying  of  gas,  water 
and  sewer  mains  and  pipes  in  the  city  of  Dallas;  provided, 
however,  that  any  water  or  sewer  mains  or  pipes  that  may  be 
laid  in  any  public  street  or  alley  shall  thereupon  immediately 
become  the  property  of  the  city  of  Dallas.  To  compel  any 
person  using  the  streets,  alleys  or  sidewalks  for  the  purpose 
of  laying  gas  or  water  mains  and  pipes,  sewer  pipes,  or  for 
building  or  other  purposes,  to  repair,  clean  up,  and  restore 
said  streets,  sidewalks  and  alleys  so  used. 

8.  To  provide  for,  establish  and  maintain  a  free  public  li-- 
brary  within  the  city,  and  to  co-operate  with  any  person,  firm, 
or  corporation  under  such  terms  as  the  Board  of  Commissioners 
may  prescribe  for  the  establishment  of  such  free  public  library, 
and   to  that  end  they    shall    appropriate    annually    out    of   the 


Art.    II,    Sec.    8,   Sub.    1.  Franchises     23 

general  revenue  of  the  city  as  a  fund  for  the  support  and  main- 
tenance of  the  Dallas  Public  Library  a  sum  equal  to  fifteen  one- 
hundredths  of  one  mill  (.00015)  of  the  assessed  taxable  values 
of  the  city  for  the  current  year. 

9.  To  establish,  buy,  erect,  maintain,  own,  lease  and  regulate 
wharves  and  docks,  charge  wharfage  and  dockage,  to  condemn 
private  property  for  such  uses  and  purposes  and  to  fix  places 
for  the  anchorage  of  water  craft  thereon. 

10.  To  buy,  establish,  lease,  maintain,  regulate  and  operate 
markets  and  market  places,  and  abatoirs,  and  to  build,  own 
and  maintain  buildings  therefor,  and  to  rent  and  lease  the 
same. 

11.  To  establish  and  maintain  sanitary  closets  for  the  serv- 
ice of  the  public,  and  to  obtain  by  purchase  or  condemnation 
property  for  such  closets. 

Sec.  8.  Franchises.  1.  The  ownership,  right  of  control  and 
use  of  the  streets,  highways,  alleys,  parks,  public  places  and 
all  other  real  property  of  the  city  of  Dallas  is  hereby  declared 
to  be  inalienable  to  said  city,  except  by  ordinance  passed  by 
vote  of  the  majority  of  the  Board  of  Commisisoners,  as  here- 
inafter provided;  and  no  franchise  or  easement  involving  the 
right  to  use  the  same,  either  along,  across,  over  or  under  the 
same,  shall  ever  be  valid,  unless  expressly  granted  and  exer- 
cised in  compliance  with  the  terms  hereof,  and  of  the  ordinance 
granting  the  same.  No  act  or  omission  of  the  city,  its  Board 
of  Commissioners,  officers  or  agents  shall  be  construed  to  confer 
or  extend  by  estoppel  or  indirection,  any  right,  franchise  or  ease- 
ment, not  expressly  granted  by  ordinance;  provided,  that  alien- 
ation of  school  property  shall  be  as  herein  elsewhere  author- 
ized. 

2.  The  city  of  Dallas  shall  have  the  power,  subject  to  the 
terms  and  provisions  hereof,  by  ordinance  to  confer  upon  any 
person  or  corporation  the  franchise  or  right  to  use  the  property 
of  the  city,  as  defined  in  the  preceding  section,  for  the  purpose 
of  furnishing  to  the  public  any  general  public  service,  including 
heat,  light,  power,  telephone  service,  refrigeration,  steam,  or  the 
carriage  of  passengers  or  freight  within  the  said  city  and  its 
suburbs,  over  the  streets,  highways  and  property  of  said  city, 
or  for  any  other  purpose  whereby  a  general  service  is  to  be 
furnished  to  the  public  for  compensation  or  hire,  to  be  paid  to 
the  franchise  holder,  whereby  a  right  to,  in  part,  appropriate 
the  streets,  highways  or  other  property  of  the  city,  is  necessary 
or  proper,  provided,  that  no  franchise  shall  be  granted  by  said 


24     Franchis8s  Art.   II,   Sec.   8,   Sub.   3. 

city  to  any  person,  firm  or  corporation  to  own,  control  or  operate 
waterworks  therein. 

o.  No  exclusive  franchise  or  privilege  shall  ever  be  granted, 
nor  a  franchise,  nor  a  privilege  to  commence,  at  any  time  after 
six  months  subsequent  to  the  passage  of  the  ordinance  granting 
the  same,  and  no  franchise  shall  be  directly  or  indirectly  ex- 
tended beyond  the  term  originally  fixed  by  the  ordinance  grant- 
ing the  same,  nor  shall  any  franchise  be  granted  to  any  person 
or  persons  or  corporation  authorizing  such  person  or  corpora- 
tion, their  associates,  assigns,  or  successors,  to  acquire  the 
physical  property,  rights  or  franchise  of  another  person  or  cor- 
poration to  whom  or  which  a  franchise  has  already  been  granted 
by  the  city  whereby  the  rights  and  properties  held  and  used 
under  such  franchise  are  assigned  to  another  person,  firm  or 
corporation  which  holds  a  franchise  extending  beyond  the  time 
of  the  expiration  of  the  franchise  of  the  person,  firm  or  corpor- 
ation selling  such  physical  properties,  rights  or  franchises. 

4.  'The  city  of  Dallas  shall  have  the  power,  by  ordinance, 
to  grant  any  franchise  or  right  mentioned  in  the  preceding 
sections  hereof,  which  ordinance  shall  not  be  passed  finally 
until  its  third  reading,  which  readings  shall  be  at  three  separate 
regular  meetings  of  the  Board  of  Commissioners,  the  last  of 
which  shall  take  place  not  less  than  thirty  days  from  the  first. 
No  ordinance  granting  a  franchise  shall  pass  any  reading  ex- 
cept by  vote  of  the  majority  of  the  Board  of  Commissioners,  and 
such  ordinance  shall  not  take  effect  until  sixty  days  after  its 
adoption  and  its  third  and  final  reading;  provided,  that  if  at 
any  time  before  such  ordinance  shall  finally  take  effect  a  peti- 
tion or  petitions  shall  be  presented  to  the  Board  of  Commission- 
ers signed  by  five  hundred  of  the  bona  fide  qualified  voters  of 
the  city,  then  the  Board  of  Commissioners  shall  submit  the 
question  of  the  granting  of  said  franchise  to  a  vote  of  the 
qualified  voters  of  the  city  of  Dallas  at  the  next  succeeding 
annual  election  to  be  held  in  said  city,  provided  that  notice 
thereof  shall  be  published  at  lease  twenty  days  successively  in 
a  daily  newspaper  published  in  said  city,  prior  to  the  holding 
of  said  election.  Ballots  shall  be  used  briefly  describing  the 
franchise  to  be  voted  on  and  the  terms  thereof  and  containing 
the  words,  "For  the  granting  of  a  franchise,"  and  "Against  the 
granting  of  a  franchise."  The  vote  shall  be  canvassed  by  the 
Board  of  Commissioners  and  should  it  result  in  a  majority  of 
those  voting  thereon,  casting  their  votes  "For  the  granting  of 
a  franchise,"  then  by  order  entered  in  their  minutes  the  Board 
of  Commissioners  shall  so  declare,  and  said  franchise  shall  at 
once  take  effect.     But  should  a  majority  of  such  votes  be  cast 


Art.   II,   Sec.   S,   Sub.   5.  Franchises     25 

"Against  granting  a  franchise,"  as  ascertained  by  the  Board  of 
Commissioners,  then  said  board  by  order  entered  in  their  min- 
utes, shall  so  declare;  and  such  franchise  shall  not  take  effect. 
In  case  a  franchise  is  refused  by  the  Board  of  Commissioners, 
then  the  matter  may  be  submitted  to  the  qualified  voters  on 
petition,  as  heretofore  provided,  and  a  failure  to  finally  pass 
on  an  application  within  six  months  after  the  filing  of  such  ap- 
plication shall  be  construed  as  a  refusal. 

5.  No  franchise  shall  ever  be  granted  for  a  longer  term  tlian 
twenty  years,  nor  shall  any  right,  franchise  or  privilege  now  in 
existence  be  extended  beyond  the  period  now  fixed  for  its 
termination,  directly  or  indirectly,  or  through  any  means  what- 
soever, and  any  ordinance  or  transaction  in  violation  or  evasion 
•of  this  prohibition  shall  be  absolutely  void.  No  subsidiary  fran- 
chise or  franchises  of  any  character  appertaining  or  relating  to 
any  other  franchise  which  shall  extend  beyond  the  life  of  such 
main  franchise  shall  ever  be  granted  to  any  franchise  holder, 
or  to  any  person,  firm  or  corporation  acting  for  him  directly 
or  indirectly,  and  any  such  grant  in  violation  of  this  prohibition 
shall  be  absolutely  void.  No  franchise,  privilege  or  easement 
granted  by  the  City  of  Dallas  shall  ever  be  used  or  operated 
so  as  to  extend  or  enlarge  any  other  franchise  or  privilege 
granted  by  said  city,  and  any  violation  of  this  prohibition  shall 
operate  as  forfeiture  of  each  and  all  of  such  franchises,  privi- 
leges and  easements. 

6.  All  persons  or  corporations  to  whom  franchises  may 
hereafter  be  granted  or  their  assigns  and  successors,  shall  as 
compensation  for  the  right  or  privilege  enjoyed,  pay  to  the  city 
a  sum  not  less  than  4  per  cent  of  the  gross  receipts  of  the 
business  pursued  by  the  holder  of  the  franchise;  provided  that 
in  the  event  any  street  railway  company  in  said  City  of  Dallas, 
Dallas  County,  Texas,  shall  hereafter  build  new  lines  of  street 
railway,  or  extend  its  line  of  railway  therein,  this  subdivision 
shall  not  be  construed  to  require  the  payment  of  any  such  gross 
receipts  tax  upon  receipts  arising  from  the  operation  of  that 
part  of  its  mileage  and  lines  which  were  constructed  and  in 
operation  before  the  passage  of  this  act  at  the  regular  session 
of  the  Thirtieth  Legislature  of  the  State  of  Texas.  Provided, 
further,  that  whenever  any  such  new  franchise  shall  be  granted 
to  any  street  railway  corporation  using  or  holding  any  other 
street  railway  franchise  at. the  time,  the  Board  of  Commission- 
ers shall  prescribe  rules  and  regulations  for  determining  the 
amount  of  receipts  arising  from  the  use  of  such  new  franchise, 
and  provided  that  any  such  new  franchise  shall  never  be  granted 
for  a   period   which   will   extend  beyond   the  life  of  any   street 


26     Franchises  Art.   II,   Sec.   S,   Sub.   7. 

railway  franchise  lield  or  used  by  any  street  railway  company 
applying  for  and  receiving  such  new  or  additional  franchise. 
The  amount  of  said  bonus  or  compensation  shall  be .  fixed  by 
ordinance  granting  the  franchise  and  shall  be  payable  on  the 
second  day  ox  January  in  each  year,  for  the  preceding  year. 
Said  bonus  or  compensation  shall  be  exclusive  of  and  in  addi- 
tion to  all  lawful  ad  valorem  taxes  upon  the  value  of  the 
franchise  or  other  property  of  the  holder  thereof,  and  lawful 
occupation  taxes  imposed  upon  the  occupation  or  calling  of 
the  holder  of  such  franchise.  The  Board  of  Commissioners 
may,  however,  in  their  discretion  in  the  ordinance  granting 
any  franchise,  provide  that  no  bonus  shall  be  paid  for  the  first 
three  years  thereof.  In  order  to  ascertain  the  true  amount  of 
such  gross  receipts  and  to  determine  the  amount  of  such  bonus 
or  compensation,  and  for  any  other  purpose  relating  to  the 
business  or  affairs  of  the  city,  the  Board  of  Commissioners 
shall  have  the  power  to  examine  or  cause  to  be  examined  the 
books,  papers  and  records  of  franchise  holders;  to  take  testi- 
mony and  compel  the  attendance  of  witnesses  and  the  pro- 
duction of  books,  papers  or  records,  and  to  examine  witnesses 
under  oath,  and  under  such  rules  and  regulations  as  said  board 
may  adopt,  and  should  any  franchise  holder  refuse  inspection  of 
his  books  or  the  produciion  of  the  same  when  lawfully  required 
to  do  so  by  said  board,  or  should  any  officer,  agent  or  employe  of 
said  franchise  holder  refuse  to  give  testimony  before  said  board, 
then  said  board  shall  have  power,  by  ordinance,  to  declare  the 
franchise  or  privilege  enjoyed  by  such  corporation,  or  person  so 
in  default,  annulled  and  terminated.     (Amendment  of  1909.) 

7.  The  right  is  hereby  delegated  to  the  city  of  Dallas,  acting 
through  its  Board  of  Commissioners,  to  determine,  fix  and 
regulate  the  charges,  fares  or  rates  of  any  person,  firm  or 
corporation  enjoying  or  that  may  enjoy  a  franchise  or  exercising 
any  other  public  privilege  in  said  city  and  to  prescribe  the  kind 
of  service  to  be  furnished  by  such  person,  firm  or  corporation, 
and  the  manner  in  which  it  shall  be  rendered,  and  from  time 
to  time  to  alter  or  change  such  rules,  regulations  and  compensa- 
tion. The  board  shall  make  rules  and  regulations  granting  a 
fair  hearing  to  persons  or  corporations  to  be  affected  by  said 
regulations,  and  no  change  in  regulations  shall  be  adopted  ex- 
cept after  notice  to  the  persons  affected  and  after  a  fair  hearing 
shall  be  granted  them;  provided,  that  in  adopting  such  regula- 
tions and  in  fixing  or  changing  such  compensation,  or  determin- 
ing the  reasonableness  thereof,  no  stocks  or  bonds  authorized 
or  issued  by  any  corporation  enjoying  a  franchise  shall  be  con- 
sidered unless  upon  proof  that  the  same  have  been  actually 
issued  by  the  corporation  for  money  paid  and  used  for  the  de- 


Art.  II,  Sec.  8,  Sub.  8.  Franchises     27 

velopment  of  the  corporate  property,  labor  done  or  property 
actually  received  in  accordance  with  the  laws  and  Constitution 
of  the  State  applicable  thereto;  and  in  order  to  ascertain  all 
facts  necessary  for  a  proper  understanding  of  what  is  or  should 
be  a  reasonable  rate  or  regulation,  the  Board  of  Commissioners 
shall  have  full  power  to  inspect  books  and  compel  attendance  of 
witnesses  as  provided  in  sub-section  6  hereof  and  may  prescribe 
all  penalties  named  in  sub-section  6  for  a  failure  or  refusal  to 
attend  and  testify  or  produce  books. 

8.  Every  public  service  corporation  shall  furnish  and  provide 
equal  and  uniform  service  alike  to  all  citizens  of  the  city  of 
Dallas,  and  it  shall  be  unlawful  and  a  sufficient  ground  for  the 
forfeiture  of  any  franchise  for  any  such  corporation  to  grant 
free  service,  or  furnish  better  service  or  to  furnish  service  at  a 
lower  price  or  rate,  quantity  considered,  to  any  person  or  per- 
sons, or  otherwise  discriminate  in  the  matter  of  rates  or  ser- 
vice between  citizens  of  Dallas.  Upon  proof  being  received  by 
the  Commissioners  that  this  section  is  being  violated,  they  shall 
at  once  summon  witnesses  and  investigate,  and  if  they  so  find 
then  it  shall  be  their  duty  to  immediately  cause  suit  to  be  in- 
stituted to  have  such  franchise  forfeited;  provided,  however,  the 
Board  of  Commissioners  shall  have  power  by  ordinance  to  grant 
any  such  corporation  the  right  to  grant  reduced  rates  to  per- 
sons specified  in  such  ordinance,  and  provided,  that  the  Board 
of  Commissioners  may.  by  ordinance,  authorize  any  street  rail- 
way or  interurban  railway  to  transport  free  any  member  of  the 
police  or  fire  department  of  said  city  within  the  corporate  limits 
thereof,  and  to  authorize  the  giving  of  such  free  transportation 
in  other  cases,  when  the  same  shall  not  be  in  confiict  with  the 
general  law  of  the  State,  which  shall  control  and  govern  this 
subdivision. 

9.  Xo  franchise  shall  hereafter  be  granted  except  upon  con- 
dition that  the  city  shall  have  the  right  at  any  time  after 
eighteen  years  from  the  granting  thereof  to  purchase  the  phys- 
ical properties  of  the  franchise  holder  and  to  terminate  its  fran- 
chise, and  all  privileges  enjoyed  by  it  thereunder;  provided,  the 
majority  of  the  qualified  tax  paying  voters  of  the  city  voting 
thereon  shall  vote  to  do  so,  and  provided,  that  upon  the  petition 
of  five  hundred  qualified  property  tax  paying  voters  to  the  Com- 
missioners, the  matter  of  the  acquisition  of  such  property  shall 
be  submitted  to  an  election  to  be  determined  by  a  vote  of  the 
majority  of  the  qualified  tax  paying  voters,  voting  thereon; 
which  election  shall  be  held  at  the  next  succeeding  election  in 
said  city,  after  at  least  twenty  days  notice  thereof  shall  have 
been  published  daily  for  twenty  days  in  a  newspaper  published 
in  said  city,  and  provided,  that  the  owner  of  such  physical  prop- 


28     Franchises  Art.  II,  Sec.  8,  Sub.  10. 

erty  shall  be  compensated  for  the  value  thereof,  considering 
solely  the  physical  assets,  such  value  to  be  determined  by  the 
report  of  the  majority  of  three  arbitrators,  one  to  be  selected  by- 
the  city,  one  by  tne  owner  of  the  physical  property  to  be  valued, 
and  the  third  by  the  arbitrators  so  selected.  But  if  the  owner 
of  such  physical  property  shall  refuse  for  thirty  days  to  select 
an  arbitrator,  then  the  value  of  such  property  shall  be  fixed  by 
vote  of  a  majority  of  the  Board  of  Commissioners. 

"Provided,  that  said  purchase,  when  so  made  by  the  city,  shall 
not  take  effect  until  the  expiration  of  twenty  years  from  the  time 
of  the  granting  of  such  franchise.' 

10.  Ordinances  granting  franchises  shall  be  subject  to  the 
terms  hereof,  and  shall  contain  such  terms  and  conditions  as  the 
Board  of  Commissioners  shall  see  fit  to  impose.  All  franchises 
shall  be  exercised  in  accordance  with  the  terms  of  the  ordinance 
granting  the  same  and  of  this  charter.  If  such  franchises  shall 
not  be  exercised  in  substantial  accordance  with  the  terms  here- 
of, and  of  the  ordinance  granting  the  same,  then  after  notice  to 
and  reasonable  hearing  of  the  holders  thereof,  such  franchises 
may  be  cancelled  or  annulled  and  the  Board  of  Commissioners 
shall,  by  ordinance,  adopt  reasonable  rules  and  regulations  for 
such  notice  and  hearing. 

11.  It  shall  be  the  duty  of  the  Board  of  Commissioners,  as 
soon  as  practicable  after  taking  office,  to  have  true  copies  of  all 
franchises,  permits,  ordinances,  orders,  resolutions,  or  any  other 
proceedings  by  which  any  rights,  privileges  or  franchise  are 
granted  to  any  company,  corporation  or  individual  owning,  or 
operating  any  gas,  oil,  street  railway,  steam  railway,  interurban, 
electric  light  and  power,  telephone  or  any  other  public  utility, 
which  said  franchise,  etc.,  shall  be  codified,  indexed  and  print- 
ed and  offered  for  sale  at  cost  price;  and  all  future  franchises 
shall  likewise  be  printed  and  offered  for  sale  at  cost  price. 

12.  Any  franchise  or  right  which  may  hereafter  be  granted  to 
any  person  or  corporation  to  operate  a  street  railway  within 
the  city  or  its  suburbs  shall  be  subject  to  the  condition  that  the 
Board  of  Commissioners  shall  have  the  right  to  grant  to  any 
other  person  or  corporation  desiring  to  build  or  operate  a  street 
railway  or  interurban  railway  within  or  into  the  city  of  Dallas, 
the  right  to  operate  its  cars  over  the  tracks  of  said  street  rail- 
way in  so  far  as  may  be  necessary  to  enter  said  city  and  to 
reach  the  section  taereof  used  for  business  purposes;  provided 
that  the  person  or  corporation  desiring  to  operate  its  cars  over 
the  lines  of  said  street  railway  shall  first  agree  in  writing  with 
the  owner  thereof  to  pay  it  reasonable  compensation  for  the  use 
of  its  tracks  and  facilities.     And  if  the  jierson  or  corporation  de- 


Art.   IT,  Sec.  8,  Sub.  13.  Franchises     29 

siring  to  use  the  same  cannot  agree  with  said  owner  of  said 
street  railway  as  to  said  compensation  within  sixty  days  from 
offering  in  writing  to  do  so,  and  as  to  terms  and  conditions  of 
the  use  of  said  track  and  facilities,  then  the  Board  of  Commis- 
sioners shall  by  resolution,  after  a  fair  hearing  to  the  parties 
concerned,  fix  the  terms  and  conditions  of  such  use  and  compen- 
sation to  be  paid  therefor,  which  award  of  the  board,  when  so 
made,  shall  be  binding  on  and  observed  by  the  parties  con- 
cerned. 

13.  Interurban  railways  are  defined  to  be,  in  the  meaning  of 
this  charter,  railways  operating  their  cars  by  electricity  for  the 
carriagv.-  of  freight  and  passengers  for  hire,  not  wholly  within 
the  city  and  its  suburbs,  but  whose  lines  extend  from  the  city  of 
Dallas  and  its  suburbs  to  other  towns,  cities  or  villages. 

14.  The  Board  of  Commissioners  shall  have  power,  subject 
to  the  terms  and  conditions  contained  in  this  charter,  to  grant 
to  any  person  or  corporation,  desiring  to  extend  an  interurban 
railway  into  the  city,  the  right  to  lay  tracks  and  operate  cars 
over  the  streets  or  other  property  of  the  city  and  over  the  tracks 
of  other  street  railways  for  a  term  of  not  exceeding  twenty 
years. 

15.  The  right  mentioned  in  the  preceding  section  shall  be 
granted  by  ordinance  only,  which  ordinance  shall  not  be  finally 
passed  until  after  three  separate  readings,  the  last  of  which 
shall  take  place  not  less  than  thirty  days  from  the  first.  The 
granting  or  refusing  of  the  right  or  franchise  herein  mentioned 
shall  be  subject  to  the  terms  and  provisions  of  this  charter  con- 
cerning the  submission  of  general  franchises  to  a  vote  of  the 
qualified  voters  of  the  city,  which  shall  in  all  things  govern  and 
apply  thereto. 

16.  The  ordinance  granting  such  right  or  franchise,  shall  con- 
tain such  conditions  as  may  seem  proper  to  the  Board  of  Com- 
missioners, and  shall  provide  for  such  reasonable  compensation 
to  the  city  as  may  seem  just  to  the  board  for  the  use  of  the 
franchise  or  right  granted,  which  compensation  shall  be  payable 
annually.  And  the  ordinance  granting  such  right  or  franchise 
shall  provide  that  failure  to  pay  said  compensation  at  the  time 
specified  therein  shall  forfeit  and  terminate  said  franchise.  Said 
compensation  shall  be  deemed  to  be  a  bonus  payable  to  the  city 
for  the  use  and  the  right  granted  and  shall  be  exclusive  of  and 
in  addition  to  all  ad  valorem  or  occupation  taxes,  payable  by  the 
owner  of  said  franchise. 

i7.  The  terms  of  this  charter  concerning  the  granting  of 
franchises    to    persons  or    corporations    for   the   purpose  of  ren- 


30     Franchises  Art.  II,  Sec.  8,  Sub.  18. 

dering  any  public  service  wholly  within  the  city  and  its  suburbs 
shall  not  apply  to  interurban  railways,  except  as  specified  in  the 
four  preceding  sections  and  in  the  various  sections  providing  for 
the   referendum. 

18.  The  Board  of  Commissioners  shall  have  power  to  author- 
ize steam  railways  operating  their  lines  from  the  city  of  Dallas 
to  other  towns  and  cities  beyond  its  limits  to  lay  their  tracKs 
and  establish  their  switches  on  and  over  the  streets  and  other 
property  of  the  city  of  Dallas  or  such  parts  thereof  as  the  board 
may  see  fit,  subject  to  the  terms  of  this  charter  and  to  such 
conditions  as  may  be  imposed  by  the  Board  of  Commissioners. 

19.  The  right  mentioned  in  the  preceding  section  shall  be 
granted  only  by  ordinance,  which  shall  provide  for  the  payment 
of  a  reasonable  annual  compensation,  to  be  paid  to  the  city, 
which  in  no  case  shall  be  less  than  ten  dollars  ($10.00)  per  an- 
num, and  shall  not  be  construed  to  be  a  tax,  but  shall  be  in  ad- 
dition to  and  exclusive  of  all  occupation  or  ad  valorem  taxes 
levied  upon  the  property  or  franchises  of  the  owner  of  said 
rights  and  upon  the  occupation  pursued  by  said  owner. 

20.  The  compensation  mentioned  in  the  preceding  section 
shall  be  payable  annually  in  advance  on  the  second  day  of  Jan- 
uary, and  if  not  then  paid  the  right  granted  shall  forfeit  and 
terminate. 

21.  The  grant  or  refusal  of  an  ordinance  by  the  Board  of 
Commissioners  granting  or  refusing  the  right  mentioned  in  the 
preceding  sections  shall  be  subject  to  the  provisions  of  this  char- 
ter providing  for  the  submission  of  the  granting  or  refusal  of 
general  franchises  to  the  vote  of  the  qualified  voters  of  the  city; 
provided  that  an  ordinance  granting  or  refusing  the  right  to 
lay  a  switch  not  more  than  one  block  in  length  need  not  be 
subject  to  such  vote  unless  said  switch  shall  cross  a  street 
bounding  such  block. 

22.  The  Board  of  Commissioners  shall  have  power,  by  ordi- 
nance or  resolution,  to  grant  to  any  owner  of  property  abutting 
upon  the  streets  or  other  property  of  the  city  the  use  thereof 
or  to  go  over  or  under  the  same  in  any  manner  which  may  be 
necessary  or  proper  to  the  enjoyment  of  said  abutting  property 
by  the  owner;  provided,  that  such  use  be  not  inconsistent  with 
or  does  not  unreasonably  impair  the  public  use  to  which  said 
street  or  other  public   property  may  be  dedicated. 

The  Board  of  Commissioners  shall  fix  the  terms  and  conditions 
of  any  such  grant  and  the  time  for  which  the  same  shall  exist. 
The  right  is  expressly  reserved  to  the  elty,  acting  through  said 
board,  to  terminate  such  grant  when  deemed  inconsistent  with 


Art.  II,  Sec.  S,  Sub.  23.  Franchises     31 

the   public  use  of  the  property  of  the   city,  or  when   the   same 
may   become   a  nuisance. 

23.  For  the  rights  granted  under  the  preceding  section  the 
city  shall  receive  annual  compensation  to  be  fixed  by  the  Board 
of  Commissioners,  not  less  than  five  ($5.00)  dollars  per  annum. 
Such  compensation  shall  be  paid  each  year  in  advance  on  the 
second  day  of  January.  The  failure  to  pay  same  when  due  shall 
operate  as  an  absolute  forfeiture  of  the  right  granted. 

24.  No  street  or  other  railway  shall  be  authorized  by  the 
Board  of  Commissioners  to  lay  tracks  on  or  occupy  the  streets 
or  alleys  of  the  city  until  the  owners  of  a  majority  of  the  front 
feet  of  property  abutting  on  said  street  or  alleys  so  to  be  oc- 
cupied have,  in  writing,  consented  thereto  and  said  consents 
have  been  filed  with  said  board;  provided,  the  entire  distance 
of  such  proposed  line  of  railway  shall  be  considered  in  determin- 
ing whether  the  owners  of  a  majority  of  the  front  feet  of  abut- 
ing  property  have  consented  thereto,  and  the  majority  here  re- 
quired shall  be  a  majority  of  the  front  feet  of  the  entire  dis- 
tance of  such  continuous  line,  whether  occupying  one  or  more 
streets  or  alleys;  and  provided  further,  that  after  the  consent 
of  any  property  owner  shall  be  given  in  writing  as  herein  pro- 
vided for,  he  shall  not  be  entitled  to  withdraw  the  same  within 
twelve  months  after  giving  such  consent,  nor  shall  he  be  entitled 
to  withdraw  it  thereafter  if  within  such  period  the  applicant  for 
the  easement  shall  file  with  the  city  the  consents  of  enough  of 
the  property  owners  interested  to  authorize  the  Board  of  Com- 
missioners to  grant  such  easement. 

25.  No  switch  shall  be  authorized  by  the  Board  of  Com- 
missioners to  be  laid  in  such  streets  or  alleys  until  the  owners  of 
a  majority  of  the  front  feet  of  property  in  front  of  which  sale 
switch  is  to  be  laid  shall  have  filed  with  said  board  their  writ- 
ten consent  thereto. 

26.  The  city  of  Dallas  shall  have  the  power,  by  ordinance 
or  otherwise,  to  ragulate  the  speed  of  engines,  locomotives  and 
street  cars  within  the  limits  of  said  city,  and  to  require  steam, 
interurban  and  electric  railway  companies  to  keep  the  streets 
over  which  they  run  properly  drained  and  to  light  same  wherev- 
er deemed  necessary  and  to  require  steam,  interurban  and  elec- 
tric railway  companies  to  construct  and  keep  in  repair  from 
curb  to  curb,  bridges  and  crossings  over  all  the  ditches  made  or 
crossed  by  them,  and  to  construct  and  maintain  drains  and  cul- 
verts where  crossed  by  any  line  of  said  railways  on  all  streets 
over  which  they  run;  to  direct  and  control  the  laying  and  con- 
struction of  railroad  tracks,  turnouts  and  switches  and  to  regu- 
late the  grade  of  same,  and  to  require  them  to  conform  to  the 


32     Franchises  Art.  II,  Sec.  8,  Sub.  26. 

grade  of  the  streets  of  said  city  as  they  may  hereafter  be  or  are 
now  established,  and  that  said  tracks  and  turnouts  and  switches 
be  so  constructed  and  laid  out  as  to  interfere  as  little  as  possible 
with  the  ordinary  travel  in  the  use  of  the  streets;  to  require 
steam  railways  using  any  portion  of  the  streets  of  the  city  lo 
pay  all  or  any  part  of  the  paving,  grading,  draining  and  repair 
thereof  along  the  streets  so  used  by  such  railway,  and  to  light 
the  same  whenever  and  wherever  deemed  necessary  or  advisa- 
ble; to  require  any  street  or  electric  railway  company  to  pay  the 
cost  of  the  grading,  paving,  repairing  or  repaving,  or  otherwise 
improving  the  street  or  streets  or  intersections  thereof  used  or 
occupied  by  such  railway  company  and  such  cost  shall  be  a  lien 
upon  the  property  and  franchise  of  the  company.  The  portion 
of  the  street  occupied  by  an  electric  or  street  company  shall  be 
deemed  to  be  the  space  between  its  tracks  and  twenty-four 
inches  on  the  outside  of  each  of  its  rails,  and  all  the  space  be- 
tween double  tracks,  turnouts  and  switches. 

Any  railroad  company,  interurban  or  street  railway  company 
proposing,  with  the  permission  of  the  city  of  Dallas,  to  occupy 
any  street  or  streets  already  occupied  by  any  other  such  com- 
pany shall,  besides  paying  for  paving  as  may  be  required  by  the 
city  of  Dallas  or  by  the  provisions  of  this  act,  he  required  also 
to  pay  for  paving  between  the  tracks  of  said  two  roads  within 
twenty-four  inches  of  the  track  of  such  other  road,  and  such 
cost  shall  be  a  lien  upon  the  property  and  franchises  of  the 
company;  and  if  the  Board  of  Commissioners  shall  so  direct, 
said  street  or  electric  railway  company  may  be  required  to  pave 
the  street  or  streets  occupied  by  them  from  curb  to  curb. 

Should  any  railroad  or  street  railway  company  propose  to 
lay  a  track  on  any  street  or  portion  of  a  street  which  shall  have 
been  improved  under  the  provisions  of  this  act,  it  shall  become 
liable  for  the  portion  of  the  cost  of  such  improvement  as  the 
com.mission  may  direct,  or  as  is  fixed  by  this  act. 

No  railroad  or  street  railway  company  shall  be  permitted  to 
occupy  any  street  or  portion  of  a  street,  improved  or  otherwise 
not  previously  occu])ied  by  it,  except  with  the  permission  of  the 
Board  of  Commissioners. 

The  City  of  Dallas  shall  have  power,  by  ordinance,  to  require 
any  street  car  or  electric  railway  car  or  electric  railway  corpora- 
tion, operating  street  cars  in,  into  or  through  the  City  of  Dallas, 
to  issue  to  its  passengers  transfers  from  any  of  its  lines  to  any 
other  lines  within  the  city,  upon  the  payment  by  said  passenger 
of  the  fare  or  rate  prescribed  for  one  continuous  passage, 
whether  such  line  be  owned  by  it  or  any  other  company,  and  in 
addition  to  tne  penalties  to  be  prescribed  by  ordinance  for  the 
failure  to  give  transfers,  shall  have  the  right  by  mandamus  or 


Art.  11.  Sec.  8.  Sub.  26a.  Franchises     ^3 

other  proper  remedy  in  any  court  of  competent  jurisdiction,  to 
enforce  any  ordinance  requiring  the  giving  of  transfers  by  any 
street  railroad  company;  and  in  addition  thereto  the  City  of 
Dallas  may  recover  of  the  street  railway  company  the  sum  of 
twenty-five  dollars  as  penalty  and  liquidated  damages  for  each 
and  every  failure  to  give  a  transfer. 

It  shall  be  unlawful  to  grant,  to  continue,  amend  or  extend  any 
street  railway  franchise  without  binding  any  such  railroad  to 
give  universal  transfers,  under  provisions  now  fixed  or  hereafter 
to  be  fixed  by  general  ordinance. 

26a.  All  persons  or  corporations  now  operating  or  hereafter 
operating  within  the  corporate  limits  of  the  city  of  Dallas,  any 
interurban  electric  railway  line,  either  on  their  own  or  other 
street  railway  tracks,  shall  be  required  to  give  reasonable  local 
passenger  service  thereon  within  the  corporate  limits  of  the 
city  of  Dallas  between  all  points  on  said  interurban  line  or  lines 
for  a  fare  not  exceeding  five  cents,  and  to  that  end  shall  be  re- 
quired to  stop  passenger  cars  so  operated  by  them  at  all  street 
crossings  in  said  city,  to  take  on  and  let  off  local  passengers, 
provided  that  this  shall  not  apply  to  any  portion  of  such  interur- 
ban lines  where  local  service  is  furnished  by  local  cars  to  the 
same  extent  as  is  required  under  the  foregoing  provisions  hereof. 

26b.  Any  person,  persons  or  corporation  operating  an  inter- 
urban electric  railway  line  within  the  corporate  limits  of  the 
City  of  Dallas,  who  shall  violate  any  of  the  provisions  of  the 
foregoing  subdivision  shall  be  liable  to  the  City  of  Dallas,  for  a 
penalty  of  not  less  than  $100.00  nor  more  than  $500.00  for  each 
offense,  and  which  penalties  shall  be  recovered  and  suit  therefor 
shall  be  brought  in  the  name  of  the  City  of  Dallas,  in  any  court 
of  proper  jurisdiction  in  Dallas  County,  by  the  City  Attorney  of 
said  City  of  Dallas,  Texas,  or  under  his  direction. 

27.  The  City  of  Dallas  shall  have  the  power,  by  ordinance,  to 
fix  and  regulate  the  price  of  water,  gas  and  electric  lights,  and 
to  regulate  and  fix  the  fares,  tolls  and  charges  of  local  tele- 
phones and  exchanges;  of  public  carriers  and  hacks,  whether 
transporting  passengers,  freight  or  baggage,  and  generally  to  fix 
and  regulate  the  rates,  tolls  or  charges,  and  the  kind  of  service 
of  all  public  utilities  of  every  kind. 

28.  The  City  of  Dallas  shall  have  power  to  direct  and  control 
the  laying  and  construction  of  railroad  tracks,  turnouts  and 
switches  and  to  require  that  they  shall  be  so  constructed  and 
laid  as  to  interfere  as  little  as  possible  with  the  ordinary  travel 
and  use  of  the  streets,  and  to  require  that  they  be  kept  in  re- 
pair, to  regulate  and  control  the  location  of  cable  and  other 
street  and  railroad  tracks  and  all  steam  railroad  tracks,  and  to 


34     Franchises  Art.  II,  Sec.  8,  Sub.  29. 

require  railway  companies  of  all  kinds  to  construct  at  their  own 
expense  such  bridges,  viaducts,  turnouts,  culverts,  crossings  and 
other  things,  as  the  Board  of  Commissioners  may  deem  neces- 
sary; to  regulate  the  speed  of  all  railroad  trains  and  street  cars 
and  interurban  railways  within  the  city  limits  and  their  stops 
at  street  crossings  and  to  require  railroad  and  street  car  com- 
panies and  interurban  railways  to  keep  the  streets  through 
which  they  run,  in  repair,  and  to  require  all  railroad  companies 
and  street  railway  and  interurban  companies  to  light  the  streets 
over  or  across  which  street  railway,  interurban  or  railroad  cars 
are  operated,  whenever  deemed  necessary  and  to  prescribe  the 
kind  of  light  to  be  used,  and  to  levy  special  taxes  or  assessments 
upon  them  for  street  improvements  the  same  as  against  property 
owners;  to  require  all  railroad  companies,  street  railway  com- 
panies or  interurban  railway  companies  to  maintain  gates  or 
watchmen  at  street  crossings  when  ordered  by  the  Board  of 
Commissioners. 

29.  To  prevent  and  regulate  the  running  of  horse  railway 
cars,  or  cars  propelled  by  dummy  engines  or  other  power,  the 
laying  down  tracks  for  same,  the  transportation  of  passengers 
thereon,  the  form  of  rail  to  be  used,  and  everything  used,  and 
everything  else  concerning  street  railways  and  to  levy  special 
taxes  or  assessments  against  such  roads  for  street  improvement, 
the  same  as  against  the  property  owner. 

30.  The  Board  of  Commissioners  shall  have  the  power  to  re- 
quire any  corporation  holding  a  franchise  from  the  city  to  allow 
the  use  of  its  tracks,  poles  and  wire  by  any  other  corporation 
to  which  the  city  shall  grant  a  franchise,  upon  the  payment  of  a 
reasonable  rental  therefor  to  be  fixed  by  the  Board  of  Commis- 
sioners. 

31.  Corporations  enjoying  franchises  now  or  hereafter  from 
the  City  of  Dallas  shall  not  be  permitted  to  issue  stocks  or 
bonds,  except  for  money  paid,  labor  done,  or  property  actually 
received. 

32.  In  the  event  of  the  issuance  of  such  stock  or  bonds  the 
same  shall  not  be  issued  either  as  to  stock  or  bonds  in  excess  of 
the  money  actually  paid,  or  in  excess  of  the  reasonable  value  of 
the  labor  actually  done,  or  property  actually  received. 

33.  Any  stock  or  bonds  issued  in  contravention  of  the  pro- 
visions of  this  article  shall  be  void. 

34.  Whenever  any  corporation  enjoying  a  franchise  from  the 
City  of  Dallas  shall  desire  to  issue  any  stock  or  bonds,  it  shall 
file  with  the  City  Secretary  a  statement  showing  the  an^ount  of 
said  stock  or  bonds  proposed  to  be  issued. 


Art.   II,    Sec.    S,   Sub.   35.  Franchises     ?,5 

3'5.  Whenever  any  corporation  enjoying  a  franchise  from  the 
City  of  Dallas  may  desire  to  issue  any  stock  or  bonds  subsequent 
to  its  organization,  it  shall  file  with  the  City  Secretary  a  state- 
ment showing  the  amount  of  such  stock  and  the  amount  of  such 
bonds  proposed  to  be  issued,  and  showing  the  purpose  for  which 
the  same  are  to  be  issued. 

36.  Upon  application  made,  and  after  thirty  days  public  notice 
thereof,  the  legislative  authority  of  the  City  of  Dallas,  upon  show- 
ing that  the  necessary  interests  of  the  corporations  require  it, 
and  that  such  interests  are  not  in  conflict  with  the  public  inter- 
ests, may  authorize  a  corporation  enjoying  a  franchise  from  the 
City  of  Dallas  to  issue  stocks  and  bonds  with  the  restrictions 
herein  imposed,  provided,  that  the  same  shall  be  subject  to  the 
provisions  of  subdivisions  32  and  33  of  this  article,  and  provided 
further,  that  such  authority  shall  never  be  given  for  the  issuance 
of  funding  bonds  to  replace  other  bonds  in  excess  of  the  amounts 
to  which  such  bonds  would  be  limited  by  the  provisions  of  said 
subdivisions. 

37.  Every  corporation  holding  a  franchise  or  enjoying  aa 
easement  of  any  sort  through,  under  or  from  the  City  of  Dallas, 
shall  be  required  to  prepare  and  file  annually  with  the  Board  of 
Commissioners,  within  sixty  days  after  the  close  of  the  fiscal 
year  of  such  corporation,  a  true,  full  and  correct  statement,  based 
upon  its  condition  at  the  close  of  such  fiscal  year  and  its  trans- 
actions for  the  current  year  which  shall  exhibit 

(a)  The  amount  of  all  stock  issues  of  such  corporation,  and 
the  divisions  thereof. 

(b)  An  itemized  statement  of  the  indebtedness  of  such  cor- 
poration, its  nature  and  division,  whether  floating  or  bonded,  and 
the  interest  payable  on  each  item  thereof. 

(c)  An  itemized  statement  of  the  income  of  such  corporation 
and  the  amounts  derived  from  each  source  of  income. 

(d)  An  itemized  and  detailed  statement  of  the  expenditures 
of  such  corporation. 

(e)  An  itemized  statement  of  all  property  of  every  kind 
owned  by  said  corporation,  wherever  situate  and  the  location 
and  fair  market  value  of  each  item  thereof. 

(f)  Said  annual  statement  shall  be  verified  by  oath  of  a 
duly  authorized  officer  or  agent  of  such  corporation,  and  shall  be 
spread  upon  the  minutes  of  the  Board  of  Commissioners. 

If  any  person  signing  such  annual  report  shall  wilfully  make  a 
false  representation  therein,  he  shall  he  guilty  of  perjury,  and 
punished  therefor  as  provided  by  law. 


36     The   Board   of  Commissioners  Art.  Ill,  Sec.  1. 

If  any  corporation  required  to  file  such  report  shall  fail  so 
to  do  as  herein  provided,  it  shall  be  the  duty  of  the  City  Attorney, 
after  due  notice  to  such  corporation  of  such  intention,  to  bring 
a  suit  in  the  district  court  to  forfeit  the  franchise  granted  by 
the  city  to  such  corporation,  and  if  it  shall  appear  to  the  court 
that  such  corporation  has  wilfully  failed  to  make  such  report, 
it  shall  render  judgment  in  said  cause  decreeing  a  forfeiture 
of  such  franchise  and  of  all  rights  accruing  thereunder  to  said 
corporation. 

ARTICLE   III. 
The  Board  of  Commissioners. 

1.  All  powers  conferred  on  the  city  shall,  unless  otherwise 
provided  in  this  charter,  be  exercised  by  a  Mayor  and  four  Com- 
missioners, who  together  shall  be  known  and  designated  as  the 
Board  of  Commissioners,  all  of  whom  shall  be  elected  by  the 
qualified  voters  of  the  city  at  large  and  shall  devote  their  entire 
time   to  the  service  of  the  city. 

The  Mayor  shall  be  ex-ofRcio  president  of  said  Board  of  Com- 
missioners, and  shall  have  and  exercise  all  of  the  powers  of  a 
member  thereof. 

2.  On  the  sixth  Tuesday  after  this  act  shall  take  effect,  and 
bienially  thereafter  on  the  first  Tuesday  of  April,  there  shall 
be  elected  at  an  election  to  be  held  in  said  City  of  Dallas,  to 
be  called  as  hereinafter  provided,  a  Mayor  and  four  Commis- 
sioners, who  together  shall  compose  said  Board  of  Commission- 
ers, and  who  shall  serve  for  the  term  of  two  years  and  until  their 
successors  shall  be  elected  and  shall  qualify.  Candidates  for 
Mayor  and  for  places  on  said  Board  of  Commissioners  shall  be 
voted  for  separately,  and  candidates  for  Commissioner  shall  be 
designated  on  the  official  ballot  as  candidate  for  Commissioner 
No.  1,  or  No.  2,  or  No.  3,  or  No.  4  (said  numbers  to  be  printed 
after  the  designating  title  "Commissioner"),  in  accordance  with 
the  written  requests  which  said  candidate  shall  file  with  the  City 
Secretary.  Each  candidate  for  Commissioner  shall  designate  In 
the  announcement  of  his  candidacy,  and  in  his  request  to  have 
his  name  placed  on  the  official  ballot,  the  number  of  the  place 
on  the  Board  of  Commissioners  for  which  he  desires  to  become 
a  candidate,  and  such  request  to  be  placed  on  the  oiRcial  ballot 
shall  be  filed  in  writing  with  the  City  Secretary  at  least  ten  days 
before  such  election  shall  be  held.  The  City  Secretary  shall  pre- 
pare an  official  ballot  in  accordance  with  such  requests  and  with 
the  provisions  hereof,  and  only  such  ballot  shall  be  used  at  said 
city  election.  The  candidate  at  said  election  for  Mayor  or  for  a 
place  on  said  Board  of  Commissioners  who  shall  receive  a  ma- 


Art.  III.  Sec.  3.  The  Board  of  Commissioners     37 

jority  of  all  the  votes  cast  for  the  office  for  which  he  is  a  can- 
didate shall  be  declared  elected  to  such  office.  In  the  event  any 
candidate  for  either  of  said  offices  fail  to  receive  a  majority  of 
all  votes  cast  for  all  the  candidates  for  such  office  at  such  elec- 
tion, the  Mayor  of  said  cit.y  shall,  on  the  first  day  following  the 
completion  of  the  officia.'  count  of  the  ballots  cast  at  said  first 
election,  issue  a  call  for  a  second  election  to  be  held  in  said  city 
on  the  second  Tuesday  following  the  issuance  of  such  call,  at 
which  said  election  the  two  candidates  receiving  the  highest 
number  of  votes  for  any  such  office  to  which  no  one  was  elected 
at  said  first  election  by  receiving'  a  majority  of  all  votes  cast 
thereon,  shall  be  again  voted  for.  The  official  ballot  to  be  used 
at  said  second  election  shall  be  prepared  by  the  City  Secretary 
and  the  name  of  no  person  shall  appear  thereon  unless  he 
was  a  candidate  for  the  office  designated  at  said  first  election, 
and  the  two  persons  receiving  at  said  first  election  the  first  and 
second  highest  number  of  votes  cafet  for  candidates  for  such 
office  shall  be  entitled  to  have  their  names  printed  on  said 
official  ballot,  in  the  order  of  their  standing  in  the  computation 
of  the  votes  cast  at  said  first  election,  as  candidates  at  said  sec- 
ond election  for  such  office;  provided,  that  in  the  event  any  per- 
son who  was  a  candidate  at  said  first  election  and  who  shall  be 
entitled  to  become  a  candidate  at  said  second  election  shall  fail 
to  request  that  his  name  shall  appear  on  the  official  ballot  there- 
for, as  herein  provided,  the  candidate  for  such  office  standing 
next  in  the  computation  of  votes  shall  succeed  to  his  rights  with 
respect  thereto;  provided,  further,  that  two  candidates  for  such 
office  at  said  first  election  shall  be  entitled  to  become  candidates 
therefor  at  said  second  election,  which  two  candidates  shall  be 
those  two  among  such  candidates  as  shall  stand  highest,  respec- 
tively, in  the  computation  of  votes  cast  for  such  of  said  candi- 
dates at  said  first  election  as  shall  file  written  requests  to  be 
placed  on  the  official  ballot  as  candidates  for  such  office  at  said 
second  election.  In  the  event  of  a  tie  in  the  vote  for  the  two 
leading  candidates  for  any  office  at  said  first  election,  said  office 
shall  be  filled  at  a  second  election,  as  herein  provided  for,  at 
which  such  candidates,  so  tied  in  said  first  election,  may  again 
become  candidates.  In  the  event  they,  or  either  of  them,  shall 
fail  so  to  do,  the  two  candidates  for  such  office  who  lead  in  the 
computation  of  votes  therefor  and  who  desire  to  become  candi- 
dates therefor  at  said  second  election,  shall  be  entitled  so  to  do, 
in  the  order  of  their  respective  votes  at  said  first  election. 

In  the  event  of  a  tie  between  the  two  candidates  for  any  office 
at  said  second  election  they  shall  cast  lots  to  determine  who 
shall  be  elected  thereto. 

3.     In  case  a  primary  election  is  held  pursuant  to  the  call  or 


38     The   Board   of  Commissioners  Art.  Ill,  Sec.  4. 

under  the  direction  of  any  political  party,  or  of  any  association 
of  individuals  for  the  nomination  of  candidates  for  the  offices  of 
Mayor  and  Commissioners,  the  candidates  or  persons  voted  for 
in  said  primary  election  shall  be  voted  for  at  large  by  all  of  the 
legally  qualified  voters  in  said  city  and  upon  the  same  plan  and 
under  the  same  system  as  provided  for  in  the  preceding  section, 
it  being  the  purpose  of  this  act  to  nominate  and  elect  at  large 
in  said  city  the  Mayor  and  Commissioners,  without  restricting 
the  nomination  of  candidates  for  either  position  to  any  smaller 
designated  territory  within  the  limits  of  said  city.  A  candidate 
for  any  such  office  who  shall  fail  to  receive  in  any  primary 
election  a  majority  of  all  the  votes  cast  for  all  candidates  for 
such  office  shall  not  be  entitled  to  have  his  name  placed  on  the 
official  ballot  as  a  candidate  for  such  office  at  the  regular  elec- 
tion. Any  primary  election  held  to  select  a  candidate  or  candi- 
dates for  Mayor  and  for  members  of  said  Board  of  Commission- 
ers which  is  not  conducted  under  the  majority  rule  system  pro- 
vided for  in  Section  2  shall  be  illegal  and  void,  and  the  nominees 
thereof  shall  not  be  entitled  to  have  their  names  placed  on  the 
official  ballot  to  be  used  in  the  regular  election. 

Independent  candidates  for  Mayor  or  for  positions  on  said 
Board  of  Commissioners  shall  be  entitled  to  have  their  names 
placed  on  the  official  ballot  to  be  used  in  the  regular  election 
by  filing  with  the  City  Secretary,  not  less  than  ten  days  before 
such  election,  a  written  petition  therefor,  which  shall  be  signed 
by  such  candidate  and  by  at  least  one  hundred  qualified  voters 
of  said  city. 

4.  Any  primary  election  and  all  regular  and  special  elections 
held  in  and  for  said  city  shall  be  governed  in  all  respects  by 
the  general  election  laws  of' the  State,  except  as  herein  specially 
provided. 

5.  Each  member  of  the  Board  of  Commissioners,  shall,  in 
addition  to  the  other  qualifications  prescribed  by  law,  be  at  the 
date  of  his  election  a  qualified  voter  of  the  City  of  Dallas,  and 
shall  not  be  in  arrears  in  the  payment  of  any  taxes  or  other 
liabilities  due  the  city. 

6.  The  Mayor  shall  be  a  member  of  the  Board  of  Commis- 
sioners with  all  the  rights,  powers  and  duties  appertaining 
thereto.  Hes  shall  be  the  chief  executive  officer  of  said  city,  and 
sEall  see  that  all  the  laws  thereof  are  enforced.  It  shall  be 
his  special  duty  to  see  that  the  conditions  of  -all  franchises 
granted  by  the  city  are  faithfully  complied  with,  and  that  all 
contracts  made  with  the  city  are  faithfully  executed.  He  shall 
nominate  all  appointive  officers  of  the  city  except  Auditor,  and 
such  nominations  shall  be  subject  to  confirmation  by  the  Board 


Art.  Ill,  Sec.  7.  The  Board  of  Commissioners     .SO 

of  Commissioners,  by  a  majority  vote  thereof.  The  Mayor  shall 
not  be  entitled  to  vote  as  a  member  of  said  board  upon  the 
question  of  the  confirmation  of  any  nomination  for  office  so 
made  by  him,  but  shall  be  entitled  to  vote  upon  all  other  ques- 
tions that  may  be  submitted  to  or  acted  upon  by  said  board. 
The  officers  to  be  thus  nominated  by  the  Mayor  and  confirmed 
by  the  Board  of  Commissioners  shall  be  all  officers  whose  pow- 
ers, or  duties  or  salaries  are  prescribed  and  defined  by  ordi- 
nance Of  said  city.  The  salary  of  the  Mayor  shall  be  four  thou- 
sand ($4,000)  dollars  per  year,  payable  in  equal  monthly  install- 
ments. 

The  Board  of  Commissioners  shall  at  the  beginning  of  their 
terms  of  office  elect  by  ballot,  by  a  majority  vote  of  all  the 
members  thereof,  one  of  their  number  to  act  as  Mayor  pro  tem, 
and  the  Commissioner  so  chosen  shall  be  invested  with  all  the 
powers,  and  shall  perform  all  the  duties  of  the  Mayor,  during 
his  absence  or  sickness. 

7.  In  case  of  the  death,  resignation  or  permanent  disa- 
bility of  the  Mayor,  or  whenever  a  vacancy  in  the  office  of  the 
Mayor  shall  occur  for  any  reason,  the  .Mayor  pro  tem  shall  act 
as  Mayor,  and  shall  possess  all  the  rights  and  powers  of  the 
Mayor,  and  perform  all  of  the  duties  and  receive  his-  salary  un- 
der the  official  title,  however,  of  "Mayor  pro  tem,"  until  an 
election  is  ordered  by  the  Board  of  Commissioners  to  fill  the 
vacancy  in  the  office  of  the  Mayor.  Said  election,  should  a 
vacancy  occur  in  the  office  of  Mayor,  shall  be  called  by  the 
Board  of  Commissioners  and  held  within  thirty  days  thereafter, 
and  notice  by  publication  given  for  at  least  twenty  days,  as 
may  be  required  by  law;  provided,  that  in  the  event  such  va- 
cancy should  occur  within  ninety  days  of  the  next  regular  elec- 
tion to  be  held  either  for  members  of  the  Board  of  Education 
or  for  members  of  the  Board  of  Commissioners  said  election  for 
Mayor  shall  be  held  at  said  next  regular  election. 

8.  The  Board  of  Commissioners,  at  their  first  meeting  after 
election,  or  as  soon  thereafter  as  may  be  practicable,  shall,  by 
a  majority  vote,  designate  from  among  their  members  one  Com- 
missioner who  shall  be  known  as  "Police  and  Fire  Commis- 
sioner," and  who  shall  have  under  his  special  charge  the  en- 
forcement of  all  police  regulations  of  said  city,  and  general 
supervision  over  the  fire  department  thereof;  one  Commissioner 
to  be  known  as  the  Commissioner  of  "Streets  and  Public 
Property,"  who,  except  as  herein  otherwise  provided,  shall  have 
under  his  special  charge  the  supervision  of  the  streets,  alleys, 
public  grounds  and  other  property  of  said  city,  and  be  charged 
with  the  duty  of  lighting  the   streets   and   keeping  the   streets. 


40     The  Board  of  Commissioners  Art.  HI,  Sec.  9. 

alleys,  public  grounds  and  property  in  a  clean  and  sanitary 
condition  and  with  the  enforcement  of  all  rules  and  regulations 
necessary  to  these  ends,  and  who  shall  also  have  under  his 
special  charge  the  supervision  of  all  public  improvements,  ex- 
cept as  herein  otherwise  provided,  and  shall  see  that  all  con- 
tracts therefor  are  faithfully  complied  with;  and  one  Commis- 
sioner to  be  known  as  the  "Waterworks  and  Sewerage  Commis- 
sioner," who  shall  have  under  his  special  charge  the  construc- 
tion, maintenance  and  operation  of  the  waterworks,  sewer  sys- 
tem and  departments  of  said  city,  and  shall  see  to  the  enforce- 
ment of  all  regulations  with  respect  to  said  department  and 
with  respect  to  all  the  revenues  pertaining  thereto;  and  one 
Commissioner  who  shall  be  known  as  the  "Commissioner  of 
Finance  and  Revenue,"  who  shall  have  under  his  special  charge 
the  enforcement  of  all  laws  for  the  assessment  and  collection 
of  taxes  of  every  kind  and  collection  of  all  revenues  belonging 
to  said  city  from  whatever  source  the  same  may  be  derived, 
and  who  shall  also  examine  into  and  keep  informed  as  to  the 
finances  of  such  city.  It  is  expressly  provided  that  the  number 
by  which  a  Commissioner  was  designated  upon  the  official  bal- 
lot shall  bear  no  relation  to  and  shall  in  no  manner  be  consid- 
ered in  the  determination  of  the  particular  position  or  office 
to  be  assigned  to  any  Commissioner.  Said  Commissioners  shall 
perform  all  of  the  executive  duties  of  the  respective  depart- 
ments to  which  they  may  be  assigned,  as  above  provided,  but 
said  board,  as  a  whole,  shall  have  supervision  of  and  be  res- 
ponsible for  the  administration  of  each  of  said  departments. 
The  salary  of  each  of  said  Commissioners  shall  be  three  thou- 
sand  dollars  per  year,  payable  in  monthly  installments. 

9.  The  Commissioners  named  as  the  head  of  each  depart- 
ment shall  audit  all  accounts  or  claims  against  it,  unless  he  be 
absent  or  fail  or  refuse  so  to  do,  in  which  event  the  Mayor  shall 
appoint  another  Commissioner  to  act  in  his  stead  during  his 
absence,  or  to  audit  such  claims  and  accounts  as  the  said  Com- 
missioner shall  fail  or  refuse  to  act  upon;  but  before  payment 
all  accounts  shall  be  acted  upon  and  approved  by  said  Board  of 
Commissioners  at  a  meeting  of  said  board.  Said  board  shall 
require  a  statement  to  be  published  monthly  in  the  official  news- 
paper of  said  city  showing  a  full,  clear  and  complete  state- 
ment of  all  taxes  and  other  revenue  collected  and  expended 
during  the  preceding  month,  indicating  the  respective  sources 
from  which  the  moneys  were  derived  and  also  indicating  the 
disposition  made  thereof,  and  showing  all  disbursements  dur- 
ing said  period. 

10.  The  Mayor  and  each  member  of  the  Board  of  Commis- 


Art.  Ill,  Sec.  11.  The  Board  of  Commissioners     41 

sioners  shall  be  required  to  give  bond  in  the  sum  of  ten  thou- 
sand dollars  for  the  faithful  discharge  of  his  duties. 

11.  The  Board  of  Commissioners  shall  be  vested  with  the 
power  and  charged  with  the  duty  of  adopting  all  laws  and  or- 
dinances not  inconsistent  with  the  Constitution  and  laws  of 
this  State  touching  every  object,  matter  and  subject  within  the 
purview  of  the  local  government  instituted  by  this  act. 

12.  Every  ordinance,  resolution  or  motion  of  the  Board  of 
Commissioners  shall,  before  it  takes  effect,  be  presented  to  the 
Mayor  for  his  approval  and  signature.  If  he  approve  it,  he  shall 
sign  it;  if  he  disapproves  it,  he  shall  specify  his  objection  thereto 
in  writing  within  two  days  and  return  the  same  to  the  Board 
of  Commissioners  with  such  disapproval.  If  he  does  not  re- 
turn it  with  such  disapproval,  nor  sign  it,  it  shall,  after  two 
days  be  in  effect  and  force,  as  if  he  had  approved  it. 

A  veto  by  the  Mayor  shall  suspend  the  act  of  the  Board  of 
Commissioners  for  seven  days,  after  which  time  the  Board  of 
Commissioners  may  pass  the  same  over  the  veto  of  the  Mayor 
by  a  majority  vote,  but  in  all  such  cases  the  Mayor  shall  not 
be  deprived  of  his  right  to  vote  as  a  member  of  the  Board  of 
Commissioners  by  reason  of  such  veto.  In  case  the  Mayor's 
veto  is  sustained,  the  matter  shall  not  again  come  before  the 
Board  of  Commissioners  within  six  months.  In  ordinances  or 
resolutions  making  appropriations,  the  Mayor  may  veto  any 
or  every  item  therein,  but  such  veto  shall  not  extend  to  the 
items  not  vetoed,  and  those  which  he  approves  shall  become 
effective  and  those  which  he  disapproves  shall  not  become  ef- 
fective, unless  passed  over  his  veto  in  the  manner  above  speci- 
fied. 

13.  The  Board  of  Commissioners  shall  have  control  and  sup- 
ervision over  all  the  departments  of  the  city,  except  as  herein 
otherwise  provided,  and  to  that  end  shall  have  power  to  make 
and  enforce  such  rules  and  regulations  as  they  may  see  fit 
and  proper  for  and  concerning  the  organization,  management 
and  operation  of  all  the  departments  of  said  city  and  whatever 
agencies  may  be  created  for  the  administration  of  its  affairs. 
They  shall  have  power  to  create  such  offices  as  they  may  deem 
necessary  for  a  prudent  and  successful  administration  of  the 
affairs  of  the  city,  and  to  fix  the  salaries  of  the  persons  ap- 
pointed thereto;  provided,  that  the  term  of  any  such  office 
so  created  by  them  shall  never  exceed  the  period  of  one  year, 
and  they  shall  have  power  to  abolish  at  any  time  any  such 
office  and  to  terminate  the  official  duties  and  relations  of  the 
person  occupying  the  same.  The  Mayor  shall  propose  and 
submit  to   the  Board  of  Commissioners  nominations   for  all   of- 


42     The  Board  of  Commissioners  Art.  Ill,  Sec.  14. 

fices  created  by  said  board,  and  said  nominations  shall  be  sub- 
ject to  confirmation  by  a  majority  vote  of  the  board,  not  in- 
cluding the  vote  of  the  Mayor.  In  the  event  any  such  nomina- 
tion by  the  Mayor  shall  fail  of  confirmation  by  the  board,  it 
shall  be  the  duty  of  the  Mayor  to  make  a  temporary  appoint- 
ment of  an  officer  pro  tem  to  discharge  the  duties  of  said  po- 
sition, who  shall  not  have  been  rejected  by  the  board  as  a  nomi- 
nee of  the  Mayor  for  said  office,  and  to  submit  another  nomi- 
nation to  the  Board  of  Commissioners,  and  to  continue  to  so 
submit  other  nominations  until  one  shall  be  ratified  and  con- 
firmed by  said  board. 

Each  member  of  the  Board  of  Commissioners  shall  have  the 
right  to  propose  and  name  the  employes  in  the  department  or 
departments  under  his  immediate  supervision,  but  a  majority 
of  the  board  shall  have  the  power  to  reject  any  such  proposal 
and  to  discharge  any  officer  or  employe  of  the  city  except  the 
City  Attorney,  Corporation  Judge  and  Auditor.  All  salaries  and 
wages  to  be  paid  employes  of  the  city,  except  as  otherwise  pro- 
vided herein,  shall  be  fixed  and  paid  by  the  Board  of  Commis- 
sioners, acting  as  a  whole,  and  shall  not  become  effective  un- 
less at  least  three  members  of  the  board  shall  vote  therefor. 

14.  The  Board  of  Commissioners  shall  meet  at  least  three 
times  in  every  week  in  regular  meeting  at  such  times  as  shall 
be  fixed  by  said  board,  at  the  city  hall  in  said  city,  to  consider 
and  take  under  advisement  and  act  upon  such  business  as  may 
come  before  them.  A  majority  of  said  board  shall  constitute 
a  quorum  for  the  transaction  of  all  business,  but  no  action  of 
said  Commissioners  shall  be  effective  unless  upon  a  vote  of  the 
m.ajority  of  such  quorum,  and  no  ordinance  shall  be  passed  or 
become  effective  without  receiving  the  votes  of  at  least  three 
members  of  the  board.  No  final  action  shall  be  taken  in  any 
matter  concerning  the  special  department  of  any  absent  Com- 
missioner unless  such  business  has  been  made  a  special  order 
of  the  day  by  action  at  a  previous  meeting  of  the  board,  or  such 
action  is  taken  at  a  regular  meeting  of  the  board.  Special  meet- 
,ings  may  be  called  by  the  Mayor  or  by  any  two  members  of 
said  board  at  any  time  to  consider  only  such  matters  as  shall 
be  mentioned  in  the  call  for  said  meeting,  and  written  notice 
thereof  shall  be  given  to  each  member  of  said  board.  All  ses- 
sions of  said  board,  whether  regular  or  called,  shall  be  open  to 
the  public. 

15.  It  shall  be  the  duty  of  the  Mayor,  from  time  to  time,  to 
make  such  recommendations  to  the  Board  of  Commissioners 
as  he  may  deem  to  be  for  the  welfare  of  the  city,  and  on  the 
first  Monday  in  May  of  each  year,  or  as  soon  thereater  as  prac- 
ticable,  to   submit   to   the   Board   of   Commissioners   the   annual 


Art.  Ill,  Sec.  16.  The  Board  of  Commissioners     43 

budget  or  estimate  of  the  receipts  and  expenses  of  the  city 
for  the  fiscal  year,  each  item  in  which  may  be  increased,  re- 
duced or  omitted  by  the  board,  subject  to  the  veto  power  of 
the  Mayor. 

16.  It  shall  be  the  duty  of  the  Board  of  Commissioners,  on 
the  second  Monday  in  May,  or  as  soon  thereafter  as  practicable, 
to  appropriate  such  sums  of  money,  respectively,  for  each  of 
the  various  departments  of  the  city  government  as  it  may  deem 
necessary  for  the  maintenance  and  operation  thereof  during  the 
current  year.  The  current  fiscal  year  shall  begin  at  12:01 
o'clock,  noon,  on  the  first  day  of  May  of  each  year. 

In  addition  to  the  departmental  appropriations  herein  pro- 
vided for,  the  Board  of  Commissioners  shall  also  make  such  ap- 
propriations for  contingent  purposes,  as  may  be  deemed  neces- 
sary. 

The  appropriations  herein  provided  for  shall  be  based  upon 
estimates  submitted  by  the  Mayor  in  his  annual  budget,  pro- 
vided the  same  shall  have  been  submitted  to  the  board  as  here- 
in provided. 

The  head  of  each  department  created  by  the  Board  of  Com- 
missioners shall  make  a  written  report  to  the  Mayor,  not  later 
than  the  5th  day  of  May  in  each  and  every  year,  showing  the 
operation  of  such  ""epartment  for  the  preceding  year.  These  re- 
ports shall  be  transmitted  to  the  Mayor  and  shall  accompany 
and  be  made  a  part  of  the  Mayor's  report  to  the  Board  of  Com- 
missioners, which  report  shall  not  be  made  later  than  the  sec- 
ond Monday  in   May  in   each   year. 

The  Mayor  shall  also  make  such  recommendations  to  the 
Board  of  Commissioners  concerning  the  increase  or  decrease  of 
departmental  estimates  as  in  his  judgment  may  best  serve  the 
interests  of  the  city.  He  shall  also  submit  an  estimate  for  a 
special  contingent  fund  for  the  current  year- 

In  making  up  the  budget  allowance  for  any  current  year,  the 
Board  of  Commissioners  shall  first  make  provisions  for  the  pay- 
ment of  the  interest  and  the  creation,  setting  aside  and  pre- 
servation of  a  legal  sinking  fund  upon  all  of  the  outstanding 
indebtedness  of  the  city,  and  make  provision  for  the  mainten- 
ance of  the  public  school  system  of  the  city  as  herein  elsewhere 
provided,  and  shall  then  make  such  appropriations  as  the  re- 
maining revenues  of  the  city  may  justify,  to  be  appropriated 
among  the  respective  departments,  or  otherwise  appropriated  for 
public  uses,  as  the  Board  of  Commissioners  may  deem  best; 
provided,  however,  that  in  no  case  shall  the  entire  appropria- 
tions so  made,  comprehending  interest  and  sinking  fund  on  the 
bonded    debt,   and   appropriations   for   all  other   public   uses  and 


44     The  Board  of  Commissioners  Art.  Ill,  Sec.  17. 

purposes,  ever  exceed  the  estimated  available  resources,  which 
shall  be  based  upon  the  probable  revenue  of  the  city  derived 
from  ad  valorem  taxes  upon  the  basis  of  the  total  valuation  of 
ths  property  for  taxation  for  the  preceding  year,  and  of  such, 
other  contingent  revenues  of  the  city  as  will  probably  accrue. 

It  shall  be  deemed  a  malfeasance  for  the  Board  of  Commis- 
sioners to  make  an  appropriation  in  the  budget,  the  sum  total 
of  which  shall  exceed  the  estimated  available  or  probable  rev- 
enues for  any  current  fiscal  year. 

17.  The  Board  of  Commissioners  at  its  second  regular  meet- 
ing in  June  of  each  year,  or  as  soon  thereafter  as  practicable, 
shall  levy  the  annual  tax  for  such  year,  but  special  taxes  or 
assessments  allowed  by  this  charter  may  be  levied,  assessed 
and  collected  at  such  times  as  the  Board  of  Commissioners  in 
each  case  may  provide. 

18.  The  Board  of  Commissioners  shall  have  full  power  to 
provide,  by  ordinance,  for  the  prompt  collection  of  taxes  as- 
sessed, levied,  and  imposed  under  this  charter,  and  are  hereby 
authorized,  and  to  that  end  may  and  shall  have  full  power  and 
authority  to  sell  or  cause  to  b&  sold  all  kinds  of  property,  real 
and  personal,  and  may  and  shall  make  such  rules  and  regula- 
tions, and  ordain  and  pass  all  ordinances  deemed  necessary  to 
the  levying,  laying,  imposing,  assessing  and  collecting  of  any 
taxes  provided  for  in  this  charter.  Unless  otherwise  provided 
by  this  act  and  by  ordinances  passed  thereunder,  all  property 
in  such  city  liable  to  taxation  shall  be  assessed  in  accordance 
with  the  provisions  of  general  laws  of  the  State,  in  so  far  as 
applicable. 

19.  The  Board  of  Commissioners  shall  have  the  management 
and  control  of  the  finances  of  the  city  except  as  otherwise  here- 
in provided.  They  shall  have  the  power  to  appropriate  money 
and  provide  for  the  payment  of  debts  and  expenses  of  the  city; 
to  provide  by  ordinance  special  funds  for  special  purposes  pro- 
vided for  under  the  provisions  of  this  charter,  and  to  make 
the  same  disbursable  only  for  said  purposes,  and  to  impose 
proper  penalties  for  enforcing  the  same;  to  provide  by  ordi- 
nance for  the  payment  of  any  existing  and  outstanding  indebt- 
edness and  for  the  payment  of  any  bonds  that  may  from  time 
to  time,  be  issued,  and  shall  for  such  purposes  have  the  power- 
to  levy,  assess  and  collect  a  special  tax. 

20.  The  Board  of  Commissioners  shall  have  the  power  to 
fund  or  refund  by  ordinance  the  whole  or  any  part  of  the  ex- 
isting debts  of  the  city,  or  any  future  debt  by  acquiring  and 
canceling  the  evidence  thereof  and  to  issue  other  bonds  in  lieu 


Art.  Ill,  Sec.  21.  The  Board  of  Commissioners     45 

thereof,  either  registered  or  coupon,  bearing  Interest  at  a  rate 
not  greater  than  the  original  indebtedness,  and  to  this  end  may 
apply  the  sinking  fund  belonging  to  any  series  of  bonds  so  re- 
funded, and  may  pay  and  retire  any  bond  by  using  the  sinking 
fund  thereof. 

21.  Neither  the  Mayor  nor  any  other  member  of  the  Board 
of  Commissioners,  nor  any  elective  or  appointive  employe  of 
the  city,  shall  be  directly  or  indirectly  in  the  employ  of  any 
person,  company,  or  corporation  holding  or  seeking  to  hold  any 
franchise  of  the  City  of  Dallas,  or  shall  receive,  directly  or  in- 
directly, any  wage,  commission,  fee,  gift,  favor  or  payment  from 
any  such  franchise  holder,  and  a  violation  of  this  section  shall 
ipso  facto  render  vacant  the  position  held  by  the  person  so 
violating  it,  and  shall  be  punished  as  bribery. 

No  member  of  the  Board  of  Commissioners  or  Board  of  Edu- 
cation or  any  other  officer  of  the  city  shall  be  directly  or  in- 
directly interested  in  any  work,  business  oT  contract,  the  ex- 
pense, price  or  consideration  of  which  is  paid  from  the  City 
Treasury,  or  by  any  assessment  levied  by  ordinance  or  resolu- 
tion of  the  Board  of  Commissioners;  nor  be  the  surety  of  any 
person  having  any  contract  work  or  business  with  said  city  for 
the  performance  of  which  security  may  be  required,  nor  be  the 
surety  on  the  official  bond  of  any  officer  of  the  city.  Contracts 
in  violation  of  said  provision  shall  be  void  and  no  member  of 
the  Board  of  Education  shall  be  at  any  time  during  his  term 
of  office  directly  or  indirectly  interested  in  or  in  the  employ  of 
any  school  book  publishing  or  furnishing  company  or  concern 
or  school  furniture  company  or  concern. 

22.  The  Board  of  Commissioners  shall  by  ordinance  adopt 
such  rules  and  regulations  for  its  gov'ernment  and  order  of  busi- 
ness as  its  members  may  deem  best.  It  shall  be  the  judge  of 
the  qualifications  and  election  of  its  members,  including  the 
Mayor,  and  shall  have  authority  to  recount  the  votes  cast  for 
either  of  its  members,  and  to  correct  the  result  which  may  have 
been  theretofore  declared,  in  the  event  notice  of  a  contest  of 
any  such  election  shall  be  given  within  thirty  days  after 
such  election  shall  have  been  held.  It  shall  also  be  the  judge  of 
the  election  and  qualification  of  all  other  city  officers  subject  to 
the  provisions  of  this  act  applying  thereto.  It  may  punish 
members,  or  other  persons,  during  its  sitting  by  fine  for  disor- 
derly conduct. 

23.  Each  Commissioner  and  the  secretary  of  the  Board  of 
Commissioners  shall  be,  and  they  are  hereby  authorized  to  ad- 
minister oaths  in  the  municipal  affairs  and  government  of  the 
city. 


46     City   Attorney  Art.  IV,   Sec.  1. 

24.  If  a  vacancy  shall  occur  in  the  Board  of  Commissioners 
(excepting  the  Mayor)  or  the  office  of  City  Attorney  or  Corpor- 
ation Judge,  the  Mayor  shall  nominate  a  person  to  fill  the  un- 
expired term  of  such  office,  and  submit  his  name  to  the  Board 
of  Commissioners.  If  such  nomination  shall  receive  the  approval 
of  three  members  of  the  board,  not  including  the  Mayor,  said 
appointment  shall  take  effect  from  the  date  of  such  confirma- 
tion. In  the  event  said  board  shall  fail  or  refuse  to  confirm 
such  nomination,  the  Mayor  shall  submit  another  nomination 
of  a  different  person  for  said  office,  and  shall  continue  so  to  do 
until  a  nomination  so  made  by  him  shall  be  confirmed  by  the 
Board  of  Commissioners.  In  the  event  of  a  vacancy  in  the  office 
of  City  Attorney,  or  Judge  of  the  corporation  court,  vi^hich  shall 
not  be  promptly  filled  as  above  provided,  it  shall  be  the  duty 
of  the  Mayor  to  appoint  an  officer  pro  tem  to  perform  the  duties 
of  such  vacated  office,  which  said  pro  tem  officer  shall  be  en- 
titled to  receive  the  regular  salary  for  said  services  for  the 
time  he  shall  perform  them,  and  shall  serve  in  said  capacity, 
until  said  office  shall  be  filled  in  accordance  with  this  act. 

In  the  event  a  vacancy  shall  occur  in  the  office  of  Auditor  it 
shall  be  the  duty  of  the  nominating  board  created  under  the 
provisions  of  this  act  to  convene  and  make  a  nomination  or 
nominations  for  said  office  until  the  same  shall  be  filled  in  ac- 
cordance  with    said   provisions. 

ARTICLE   IV. 
Other   Officers  and   Their   Duties. 

The  :\layor  shall  on  the  second  Tuesday  in  April,  1908,  and 
on  the  fourth  Tuesday  in  April,  1909,  and  biennially  thereafter, 
submit  to  the  Board  of  Commissioners  a  nomination  for  the 
office  of  City  Attorney,  'and  said  board  shall  confirm  or  reject 
such  nomination  by  a  majority  vote  thereof,  not  including  the 
Mayor.  The  votes  of  three  members  of  said  board  shall  be 
sufficient  to  confirm  or  to  reject  such  nomination  and  in  the 
event  such  nomination  shall  be  rejectea,  it  shall  be  the  duty  of 
the  Mayor  to  submit  the  name  of  a  different  person  to  the 
Board  of  Commissioners  as  nominee  for  said  office  and  he  shall 
continue  so  to  do  until  a  nomination  so  made  by  him  shall  be 
confirmed   by  said  board. 

The  City  Attorney  shall  receive  such  salary  as  shall  be  fixed 
by  the  Board  of  Commissioners  at  the  beginning  of  his  term 
and  said  compensation  shall  not  be  increased  or  diminished 
during  his  term  of  office.  The  City  Attorney  chosen  in  1908 
shall  serve  until  his  successor  shall  be  chosen  as  herein  pro- 
vided and  shall  qualify.     Said  officer  shall  represent  the  city  in 


Art.  IV,   Sec.  2.  Corporation   Court     47 

all  litigation  and  controversies.  The  Board  of  Commissioners 
shall  be  empowered  at  its  discretion  to  employ  an  assistant  or 
assistants  for  said  officer,  and  to  fix  the  compensation  to  be 
paid  for  such  service,  and  such  City  Attorney  and  his  assistants 
shall  have  authority  to  administer  oaths  and  affidavits.  It  shall 
be  the  duty  of  the  City  Attorney  to  approve  in  writing  all 
proposed  ordinances  before  they  shall  be  adopted,  or  to  file 
with  the  Board  of  Commissioners  in  writing  his  objections 
thereto.  It  shall  be  his  duty  to  draft  all  proposed  ordinances 
granting  franchises,  and  in  the  event  he  shall  not  approve  any 
such  proposed  ordinance,  it  shall  be  his  duty  to  file  with  the 
Board  of  Commissioners,  in  writing,  his  objections  thereto.  It 
shall  be  the  duty  of  said  officer  to  inspect  and  pass  upon  all 
papers,  documents,  contracts  and  other  instruments  in  which 
the  city  may  be  interested.  He  shall  be  the  legal  adviser  of 
the  Mayor,  the  Board  of  Commissioners  and  Board  of  Educa- 
tion, or  any  committee  thereof,  and  all  city  officers  and  employes 
with  respect  to  any  legal  question  involving  an  official  duty  or 
any  matter  pertaining  to  the  affairs  of  the  City  of  Dallas.  The 
City  Attorney  shall  perform  such  other  duties  as  the  Board  of 
Commissioners  may  direct.  Whenever  it  shall  be  brought  to 
the  knowledge  of  the  City  Attorney,  through  the  affidavit  of 
ten  creditable  persons  or  otherwise,  that  any  person,  firm  or 
corporation  exercising  and  enjoying  any  franchise  or  privilege 
from  the  City  of  Dallas  has  been  guilty  of  a  breach  of  any  con- 
dition of  such  gr^nt,  or  has  failed  to  comply  in  any  material 
matter  with  the  terms  and  stipulations  thereof,  it  shall  be  the 
duty  of  said  officer  to  make  report  of  said  matter  to  the  Board 
of  Commissioners,  together  with  all  facts  bearing  upon  the 
same  which  may  be  brought  to  his  attention.  If  said  board 
shall  determine  that  said  complaints  are  well  founded,  it  shall 
be  its  duty  to  take  such  action  as  may  be  necessary;  and  in 
the  event  the  offending  corporation  shall  fail  or  refuse  to  con- 
form to  such  orders  as  it  may  make  with  respect  thereto,  it 
shall  be  the  duty  of  the  board  to  direct  the  City  Attorney  to 
institute  suit  in  the  court  having  jurisdiction  thereof  against 
such  person,  firm  or  corporation  so  offending  to  obtain  a  judg- 
ment of  forfeiture  of  said  franchise  or  privilege. 

2.  There  shall  be  a  court  for  the  trial  of  misdemeanor  of- 
fenses known  as  the  "Corporation  Court,"  with  such  powers 
and  duties  as  are  defined  and  prescribed  in  an  act  of  the  Legis- 
lature of  the  State  of  Texas,  and  any  acts  amendatory  thereof, 
entitled,  "An  Act  to  establish  and  create  in  each  of  the  cities, 
towns  and  villages  of  this  State,  a  State  court,  to  be  known  as 
the  'Corporation  Court'  in  each  city,  town  or  village,  and  to 
prescribe  the  jurisdiction  and  organization  thereof,  and  to  abolish 


48     Corporation  Court  Art.  IV,  Sec.  2. 

'municipal  courts;""  said  act  having  been  presented  to  the  Gov- 
ernor of  Texas  March  15,  1899,  and  not  having  been  by  hira  dis- 
approved. 

The  Magistrate  of  said  court  shall  be  l^nown  as  the  "Judge  of 
the  Corporation  Court,"  he  shall  be  a  qualified  voter  of  the  City 
of  Dallas,  shall  be  appointed  by  the  j\Iayor  and  confirmed  by  the 
Board  of  Commissioners,  shall  hold  his  office  for  two  years,  un- 
less sooner  removed  by  impeachment,  and  shall  receive  such 
salary  as  may  be  fixed  by  the  Board  of  Commissioners,  which 
salary  shall  not  be  increased  or  diminished  during  his  term  of 
office.  There  shall  be  a  clerk  or  clerks  of  said  court,  and  such 
deputies  as  may  be  created  or  provided  for  by  ordinance  adopt- 
ed by  the  Commissioners,  which  deputies  shall  be  appointed 
by  the  Mayor  and  confirmed  by  the  Board  of  Commissioners, 
shall  be  subject  to  removal  at  any  time  by  the  Board  of  Com- 
missioners, and  shall  receive  such  salary  as  may  be  fixed  by 
the  Board  of  Commissioners. 

The  clerk  or  clerks  of  said  court  and  the  deputies  thereof 
shall  have  the  power  to  administer  oaths  and  affidavits,  make 
certificates,  affix  the  seal  of  said  court  thereto,  and  generally 
to  do  and  perform  all  things  and  acts  usually  or  necessary  to 
be  performed  by  clerks  of  courts  in  issuing  process  of  said 
courts  and  conducting  the  business  thereof. 

The  Board  of  Commissioners  may  require  such  clerk,  clerks 
or  deputies  created  by  it  to  perform  such  other  duties,  in  addi- 
tion to  the  duties  of  clerk  or  deputy  clerk,  as  may  be  prescribed, 
or  may  provide  that  some  other  employe  or  employes  of  the 
city,  in  addition  to  other  duties,  may  perform  the  duties  of  such 
clerk  or  deputy  clerk,  without  extra  compensation. 

The  Mayor  shall  within  fifteen  days  after  his  election  and 
qualification  for  the  years  1908  and  1909,  and  biennially  thereaf- 
ter, nominate  and  submit  to  the  Board  of  Commissioners  for 
confirmation,  the  name  of  a  person  proposed  by  him  for  the 
office  of  .ludge  of  said  corporation  court.  Said  officer  shall  be 
a  regularly  licensed  and  practicing  attorney  and  a  qualified 
voter  of  the  City  of  Dallas,  and  shall  have  resided  in  said  city 
at  least  three  years  before  said  appointment.  He  shall  receive 
for  his  services  such  compensation  as  may  be  fixed  by  the 
Board  of  Commissioners  and  such  compensation  shall  not  be 
changed  during  his  term  of  office. 

If  the  Board  of  Commissioners  should  fall  or  refuse  to  con- 
firm any  nomination  for  judge  of  the  corporation  court,  it  shall 
be  the  duty  of  the  Mayor  to  submit  another  nomination  for  such 
office  and  to  continue  so  to  do  until  a  nomination  shall  be  con- 
firmed. The  Mayor  shall  have  authority  to  make  a  temporary 
appointment   to  fill  a  vacancy  in  said  office,  to  continue  until  an 


Art.    IV,    Sec.    :!.  City    Auditor     49 

appointment  thereto  made  and  submitted  by  him  to  the  Board 
of  Commissioners  shall  be  confirmed  thereby,  which  said  tem- 
porary appointee  shall  not  have  been  theretofore  rejected  by 
the  Board  of  Commissioners  as  a  nominee  for  said  office. 

3.  The  presidents  of  the  several  banks  situated  in  the  City  of 
Dallas,  incorporated  under  any  act  of  Congress  or  the  laws  of 
the  State  of  Texas,  and  in  existence  at  the  time  this  act  shall 
take  effect,  and  their  successors  in  said  offices,  who  shall  qualify 
by  taking  the  oath  of  office  prescribed  by  the  Constitution 
of  the  State  of  Texas,  shall  be  and  are  hereby  constituted  a 
nominating  board,  which  shall  be  empowered,  by  a  majority 
vote  of  the  acting  members  of  said  board,  to  nominate  an  Audit- 
or for  the  City  of  Dallas.  Said  board  shall  meet  within  fifteen 
days  after  the  first  day  of  April  of  the  year  1908.  and  shall 
organize  by  electing  a  president  and  secretary  from  its  own 
m.ember3.  Three  members  shall  be  sufficient  to  constitute  a 
quorum.  Said  board  shall  then  proceed  to  select,  by  ballot,  a 
nominee  for  Auditor,  and  shall  certify  such  action  to  the  Board 
of  Commissioners.  It  shall  be  the  duty  of  said  board,  imme- 
diately on  receipt  of  such  certificate  from  said  nominating 
board,  to  convene  and  to  confirm  or  reject  such  nomination.  If 
three  members  of  said  board  shall  vote  to  confirm  such  nomi- 
nation, it  shall  be  confirmed,  and  if  three  members  of  the  board 
shall  vote  to  reject  the  same,  it  shall  be  rejected,  and  in  such 
event,  the  board  shall  certify  its  action  to  said  nominating 
board,  which  shall  then  propose  the  name  of  a  different  person 
for  said  office,  to  be  selected  by  it  as  hereinafter  provided,  and 
shall  thus  continue  to  make  nominations  for  said  office  until  a 
person  thus  nominated  shall  be  confirmed  by  the  Board  of  Com- 
missioners. In  the  event  the  Board  of  Commissioners  should 
fail  or  refuse  to  confirm  the  first  nomination  made  by  said 
nominating  board,  it  shall  be  the  duty  of  such  nominating  board 
to  designate  an  Auditor  pro  tem.  who  shall  be  'empowered  to 
perform  all  the  duties  of  Auditor  and  shall  receive  the  salary 
of  said  officer  until  said  office  shall  finally  be  filled  by  confirm- 
ation, by  the  Board  of  Commissioners,  of  a  nomination  made 
by  said  nominating  board  in  accordance  with  the  provisions  of 
this  section.  The  person  thus  nominated  and  confirmed  as 
Auditor  in  the  year  1908,  shall  serve  in  said  capacity  until  the 
15th  day  of  April,  1909,  and  until  his  successor  shall  be  chosen 
and  shall  qualify.  Within  fifteen  days  after  the  first  day  of 
April,  1909,  and  biennially  thereafter,  said  nominating  board 
shall  meet  and  propose  a  nomination  for  said  office,  and  the 
same  shall  be  acted  on  by  the  Board  of  Commissioners  chosen 
during  said  month  as  herein  provided;  said  officer  chosen 
in   the   year    1909,    and    thereafter,    shall   serve   for   the   term   of 


50     Officers  Art.  IV,  Sec.  5. 

two   years   and    until    his    successor   shall   be    chosen    and    shall 
qualify. 

It  shall  be  the  duty  of  the  Auditor  to  examine  in  detail  all 
bills,  accounts  and  claims  against  the  said  city,  and  if  found 
correct,  to  sign  his  name  in  approval  thereof,  but  if  found  in- 
correct he  shall  return  them  to  the  party  presenting  the  same 
for  correction.  He  shall  be  the  general  accountant  of  the  said 
city,  and  shall  keep  in  books  regular  accounts  of  all  real,  per- 
sonal and  mixed  property  of  the  said  city;  of  all  receipts  and 
disbursements  of  money;  and  under  proper  heads,  separately, 
each  source  of  receipt  and  the  cause  of  each  disbursement;  and 
shall  also  keep  an  account  with  each  person,  including  the  of- 
ficers, who  have  money  transactions  with  the  said  city,  credit- 
ing amounts  allowed  by  proper  authority,  and  specifying  the 
particular  transaction  to  which  such  entries  apply.  It  shall 
be  his  duty  at  least  once  in  each  month  to  examine  the  books 
of  account  of  all  officers  of  said  city  charged  with  the  receipt 
and  disbursement  of  money,  and  if  they  be  found  incorrect, 
to  at  once  make  a  report  in  writing  of  the  same  to  the  Mayor. 
It  shall  also  be  his  duty  to  examine  all  warrants  and  counter- 
sign the  same  after  appropriation  has  been  duly  made  to  pay 
the  same  by  said  Board  of  Commissioners.  He  shall  certify  to 
the  correctness  of  all  monthly  reports  which  shall  be  published 
by  the  Board  of  Commissioners  as  required  by  Article  3  here- 
of. It  shall  be  his  duty  to  ascertain  whether  any  expenditure 
made  or  proposed  to  be  made  by  the  city  is  excessive,  either  in 
the  price  of  the  thing  purchased,  the  computation  of  the  charge 
or  otherwise,  and  if  he  shall  so  find,  he  shall  make  report  there- 
on to  the  Board  of  Commissioners  and  state  the  facts  in  his 
certificate  to  be  attached  to  the  nionthly  report  to  be  published 
as  herein  provided  for.  He  shall  receive  for  his  services  a 
salary  of  three  thousand  dollars  ($3000)  per  annum,  payable  in 
equal  monthly  installments,  and  shall  give  bond  for  the  faith- 
ful performance  of  his  duties  in  the  sum  of  ten  thousand  dollars 
($10,000),  with  two  or  more  good  and  sufficient  sureties,  to  be 
approved  by  the  Mayor  and  by  the  Commissioner  of  Finance 
and  Revenue. 

5.  The  City  Attorney,  .Judge  of  the  Corporation  Court  and 
Auditor,  shall  each  serve  for  the  period  of  two  years;  provided, 
the  appointments  thereto  made  in  the  year  1908,  shall  run  for 
the  period  of  only  one  year  and  until  the  successors  of  such 
officers  shall  be  chosen.  The  City  Attorney  and  Judge  of  the 
corporation  court  shall  receive  such  compensation  as  may  be 
fixed  by  the  Board  of  Commissioners  at  the  beginning  of  their 
term.s,  and  such  compensation  shall  not  be  increased  or  dimin- 
ished during  such  terms. 


Art.  IV,  Sec.  8.  City  Treasurer     51 

6.  The  City  Attorney,  Judge  of  the  Corporation  Court  and 
Auditor  shall  not  be  subject  to  removal  from  office  by  the  Board 
of  Commissioners,  but  such  above  named  officers  and  Mayor 
and  each  member  of  the  Board  of  Commissioners  may  be  re- 
moved by  impeachment  in  the  manner  provided  by  general  law 
for  the  impeachment  of  county  officers. 

7.  The  Board  of  Commissioners  shall  have  power  to  provide 
for  such  other  officers  and  employes  as  may  be  necessary,  to 
fix  the  compensation  to  be  paid  thereto,  and  to  employ  such 
service  and  to  make  such  compensation  therefor  as  may  seem 
expedient  and  necessary  to  the  board;  provided,  that  a  majority 
thereof  shall  approve  such  action,  and  provided  further,  that 
all  officers  other  than  those  specially  mentioned  herein  shall 
hold  their  offices  for  a  term  of  not  exceeding  one  year,  and 
shall  be  subject  to  removal  at  any  time  by  the  Board  of  Com- 
missioners. 

8.  Ttie  office  of  City  Treasurer  shall  be  let  by  contract  to 
the  highest  and  best  bidder  in  the  discretion  of  the  Board  of 
Commissioners.  The  Board  of  Commissioners  shall,  not  less 
than  thirty  days  prior  to  the  expiration  of  the  term  of  office 
of  the  present  City  Treasurer,  and  every  two  years  thereafter, 
advertise  for  bids  for  the  said  office,  stating  what  said  bids 
shall  specify  and  the  terms  on  which  such  bids  shall  be  re- 
ceived. The  Treasurer  appointed  by  conuact  shall  nevertheless 
be  an  officer  of  the  city  and  subject  to  the  same  duties  as  a 
Treasurer  otherwise  elected.  Said  Treasurer  shall  give  such 
bond  as  (he  Board  of  Commisisoners  may  require,  conditioned 
for  the  faithful  discharge  of  his  duties.  He  shall  receive  and 
securely  keep  all  moneys  belonging  to  the  city,  and  make  all 
payments  for  the  same  upon  an  order  signed  by  the  Mayor  and 
countersigned  by  the  Auditor,  except  that  payments  from  the 
school  funds  shall  be  upon  an  order  signed  by  the  president  of 
the  Board  of  Education,  countersigned  by  the  Auditor  and  at- 
tested by  the  secretary  of  said  board;  provided,  that  no  order 
shall  be  paid  unless  it  shows  upon  its  face  that  the  Board  of 
Commisisoners  or  Board  of  Education,  as  the  case  may  be,  has 
ordered  its  issuance,  and  for  what  purpose.  He  shall  render 
a  full  and  correct  statement  of  his  receipts  and  payments  to  the 
Board  of  Commissioners  at  their  first  regular  meeting  in  every 
month,  and  at  such  other  time  as  the  Board  of  Commissioners 
may  require.  He  shall  perform  such  other  acts  and  duties  as 
the  Board  of  Commissioners  may  require,  and  shall  receive  for 
his  services  five  ($5)  dollars  per  annum. 


52     Public   Schools  Art.    V,   Sec.   1. 

ARTICLE  V. 
Public  Schools. 

1.  The  city  ))ublic  schools  ahaii  be  under  the  management 
and  control  of  a  Board  of  Education,  composed  of  a  president 
and  six  members,  who  shall  be  elected  on  the  first  Tuesday  of 
April,  1908,  and  at  a  regular  election  to  be  held  biennially  there- 
after on  the  first  Tuesday  of  April,  and  shall  hold  their  offices 
for  two  years  and  until  their  successors  are  elected  and  quali- 
fied. Any  vacancy  occurring  in  the  Board  of  Education  shall 
be  filled  by  an  election  to  be  held  by  said  board,  and  the  person 
elected  shall  hold  offi.ce  for  the  unexpired  term.  The  members 
of  said  board  shall  serve  without  compensation,  shall  have  ex- 
clusive control  of  the  public  scnools  of  the  City  of  Dallas,  and 
shall  have  full  and  ample  authority,  in  accordance  with  the 
provisions  hereof,  to  provide  necessary  school  buildings  and 
facilities,  and  to  open  and  conduct  a  sufficient  number  of  schools 
to  m.eet  the  wants  or  the  scholastic  population  of  the  City  of 
Dallas,  so  far  as  they  can  do  so  by  pruden-t  and  judicious  ap- 
plication of  tne  means  made  subject  to  their  administration  and 
management.  Among  the  powers  hereby  conferred  on  said 
Board  .  of  Education,  the  following  are  for  greater  certainty 
enumerated:  To  contract  for,  lease  and  purchase  lots,  and  to 
construct  buildings  for  school  purposes,  and  to  make  all  need- 
ed repairs  and  alterations  in  same;  to  furnish  said  school  build- 
ings with  all  appropriate  furniture,  fixtures  and  apparatus;  to 
sell  or  dispose  of  school  property  when  the  same  is  necessary 
or  advisable;  to  lay  off  the  city  into  such  school  districts  as, 
in  the  judgment  of  the  said  board,  shall  be  proper;  to  increase 
or  diminish  said  districts,  and  to  change  the  boundaries  thereof 
at  pleasure;  to  employ  superintendents,  teachers  and  such  oth- 
er persons  as  may  be  necessary,  and  to  fix  their  compensation 
and  prescribe  their  duties,  and  to  establish  all' such  regulations 
and  rules  deemed  necessary  by  the  board  to  provide  and'  main- 
tain an  efficient  system  of  public  schools  in  the  City  of  Dallas. 
The  Board  of  Commissioners,  when  levying  the  annual  tax  for 
the  fiscal  year,  shall  levy  an  ad  valorem  tax  of  one-fourth  of 
one  per  centum  of  the  taxable  value  of  the  City  of  Dallas  for 
that  fiscal  year,  and  said  tax,  when  collected,  shall  be  deposited 
with  the  City  Treasurer  by  the  Board  of  Commissioners  to  the 
credit  of  the  school  fund,  which  said  sum,  together  with  all 
sums  received  from  the  State,  county  and  other  scliool  funds, 
shall  be  held  by  the  City  Treasurer  subject  to  the  order  and 
disbursement  of  the  Board  of  Education,  and  shall  be  paid  out 
upon  warrants  issued  by  order  of  said  Board  of  Education, 
audited  by  the  City  Auditor  and  signed  by  the  president  and 
secretary  of  the  Board  of  Education.     An  official  statement  or 


Art.  V,  Sec.  2.  Public  Schools     53 

copy  of  all  contracts,  claln^s,  accounts,  pay  rolls  and  demands 
of  whatever  nature  whereby  any  money  is  to  be  disbursed  or 
expended  from  the  school  funds  and  also  com])lete  annual  re- 
ports showing  the  operations  of  the  schools,  shall  be  filed  with 
the  City  Auditor,  who  shall  examine,  adjust  and  audit  all  claims, 
accounts,  pay  rolls  and  den:ands  before  same  shall  be  i)aid.  The 
school  board  may  enter  into  contracts  by  competitive  bids  with 
publishers  and  dealers  in  school  supplies  for  furnishing  to  the 
patrons  or  pupils  of  the  public  schools  of  the  city  any  and  all 
books,  stationery  and  school  supplies  required  by  the  city  schools 
at  such  prices  as  may  be  agreed  upon  by  and  between  the  board 
and  such  publishers  or  dealers,  in  no  case  to  exceed  the  list 
prices  of  the  same  articles  in  the  book  stores  of  the  city,  and 
when  such  contracts  or  agreements  are  made  by  the  Board  of 
Education  it  shall  be  the  duty  of  the  secretary  of  the  Board  of 
Education  to  keep  constantly  on  hand,  and  to  furnish  to  the 
patrons  or  pupils  of  the  city  schools,  the  various  books,  station- 
ery and  supplies  thus  agreed  upon  and  at  the  prices  agreed 
upon  by  the  Board  of  Education;  provided,  that  no  profit,  com- 
pensation or  commission  shall  ever  be  allowed  to  or  collected 
by  said  board,  its  secretary  or  any  member  thereof,  upon  the 
agreed  or  contract  prices  at  which  the  publishers  or  dealers 
furnish  the  same  to  the  Board  of  Education  under  any  such 
agreement  or  contract,  provided,  that  this  subdivision  of  this 
act  shall  be  subject  to  the  provisions  of  the  uniform  text  book 
act  applying  to  the  same  subject  matter. 

2.  The  president  of  the  Board  of  Education  shall  be  elected 
and  hold  his  offlce  as  hereinbefore  provided.  He  shall  preside 
over  all  meetings  of  the  Board  of  Education,  and  in  case  of  a 
tie  on  any  question,  he  shall  give  the  casting  vote,  but  in  elec- 
tions he  shall  vote  as  other  members  of  the  board.  He  shall 
be  active  in  enforcing  the  laws,  rules  and  regulations  governing 
said  board.  He  shall,  from  time  to  time,  give  information  about 
the  condition  of  affairs,  and  recommend  for  consideration  such 
measures  as  he  deems  best  for  the  schools.  At  the  first  regu- 
lar meeting  of  the  Board  of  Education  after  the  general  elec- 
tion or  as  soon  thereafter  as  practicable,  the  president  shall  ap- 
point the  standing  committees  of  the  board,  and  the  president 
shall  be  exofficio  a  member  of  all  committees  of  the  board.  He 
shall  have  the  power  to  veto  any  resolution,  by-law,  motion 
or  order  passed  by  the  Board  of  Education,  by  filing  his  writ- 
ten objections  within  three  days  after  the  passage  thereof,  Sun- 
days and  day  of  passage  excluded,  at  the  next  meeting,  or  as 
soon  thereafter  as  practicable,  the  board  shall  consider  such 
objections,  and  unless  the  board  shall  pass  the  measure  over 
his  veto  by  a  two-thirds  vote  of  all  the  members,  taken  by  yeas 


54     Park   Beard  Art.  VI,  Sec.  1. 

and  nays,  such  measure  shall  be  of  no  effect.  The  regular  meet- 
ings of  the  board  shall  be  at  such  times  as  the  board  may  fix 
by  resolution  or  otherwise,  but  the  president,  on  his  own  mo- 
tion, may  call  special  meetings  by  written  notice  thereof  served 
upon  each  member  or  left  at  his  place  of  abode  or  usual  place 
of  business.  At  the  first  meeting  of  each  new  board,  or  as 
soon  thereafter  as  practicable,  the  board  shall  elect  one  of  the 
members  vice-president,  w^ho  shall  hold  his  office  for  two  years. 
In  case  of  absence,  failure,  inability  or  refusal  of  the  president 
to  act,  the  vice-president  shall  perform  the  duties  of  the  presi- 
dent. In  the  absence  of  the  president  and  vice-president,  any 
one  of  the  members  may  be  chosen  to  preside. 

3.  The  Board  of  Education  shall  have  power,  when  money 
for  that  purpose  is  available  from  the  general  fund,  or  is  voted 
therefor  by  special  tax,  to  establish  and  maintain  a  system 
of  kindergartens  in  connection  with  the  public  schools. 

4.  Whenever  the  amount  involved  in  any  purchase  or  sale 
of  property  proposed  to  be  made  by  the  Board  fo  Education 
shall  equal  or  exceed  the  sum  of  one  thousand  dollars,  it  shall 
be  the  duty  of  said  board  to  certify  its  action  with  respect  to 
said  matter  to  the  Board  of  Commissioners,  and  said  board 
shall  have  power  to  veto  and  nullify  said  action  within  five  days 
after  being  notified  thereof,  but  to  become  effective  such  veto 
must  be  supported  by  and  receive  the  votes  of  four  members  of 
said  board  and  such  action  must  be  taken  within  five  days  after 
notice  in  writing  of  the  terms  of  such  proposal  shall  have  been 
filed  by  the  Board  of  Education  with  the  Board  of  Commis- 
sioners. 

ARTICLE  VI. 

The  Park  Board. 

1.  Within  thirty  days  after  the  1st  day  of  April,  1908,  or  as 
soon  thereafter  as  practicable,  and  on  the  fourth  Tuesday  in 
April,  1909,  and  biennially  thereafter,  the  Mayor  shall  appoint 
four  qualified  voters  of  the  City  of  Dallas,  subject  to  confirma- 
tion by  the  Board  of  Commissioners,  who  shall,  with  the  Mayor, 
constitute  the  Park  Board  of  said  city,  and  who  shall  serve  for 
a  period  of  two  years  and  until  their  successors  are  appointed 
and  qualified.  Said  Park  Board  shall  have  exclusive  jurisdic- 
tion over  the  control,  management  and  maintenance  of  the 
public  parks  of  the  City  of  Dallas  with  power  to  acquire  in  the 
name  of  the  city  land  for  park  purposes,  except  as  herein  other- 
wise provided. 

2.  All   funds   appropriated   and   set   aside  for  public   parks. 


Art.  VI,  Sec.  3.  Park  Board     55 

whether  derived  from  appropriations  made  by  the  Board  of 
Commissioners,  or  from  tax  levies,  or  from  any  other  source 
whatsoever  shall  be  deposited  with  the  City  Treasurer  to  the 
credit  of  the  park  fund,  and  paid  out  only  upon  order  of  said 
Park  Board  after  same  shall  have  been  audited  by  the  City 
Auditor. 

3.  The  Park  Board  shall  adopt  rules  and  regulations  as 
it  may  deem  best  for  the  management  of  the  public  parks  of 
the  city,  and  shall  elect  one  of  its  members  president  of  the 
Park  Board. 

The  said  Park  Board  shall  render  to  the  Board  of  Commis- 
sioners quarterly  reports  for  the  quarters  ending  the  last  day 
of  September,  December,  March  and  June,  or  as  soon  after  the 
end  of  each  quarter  as  practicable,  showing  in  detail  all  the 
transactions  of  said  board  for  that  quarter. 

4.  The  Board  of  Commissioners  when  levying  the  taxes  for 
each  fiscal  year  shall  levy  an  aa  valorem  tax  of  one-tenth  of 
one  per  cent  of  the  assessed  value  of  all  real  and  personal  prop- 
erty in  the  city  not  exempt  from  taxation  by  the  Constitution 
and  laws  of  the  State  for  the  use  and  benefit  of  the  park  fund. 
Said  tax,  when  collected,  shall  be  deposited  with  the  City  Treas- 
urer to  the  credit  of  the  park  fund,  and  said  sum,  together  with 
all  sums  received  from  other  sources,  shall  be  held  by  the  City 
Treasurer  subject  to  the  order  and  disbursement  of  the  Park 
Board  for  acquiring  additional  land  for  parks  and  improving 
and  maintaining  parks,  and  shall  be  paid  out  upon  warrants  is- 
sued by  the  Park  Board,  signed  by  the  president  of  said  board, 
and  countersigned  by  the  City  Auditor. 

5.  Said  Park  Board  shall  have  power  to  contract  for  and  to 
let  the  use  of  the  Fair  Park  acquired  and  now  owned  by  the 
City  of  Dallas,  heretofore  known  as  State  Fair  Grounds,  or  any 
portion  of,  or  addition  thereto,  for  public  fairs  and  public  race 
meets,  with  authority  to  sell  on  said  grounds  pools  on  horse 
races,  when  conducted  thereon  under  the  supervision  of  a  regu- 
larly chartered  Fair  Association,  and  also  for  other  public  enter- 
tainments for  limited  periods  of  time,  including  Sundays,  dur- 
ing which  admission  fees  may  be  charged  to  and  in  said  grounds 
or  any  portion  thereof,  and  all  contracts  and  arrangements 
heretofore  made  with  the  City  of  Dallas  by  its  City  Council  in 
relation  to  said  grounds  shall  be  binding  upon  and  shall  be 
observed  by  said  Park  Board,  and  in  the  performance  of  such 
contracts  and  arrangements,  the  duties,  functions  and  authority 
imposed  on  the  City  Council  or  its  committees  by  the  terms  of 
such  contract  or  arrangement,  shall  be  instead  imposed  upon 
and  assumed  by  said  Park  Board.     The  Park  Board  shall  have 


;')<;     Assessment   and    Collection   of  Taxes  Art.   VII,   Sec.    1. 

rhe  exclusive  power  to  direct,  and  control  the  improvement  and 
maintenance  of  said  grounds  and  appurtenances,  subject  to  ex- 
isting and  future  contract  rights. 

6.  The  four  Park  Commissioners  shall  possess  the  same 
qualifications  and  be  si;bject  to  the  same  disqualifications  pro- 
vided by  law  for  Commissioners  of  the  City  of  Dallas,  and  shall 
serve  without  compensation. 

The  Park  Board  may  select  such  guards  as  they  may  deem 
necessary  to  protect  the  parks  and  property  thereon  in  the  City 
of  Dallas,  and  such  guards  shall  be  commissioned  as  policemen 
by  the  proper  municipal  authorities  at  the  request  of  said  board 
but  such  persons  shall  be  under  the  control  of  the  Park  Board 
and  their  compensation  shall  be  fixed  by  said  board  and  they 
shall  be  subject  to  removal  or  dismissal  at  pleasure  and  without 
cause  by  said  board. 

7.  All  funds  arising  from  the  levy  of  the  tax  of  one-tenth  of 
one  per  cent  under  an  ordinance  passed  by  the  City  Council  of 
the  City  of  Dallas  to  pay  warrants  for  the  purchase  of  what  is 
known  as  Fair  Park,  formerly  the  property  of  the  Texas  State 
Fair,  over  the  amount  necessary  to  pay  for  said  warrants  and 
interest  thereon,  shall  be  deposited  with  the  City  Treasurer  to 
be  used  exclusively  in  acquiring  additional  ground  for  or  im- 
proving said  Fair  Park. 

ARTICLE  Vir. 
Assessment  and  Collection  of  Taxes. 

].  The  Assessor  and  Collector  of  Taxes  shall  be  under  the  im- 
mediate supervision  of  the  Commissioner  of  Finance  and 
Revenue,  who  shall  be  directly  responsible  for  the  performance 
of  all  duties  relating  to  said  office.  He  shall  assess  all  taxable 
property  in  such  manner  and  within  such  time  as  the  Board  of 
Commissioners  may  prescribe.  He  shall  make  duplicate  assess- 
ment rolls  and  on  their  completion  and  approval  by  the  Board 
of  Commissioners  shall  deliver  one  to  the  Commissioner  of  Fi- 
nance and  Revenue,  and  retain  one  for  his  use  in  collections.  He 
shall  be  authorized  to  require  property  holders  to  render  a  cor- 
rect account  of  their  property,  under  oath  or  affirmation  to  be  by 
him  administered.  He  shall  collect  all  taxes  due  the  city,  whether 
the  same  be  general,  special  assessment,  occupation,  license, 
or  otherwise,  and  shall  pay  the  same  over  to  the  City  Treasurer 
within  twenty-four  hours  of  their  collection,  making  duplicate 
receipts  therefor,  one  of  which  he  shall  retain,  and  the  other  he 
shall  turn  over  to  the  Board  of  Commisioners.  He  shall  monthly 
or    oftener,    if    required,    make    a    detailed    report    to    the  Board 


Art.    VII,   Sec.   '1.  Assessment   and    Collection   of  Taxes     7)1 

of  Commissioners  of  all  collections  made  by  him.  He  shall  be 
vigilant  and  see  that  no  business  of  any  kind  is  conducted  unless 
license  or  occupation  tax  due  therefor  shall  have  first  been  paid. 
Said  officer,  and  the  Commissioner  of  Finance  and  Revenue, 
shall  be  responsible  for  all  acts  of  the  deputies  in  said  offices. 
He  shall  be  active  in  collecting  all  delinquent  taxes  and  enforce 
their  collection  as  herein  provided,  and  as  may  be  provided  by 
ordinance.  He  shall  give  bond  in  such  amount  and  form  as  the 
Board  of  Commissioners  may  prescribe,  with  good  and  sufficient 
sureties.  The  Board  of  Commissioners  may  require  a  new  bond 
of  him,  if  in  their  opinion  the  existing  bond  is  insufficient,  and 
whenever  such  bond  is  required,  he  shall  perform  no  official  act 
unul  such  bond  shall  be  given  and  approved.  He  shall  have  all 
the  powers  and  perform  all  the  duties  herein  provided,  and  such 
others  as  the  Board  of  Commissioners  may  confer  and  prescribe. 
For  any  failure  to  deposit  with  the  City  Treasurer  within  twenty- 
four  hours  of  the  collection  thereof,  all  moneys  collected  by  him, 
the  said  Assessor  and  Collector  of  taxes  and  the  sureties  on  his 
bond  shall  be  required  to  pay  interest  at  the  rate  of  10  per  cent 
per  annum  on  such  money  until  deposited,  and  the  Board  of  Com- 
missioners shall  have  power  to  remove  said  Assessor  and  Col- 
lector of  taxes  from  office  for  failure  to  deposit  any  collections 
as  required,  and  it  shall  be  their  duty  to  remove  said  officer  for 
such  offense  if  it  shall  be  persisted  in  by  him. 

If  the  Assessor  and  Collector  of  Taxes  purposes  to  increase 
any  assessment  over  the  amount  assessed  in  the  preceding  year, 
he  shall  cause  notice  stating  the  fact  that  the  assessment  of  the 
property  owner  is  about  to  be  increased,  without  specifically 
designating  the  particular  property,  or  the  amount  to  be  in- 
creased, to  be  addressed  to  the  owner,  agent  or  representative 
thereof,  and  mailed  at  the  postoffice  in  the  City  of  Dallas,  and 
shall  give  further  notice  by  publication  for  one  day  in  some  news- 
paper published  in  the  city  of  Dallas,  and  in  such  newspaper  pub- 
lication the  names  of  as  many  owners  as  the  Assessor  and  Col- 
lector of  taxes  shall  see  fit  may  be  included  in  one  notice,  pro- 
vided, when  the  owner  is  unknown  the  newspaper  notice  shall  be 
sufficient. 

The  Assessor  and  Collector  of  Taxes  shall  have  the  power  un- 
der such  regulation  and  method  as  may  be  prescribed  by  the 
Board  of  Commissioners  by  ordinance,  to  prorate  the  taxes 
against  tracts  of  land  owned  by  different  owners  which  have 
been  taxed  together  as  one  tract,  and  to  divide  and  apportion  the 
lien  to  each  of  the  several  tracts  according  to  its  proportion  of 
the  entire  assessment. 

2.  The  Board  of  Commissioners  shall  have  full  power  to  pro- 
vide by  ordinance  for  the  prompt  collection  of  taxes  assessed. 


58     Assessment  and  Collection  of  Taxes  Art.  VII,  Sec.  3. 

levied  and  imposed  under  this  charter,  and  are  hereby  authoriz- 
ed, and  to  that  end  may  and  shall  have  full  power  and  authority 
to  sell  or  cause  to  he  sold  all  kinds  of  property,  real  and  per- 
sonal, and  may  and  shall  make  such  rules  and  regulations  and 
ordain  and  pass  all  ordinances  deemed  necessary  to  the  levying, 
laying,  imposing,  assessing  and  collecting  of  any  taxes  provided 
for  in  this  charter.  Unless  otherwise  provided  by  ordinance  and 
this  act  all  property  in  such  city  liable  to  taxation  shall  be  as- 
sessed in  accordance  with  the  provisions  of  the  general  laws 
of  the  State  in  so  far  as  applicable. 

3.  The  Board  of  Commissioners  shall  have  power  by  ordi- 
nance to  regulate  the  manner  and  mode  of  making  out  tax  lists, 
inventories  and  appraisements  of  property  therein,  and  to  pre- 
scribe the  oath  that  shall  be  administered  to  each  person  on  ren- 
dition of  his  property,  and  prescribe  how,  when  and  where  prop- 
erty shall  be  rendered,  and  to  prescribe  the  number  and  form 
of  assessment  rolls  and  fix  the  duties  and  define  the  powers'  of 
City  Assessor  and  Collector,  and  adopt  such  measures  as  the 
Board  of  Commissioners  may  deem  advisable  to  secure  the  as- 
sessment of  all  property  within  the  city  limits,  and  collect  the 
tax  thereupon,  and  may  provide  a  fine  for  all  persons  neglecting, 
failing  or  refusing  to  render  their  property  for  taxation. 

4.  The  Assessor  and  Collector  of  Taxes  shall,  at  least  ten 
days  before  the  Isf  day  of  January  of  each  year,  give  public  notice 
by  hand  bills  circulated  through  the  city  and  .by  advertisement  in 
some  paper,  that  all  persons  owning  or  controlling,  as  agent  or 
otherwise,  any  personal  property  or  real  estate  subject  to  mu- 
nicipal taxation,  are  required  to  render  same  for  taxation  on  or 
before  the  1st  day  of  April  of  each  year.  All  merchants  doing 
business  in  the  city  are  required  within  the  same  time  to  fur- 
nish the  Assessor  and  Collector  of  taxes  a  true  statement,  veri- 
fied by  affidavit,  of  all  goods,  wares  and  merchandise  owned  or 
kept  on  hand  by  such  merchant  on  the  1st  day  of  January.  Any 
merchant  failing  to  comply  with  this  requirement  shall  be  liable 
to  such  fine  as  may  be  imposed  by  ordinance. 

5.  If  the  Assessor  anad  Collector  of  Taxes  shall  discover  any 
real  or  personal  property  which  was  subject  to  taxation  for  any 
previous  year,  and  which  from  any  cause  has  escaped  taxation 
for  that  year,  he  shall  assess  the  same  in  a  supplement  to  his 
next  assessment  roll  at  the  same  rate  under  which  such  property 
should  have  been  assessed  for  such  year,  stating  the  year,  and 
the  taxes  thereon  shall  be  collected  the  same  as  other  assess- 
ments; provided,  that  such  supplement  roll  may  be  made  at  any 
time  and  reported  to  the  Board  of  Commissioners  for  its  ap- 
proval, and  any  number  of  such  rolls  may  be  made  that  may  be 


Art.  VII,  Sec.  6.  Assessment  and  Collection  of  Taxes     59 

necessary.  The  taxes  assessed  in  such  supplement  rolls  for 
years  previous  to  the  approval  of  such  rolls  shall  be  due  at  once 
upon  the  approval  of  such  rolls  by  the  Board  of  Commissioners, 
and  such  taxes  may  bear  interest  at  the  rate  of  six  per  cent  per 
annum  from  the  date  on  which  the  same  would  have  been  de- 
linquent if  levied  and  assessed,  and  if  the  same  shall  not  be  paid 
within  thirty  days  after  the  date  of  such  approval,  the  City  Col- 
lector shall  proceed  to  collect  the  same  by  advertisement  and 
by  sale  of  such  property  as  soon  as  practicable;  such  advertise- 
ment and  sale  to  be  made  in  the  same  manner  and  for  the  same 
time  as  in  cases  of  the  sale  of  such  property  for  other  city  ad 
valorem  taxes,  as  prescribed  by  the  city  charter;  provided,  that 
a  misnomer  of,  or  failure  to  name  the  owner  in  the  assessment 
roll  shall  not  affect  the  validity  of  the  assessment  of  any  taxes; 
and,  provided  further,  that  when  such  taxes  have  not  been  at- 
tempted to  be  assessed  for  such  previous  year,  such  taxes  shall 
bear  interest  only  from  the  date  of  the  approval  of  the  supple- 
mental rolls.  The  Assessor  and  Collector  of  taxes  may  in  any 
year  re-assess  property  which,  because  of  irregularity  in  the  as- 
sessment, of  any  previous  year  may  have  been  improperly  as- 
sessed; such  re-assessment  shall  be  at  the  value  at  which  it 
should  have  been  assessed  in  any  such  year,  and  property  own- 
ers of  such  property  shall  take  notice  of  such  re-assessment,  if 
made  prior  to  the  1st  of  April  in  any  year,  but  if  made  after  such 
date,  notice  shall  be  given  by  the  Assessor  and  Collector  of  taxes 
as  in  case  of  the  raising  of  an  assessment.  Any  property  owner 
whose  property  has  been  re-assessed  may  appeal  to  the  Board  of 
Appeals  as  in  case  of  an  original  assessment. 

6.  The  Assessor  and  Collector  of  Taxes  shall  assess  all  prop- 
erty which  for  any  cause  has  not  been  rendered,  placing  such 
valuation  thereon  as  he  may  deem  just.  If  the  owners  of  such 
property  are  unknown,  such  assessment  may  be  made  in  the 
name  ■  "unknown." 

7.  No  irregularity  in  the  time  or  manner  of  making  or  re- 
turning the  city  assessment  rolls  or  the  approval  of  such  rolls 
shall  invalidate  any  assessment. 

8.  All  property,  real  and  personal,  shall  be  rendered  for  tax- 
ation by  the  owner  thereof  or  his  agent,  as  provided  by  the  laws 
of  the  State  for  the  rendition  of  property  for  assessment  by  the 
county;  provided,  however,  that  in  making  such  renditions  the 
owner  or  agent  shall  not  be  required  to  state  the  value  of  the 
real  property,  but  shall  furnish  to  the  Assessor  and  Collector, 
verified  by  the  oath  of  the  party  making  such  rendition,  a  full 
and  complete  list  and  schedule  of  all  property,  real  and  personal, 
belonging  to  the  person,  firm  or  corporation  in  whose  name  such 


GO     Assessment  and  Collection  of  Taxes  Art.  VJI,  Sec.  9. 

Ijroperty  is  rendered.  It  shall  be  the  duty  of  the  Asses;;or  and 
Collector  to  value  each  and  every  item  of  the  property  so  ren- 
dered in  accordance  with  the  fair  market  price  thereof  upon  a 
basis  of  valuation  to  be  applied  alike  to  all  taxpayers,  and  to 
transmit  to  the  Board  of  Commissioners  all  renditions  thus  made 
together  with  a  statement  by  him,  verified  by  his  oath,  to  the 
effect  that  he  has  truly,  fairly  and  equally  valued  all  such  prop- 
erty. The  Board  of  Commissioners,  sitting  as  a  board  of  equaliza- 
tion and  appeals,  shall  revise  the  tax  rolls,  and  it  shall  be  their 
duty  to  correct  all  unequal  assessments,  and  to  increase  or  reduce 
the  valuation  fixed  by  the  As£e:^sor  and  Collector,  as  the  case 
may  require,  so  as  to  equalize  the  basis  and  method  of  assess- 
ment adopted  for  all  st:ch  renditions.  It  shall  also  be  their  duty 
to  hear  and  fairly  determine  all  appeals  from  property  assess- 
ments fixed  by  them  or  under  their  authority.  It  shall  be  the 
duty  of  the  Board  of  Commissioners  to  adopt  such  rules  and  regu- 
lations from  time  to  time  as  to  them  may  appear  necessary  to 
secvre  complete  rendition  for  assessments  of  all  taxable  property 
in  the  city. 

The  Board  of  Commissioners  shall  cause  to  be  prepared,  as 
soon  as  practicable  after  the  tax  rolls  shall  be  revised  and  finally 
adopted,  an  alphabetical  list  of  the  taxpayers  of  the  city,  to- 
gether with  the  total  amount  of  property  assessed  against  each, 
which  list  shall  be  preserved  in  the  office  of  the  City  Secretary 
and  shall  be  accessible  to  the  public. 

9.  A  lien  is  hereby  created  on  all  property,  personal  and  real, 
in  favor  of  the  City  of  Dallas,  for  all  taxes,  ad  valorem,  occupa- 
tion or  otherwise.  Said  lien  shall  exist  from  January  in  each 
year  until  the  taxes  are  paid.  Such  lien  shall  be  prior  to  all 
other  claims,  and  no  gift,  sale,  assignment  or  transfer  of  any 
kind,  or  judicial  writ  of  any  kind,  can  ever  defeat  such  lien,  but 
the  Assessor  and  Collector  of  taxes  can  pursue  such  property, 
and  whenever  found,  may  seize  and  sell  enough  thereof  to  satisfy 
such  taxes. 

10.  If  anyone  against  whom  a  personal  tax  is  assessed,  and 
which  is  due  and  unpaid,  whether  the  same  be  delinquent  or 
not,  shall  have  removed  out  of  the  city,  or  shall  be  about  to  re- 
move out  of  the  city,  or  shall  have  removed  or  about  to  remove 
his  personal  property  out  of  the  city,  it  shall  be  the  duty  of  the 
Assessor  and  Collector  of  taxes  to  proceed  at  once  and  collect 
such  taxes  by  seizure  and  sale  of  any  personal  property  of  such 
person  to  be  found  in  the  City  of  Dallas  or  anywiiere  in  the  State 
of  Texas. 

11.  All  taxes  shall  be  payable  at  the  office  of  the  Assessor 
and  Collector  of  taxes  and  the  Board  of  Commissioners  shall  have 


Art.  VII,  Sec.  12.  Assessment  and  Collection  of  Taxes     61 

full  power  to  sell  or  cause  to  be  sold,  all  personal  and  real  prop- 
erty for  taxes  due,  and  shall  make  all  rules  and  regulations  nec- 
essary for  such  purpose. 

12.  No  demand  for  taxes  shall  be  necessary,  but  it  is  hereby 
made  the  duty  of  every  person  or  corporation  subject  to  taxation 
to  attend  at  the  office  of  the  Assessor  and  Collector  of  Taxes 
some  time  between  the  second  Monday  in  June  and  the  first  day 
of  November  in  each  year  and  pay  his  or  her  taxes.  If  any  tax- 
payer shall  fail  to  pay  such  taxes  before  the  first  day  of  Novem- 
l'"^r  after  the  same  shall  become  due,  the  same  shall  be  delin- 
quent and  bear  interest  at  the  rate  of  six  per  cent  per  annum. 
Upon  all  taxes  paid  or  collected  after  the  first  day  of  November 
the  Assessor  and  Collector  of  Taxes  shall  collect  from  the  de- 
linquent taxpayer  a  penalty  of  two  per  cent  of  the  total  amount 
of  taxes  collected  from  or  paid  by  such  taxpayei-.  On  all  taxes 
paid  or  collected  after  the  first  day  of  December  next  following 
the  time  when  such  taxes  shall  have  become  due,  the  Assessor 
and  Collector  of  taxes  shall  collect  a  penalty  of  four  per  cent  on 
the  total  amount  of  taxes  paid  or  collected.  On  all  taxes  paid 
or  collected  after  the  first  day  of  January  next  following  tlie  date 
on  which  such  taxes  shall  have  become  due,  the  Assessor  and 
Collector  of  taxes  shall  collect  a  penalty  of  six  per  cent  on  the 
total  amount  of  taxes  paid  or  collected.  On  all  taxes  paid  or  col- 
lected after  the  first  day  of  February  next  following  the  time  at 
which  such  taxes  have  become  due,  the  Assessor  and  Collector 
of  taxes  shall  collect  a  penalty  of  ten  per  cent  on  the  total 
amount  of  taxes  paid  or  collected,  which  penalty  shall  be  cumu- 
lative of  and  in  addition  to  the  interest  provided  for  by  this  sec- 
tion and  such  penalties  shall  be  an  obligation  of  the  taxpayer, 
and  be  secured  by  the  same  lien  and  collected  in  the  same  man- 
ner as  the  taxes. 

13.  The  Assessor  and  Collector  of  Taxes  shall,  by  virtue  of 
his  tax  rolls,  have  power  and  authority  to  seize  and  levy  upon 
personal  property  and  real  estate  and  sell  the  same  to  satisfy  de- 
linquent taxes.  When  he  seizes  personal  property  for  such  pur- 
poses he  shall  keep  the  same  at  the  expense  of  the  owner  until 
the  sale  is  made,  and  shall  give  notice  of  the  time  and  place  of 
sale  of  same  by  posting  a  written  notice  at  the  city  hall  door 
and  one  at  the  court  house  in  the  City  of  Dallas,  at  least  ten  days 
before  the  date  of  sale.  He  shall  sell  the  same  to  the  highest 
bidder  for  cash  for  all  taxes,  interest,  cost  and  expenses  of  car'ng 
for  said  property,  and  shall  make  an  entry  in  the  book  of  sales 
of  the  amount  realized;  all  such  sales  shall  be  made  at  any 
door  of  the  city  hall. 

14.  Before  sales  of  real  estate  are  made,  notice  of  the  time 


62     Assessment  and  Collection  of  Taxes  Art.  VII,  Sec.  15. 

and  place  of  sale,  together  with,  as  near  as  maj'  be,  a  description 
of  the  property  shall  be  given  by  posting  two  notices,  one  at  the 
court  house  and  the  other  at  the  city  hall  in  the  City  of  Dallas, 
also  by  publication  in  some  newspaper  of  the  city,  for  at  least 
three  weeks,  which  shall  contain  a  statement  of  the  amount  due 
on  each  particular  piece  of  ground;  all  such  sales  shall  be  made 
at  any  door  of  the  city  hall  specified  by  ordinance. 

15.  The  Board  of  Commissioners  shall  have  full  power  to  do, 
or  cause  to  be  done,  everything  w^hatsoever  necessary  to  enforce 
a  prompt  and  valid  assessment  and  collection  of  all  taxes  and  as- 
sessments provided  for  in  this  chapter,  and  to  make  all  regula- 
tions necessary  for  a  valid  assessment  of  such  taxes  and  for  the 
sale  of  property  for  said  taxes  and  assessment. 

16.  The  Assessor  and  Collector  of  Taxes  shall,  where  any  real 
estate  has  been  sold  for  taxes,  make  and  execute  a  deed  to  the 
purchaser  for  the  property  sold,  which  deed  shall  be  prima  facie 
evidence  of  the  following  facts: 

First.  That  the  lot  or  lots,  or  property  conveyed,  was  or  were 
subject  to  taxation  and  assessment  at  the  time  of  such  sale, 
and  at  the  time  taxes  thereon  were  levied  and  assessed,  and  that 
such  taxes  were  regularly  levied  and  assessed  in  all  respects  ac- 
cording to  law. 

Second.  That  such  taxes  were  not  paid  in  whole  or  in  part 
at  any  time  before  such  sale,  a^d  that  a  lien  existed  on  the  prop- 
erty conveyed  in  such  deed  for  taxes. 

Third.  That  the  real  estate  therein  conveyed  was  advertised 
according  to  law. 

Fourth.  That  the  propei'ty  conveyed  was  advertised  according 
to  law,  was  regularly  and  lawfully  sold  for  taxes,  which  were 
delinquent  at  the  time  of  the  advertisement  and  sale. 

Fifth.  When  such  property  shall  have  been  sold  to  the  City  of 
Dallas  or  any  other  purchaser,  at  such  sale,  either  for  general  or 
special  taxes,  the  title  acquired  by  the  city,  or  such  purchaser, 
shall  not  be  disputed  by  any  person  whomsoever,  or  for  any 
cause  whatever,  except  upon  tender  to  said  city,  or  purchaser, 
of  the  taxes  lawfully  due  on  such  property  from  which  such  sale 
was  made,  together  with  lawful  interest  thereon,  and  all  accrued 
penalties  and  costs,  as  provided  by  the  city  charter  of  the  City 
of  Dallas. 

17.  A  sale  of  personal  property  for  delinquent  taxes  shall 
convey  with  it  an  absolute  title,  and  the  owner  shall  have  no 
right  to  redeem  the  same. 


Art.   Vll,   Sec.   18.  Assessment  and   Collection   of   Taxes.. G3 

18.  The  city  shall  have  the  right  to  become  a  purchaser  of 
property  at  tax  sales,  and  the  Mayor  shall  attend  such  sales  for 
such  purpose,  and  may  empower  any  person  to  so  uid  on  bttiaif 
oi  tho  city. 

19.  Whenever  any  real  property  is  bid  off  to  the  city,  or  to 
any  individual,  for  delinquent  taxes,  the  owner  or  attorney,  or 
his  agents  may  redeem  the  same  at  any  time  within  two  years 
from  day  of  sale  by  paying  the  following  amounts:  All  taxes 
paid  or  due,  ten  per  cent  per  annum  interest  from  the  time  they 
becam.e  delinquent,  and  two  and  one-half  ($2.50)  dollars  as  costs 
on  each  piece  of  property  sold,  and  as  a  further  penalty,  a  sum 
equal  to  twenty-five  per  cent  of  the  amount  of  the  delinquent  tax 
if  redeemed  in  three  months;  fifty  per  cent  penalty  if  redeemed 
in  six  months;  seventy-five  per  cent  penalty  if  redeemed  in  one 
year,  and  one  hundred  per  cent  if  redeemed  thereafter  with- 
in two  years,  the  said  penalties  to  go  to  the  purchasers  at  tax 
sales,  whether  the  purchaser  be  the  city  or  an  individual. 

20.  If  any  real  property  sold  for  taxes  under  the  provisions 
of  this  act  shall  not  be  redeemed  within  two  years  from  the  day 
of  sale,  the  holder  of  the  tax  deed  shall  have  the  right  to  bring 
suit  in  any  district  court  in  the  County  of  Dallas  to  have  the  ab- 
solute title  to  such  real  estate,  without  any  equity  of  redemp- 
tion, vested  in  him. 

21.  All  levies  of  ad  valorem  taxes  heretofore  made  by  the  City 
of  Dallas,  and  all  assessments  heretofore  made,  and  assessment 
rolls  heretofore  placed  in  the  hands  of  the  City  Assessor  and 
Collector  of  taxes  for  collection  are  hereby  validated,  and  the 
same  shall  be  legal  and  binding,  regardless  of  any  irregularity 
that  may  exist  in  the  manner  of  making  such  levies,  and  the  mak- 
ing and  returning  of  such  assessment  rolls.  This  provision  shall 
apply  to  all  suits  and  actions  now  pending,  as  well  as  those  here- 
after prosecuted. 

22.  In  any  suit  by  the  City  of  Dallas  for  the  collection  of  any 
delinquent  tax  where  it  shall  appear  that  the  description  of  any 
property  in  the  city  assessment  rolls  shall  be  insufficient  to  iden- 
tify such  property,  the  city  shall  have  the  right  to  set  up  in  its 
pleading  a  good  description  of  the  property  intended  to  be  as- 
sessed, and  to  prove  the  same,  and  to  have  its  judgment  fore- 
closing its  tax  lien  upon  the  same,  and  personal  judgment  against 
the  owner  for  such  taxes,  the  same  as  if  such  property  were 
fully  described  upon  the  assessment  rolls. 

23.  When  the  owner  of  any  property,  or  his  agent,  shall  ren 
der  any  property  to  the  Assessor  and  Collector  of  taxes  for  as- 
sessment, and  such  property  is  assessed  in  accordance  with  the 


64     Initiative  and   Referendum  Art.  VIII,  Sec.  1. 

description  furnished  by  such  owner  or  his  agent,  the  sufficiency 
of  such  description  shall  not  he  disputed  by  such  owner  in  any 
action  or  suit  for  the  collection  of  such  taxes,  but  the  same  shall 
be  binding  upon  such  owner,  and  shall  be  sufficient  for  all  pur- 
poses of  such  assessment. 

24.  The  provisions  herein  for  the  collection  of  taxes  shall  not 
be  construed  to  prevent  the  city  from  filing  suit  in  any  court  of 
competent  jurisdiction  for  the  collection  of  any  taxes  due  on  real 
estate,  as  well  as  personal  property,  and  for  the  enforcement  of 
levies  for  such  taxes;  and  the  assessment  rolls  shall  be  prima 
facie  evidence  of  the  facts  stated  in  said  rolls  and  that  all  taxes 
assessed  on  such  rolls  have  been  regularly  levied  and  assessed 
in  accordance  with  the  provisions  of  this  charter  and  of  the  law; 
and  no  irregularity  in  the  manner  of  levying  or  assessing  taxes 
shall  invalidate  the  same  unless  it  appears  from  affirmative 
proof  that  such  irregularity  operated  injuriously  to  the  taxpayer 
attempting  to  avoid  the  payment  of  such  tax.  Nothing  in  this 
section  shall  prevent  the  Board  of  Commissioners  from  hearing 
all  complaints  as  to  erroneous  and  unjust  assessments,  and  said 
Board  of  Commissioners  is  hereby  empowered  and  it  is  hereby 
made  their  duty  to  hear  such  complaints,  and  said  Board  shall 
have  power  within  one  year  after  this  act  goes  into  effect,  and 
not  thereafter,  to  readjust,  compromise  and  settle  all  disputes 
with  reference  to  the  legality  or  validity  of  taxes  claimed  to  be 
due  by  any  person  or  persons  upon  any  real  estate  within  the 
city.  They  may  reduce  former  assessments  on  satisfactory  proof 
that  the  same  was  excessive;  such  settlements  when  certified 
to  by  the  Board  of  Commissioners  to  be  filed  with  the  Assessor 
and  Collector  of  Taxes  who  shall  accept  payment  of  taxes  in 
accordance  with  and  thereafter  a  tax  receipt  for  the  amount  of 
said  taxes  in  full  for  all  such  years  as  aforesaid  shall  be  accepted 
in  full  satisfaction  for  said  taxes. 

ARTICE  VIII. 

Initiative  and  Referendum  of  Ordinances. 

1.  Any  proposed  ordinance  may  be  submitted  to  the  Board  of 
Commissioners  by  a  petition  signed  by  registered  electors  of  the 
city  equal  in  number  to  the  percentages  hereinafter  required.  The 
signatures  to  the  petition  need  not  all  be  appended  to  one  paper, 
but  each  signer  shall  add  to  his  signature  his  place  of  residence, 
giving  street  and  number.  One  of  the  signers  of  each  paper  shall 
make  oath  before  an  officer  competent  to  administer  oaths  that 
the  statements  therein  made  are  true,  and  that  each  signature  to 
the  paper  appended  is  the  genuine  signature  of  the  person  whose 
name  purports  to  be  thereunto  subscribed.    Within  ten  days  from 


Art.  VIII,  Sec.  1.  Initiative  and  Referendum     (i5 

the  date  of  filing  such  petition  the  City  Secretary  shall  examine 
and  ascertain  whether  or  not  said  petition  is  signed  by  the  re- 
quisite number  of  qualified  electors,  and  if  necessary  the  Board 
of  Commissioners  shall  allow  him  extra  help  for  that  purpose, 
and  he  shall  attach  to  said  petition  his  certificate  showing  the  re- 
sult of  such  examination.  If  by  the  Secretary's  certificate  the 
petition  is  shown  to  be  insufficient  it  may  be  amended  within  ten 
days  from  the  date  of  said  certificate.  The  Secretary  shall, 
within  ten  days  after  such  amendment,  make  like  examinations 
of  the  amended  petition,  and  if  his  certificate  shall  show  the  same 
to  be  insufficient,  it  shall  be  returned  to  the  person  filing  the 
same,  without  prejudice,  however,  to  the  filing  of  a  new  petition 
to  the  same  effect.  If  the  petition  shall  be  found  to  be  sufficient, 
the  Secretary  shall  submit  the  same  to  the  Board  of  Commis- 
sioners without  delay. 

If  the  petition  accompanying  the  proposed  ordinance  be  signed 
by  electors  equal  in  number  to  15  per  cent  of  the  entire  vote  cast 
for  all  candidates  for  Mayor  at  the  last  preceding  general  elec- 
tion, at  which  a  Mayor  was  elected,  and  contains  a  request  that 
said  ordinance  be  submitted  forthwith  to  a  vote  of  the  pfeople  at 
a  special  election,  the  Board  of  Commissioners  shall  either: 

(a)  Pass  said  ordinance  without  alteration  within  twenty  days 
after  the  attachment  of  the  Secretary's  certificate  of  sufficiency 
to  the  accompanying  petition  (subject  to  referendary  vote  under 
the  provisions  of  this  charter,  and  if  the  ordinance  shall  be 
passed  by  the  Board  of  Commissioners,  but  shall  be  vetoed  by 
the  Mayor  and  on  reconsideration  shall  fail  of  passage  by  the 
Board  of  Commissioners,  then  within  five  days  after  determina- 
tion that  said  ordinance  shall  have  so  failed  of  final  adopted,  the 
Board  of  Commissioners  shall  proceed  to  call  a  special  election 
at  which  said  ordinance,  without  alteration,  shall  be  submitted 
to  a  vote  of  the  people;  or 

(b)  Forthwith  after  the  Secretary  shall  attach  to  the  peti- 
tion accompanying  such  ordinance  his  certificate  of  sufficiency, 
the  Board  of  Commissioners  shall  proceed  to  call  a  special  elec- 
tion, at  which  said  ordinance,  without  alteration,  shall  be  submit- 
ted to  a  vote  of  the  people. 

If  the  petition  be  signed  by  electors  equal  in  number  to  at 
least  5  per  cent,  but  less  than  15  per  cent,  of  the  entire  vote  cast 
for  all  the  candidates  for  Mayor  at  the  last  preceding  general 
election  at  which  a  :Mayor  was  elected,  then  such  ordinance,  with- 
out alteration,  shall  be  submitted  by  the  Board  of  Commission- 
ers to  a  vote  of  the  people  at  the  next  general  municipal  election 
that  shall  occur  at  any  time  after  thirty  days- from  the  date  or  the 
Secretary's  certificate  of  sufficiency  attached  to  the  petition  ac- 
companying such  ordinance. 


66     Initiative    and    Referendum  Art.    VIII,    Sec.    'I. 

The  ballots  used  when  voting  upon  said  ordinance  shall  con- 
tain the  words,  "For  the  Ordinance"  (stating  the  nature  of  the 
proposed  ordinance),  and  'Against  the  Ordinance"  (stating  the 
nature  of  the  proposed  ordinance).  If  a  majority  of  the  qualified 
electors  voting  on  said  proposed  ordinance  shall  vote  in  favor 
thereof,  such  ordinance  shall  thereupon  become  a  valid  and  bind- 
ing ordinance  of  the  city,  and  any  ordinance  proposed  by  peti- 
tion, or  which  shall  be  adopted  by  a  vote  of  the  people,  cannot  be 
repealed  or  amended  except  by  a  vote  of  the  people. 

Any  number  of  proposed  ordinances  may  be  voted  upon  at  the 
same  election,  in  accordance  with  the  provisions  of  this  section 
of  the  charter,  but  more  than  one  special  election  shall  not  be 
held  in  any  period  of  six  months. 

The  Board  of  Commissioners  may  submit  a  proposition  for  the 
repeal  of  any  such  ordinance  or  for  amendments  thereto,  to  be 
voted  upon  by  any  succeeding  general  city  election,  and  should 
such  proposition  so  submitted  receive  a  majority  of  the  votes  cast 
thereon  at  such  election,  such  ordinance  shall  be  repealed  or 
amended  accordingly. 

Whenever  any  ordinance  or  proposition  is  required  by  this 
charter  to  be  submitted  to  the  voters  of  the  city  at  any  election, 
the  City  Secretary  shall  cause  the  ordinance  or  proposition  to  be 
printed,  and  he  shall  enclose  a  printed  copy  thereof  in  an  envelop 
with  a  sample  ballot,  and  mail  the  same  to  each  voter  at  least 
ten  days  prior  to  the  election,  but  the  Board  of  Commissioners 
may  order  such  ordinance  or  proposition  to  be  printed  in  the  of- 
ficial newspaper  of  the  city  and  published,  and  may  order  that 
such  publication  shall  take  the  place  of  the  printing  and  mailing 
of  the  ordinance  or  proposition  and  of  the  sample  ballots  as  first 
above    provided. 

2.  No  ordinance  passed  by  the  Board  of  Commissioners,  e.x- 
cept  when  otherwise  required  by  the  general  laws  of  the  State,  or 
by  the  provisions  of  this  charter  respecting  street  improvements, 
and  except  an  ordinance  for  the  immediate  preservation  of  the 
public  peace,  health  or  safety,  which  contains  a  statement  of  its 
urgency  and  is  passed  by  a  four-fifths  vote  of  the  Board  of  Com- 
missioners (but  no  grant  of  any  franchise  shall  be  construed  to 
be  an  emergency  measure,  but  all  franchises  shall  be  subject  to 
the  referendary  vote  herein  provided),  shall  go  into  effect  thirty 
days  from  the  time  of  its  final  passage  and  its  approval  by  the 
Mayor;  and  if  during  said  thirty  days  a  petition  signed  by  elec- 
tors of  the  city  equal  in  number  to  at  least  fifteen  per  cent  of  the 
entire  vote  cast  for  all  candidates  for  Mayor  of  the  last  preceding 
general  election  at  which  a  Mayor  was  elected,  protesting  against 
the  passage  of  shch  ordinance,  shall  be  presented  to  the  Board  of 
Comrciss'oners,  the  eame  shall  thereupon  be  suspended  from  go- 


Art.  IX.  Recall     67 

ing  into  operation,  and  it  shall  be  the  duty  of  the  Board  of  Com- 
missioners to  reconsider  such  ordinance,  and  if  the  same  is  not 
entirely  repealed  the  Board  of  Commissioners  shall  submit  the 
ordinance,  as  is  provided  in  Section  1  of  Article  VIII  of  this  City 
Charter,  to  the  vote  of  the  electors  of  the  city,  either  at  the  next 
general  election,  or  at  a  special  municipal  election  to  be  called 
for  that  purpose,  and  such  ordinance  shall  not  go  into  effect  or 
become  operative,  unless  a  majority  of  the  qualified  electors  vot- 
ing on  the  same  shall  vote  in  favor  thereof.  Said  petition  shall 
be  in  all  respects  in  accordance  with  the  provisions  of  said  Sec- 
tion 1  of  Article  VIII,  except  as  to  the  percentage  of  signers,  an  ' 
be  examined  and  certified  by  the  Secretary,  and  in  all  respects 
as  is  therein  provided. 

ARTICLE  IX. 

Recall  of  Elective  Officers. 

The  holder  of  an  elective  office  may  be  removed  at  any  time 
by  the  qualified  voters  of  the  City  of  Dallas.  The  procedure  to  ef- 
fect the  removal  of  an  incumbent  of  an  elective  office  shall  be  as 
follows:  A  petition  signed  by  the  qualified  voters  of  said  city, 
equal  in  number  to  at  least  35  per  cent  of  the  entire  vote  cast  for 
candidates  for  the  office  of  Mayor  on  the  final  ballot  at  the  last 
preceding  general  municipal  election,  demanding  the  election  of  a 
successor  of  the  person  sought  to  be  removed,  shall  be  filed  with 
the  City  Secretary;  provided,  that  the  petition  sent  to  the  Board 
of  Commissioners  shall  contain  a  general  statement  of 
the  grounds  for  which  removal  is  sought.  The  signatures  to  the 
petition  need  not  all  be  appended  to  one  paper,  but  each  signer 
shall  add  to  his  signature  his  place  of  residence,  giving  the  street 
and  number.  One  of  the  signers  of  each  such  paper  shall  make 
oath  before  an  officer  competent  to  administer  oaths  that  the 
statements  herein  made  are  true,  and  that  each  signature  to  the 
paper  appended  is  the  genuine  signature  of  the  person  whose 
name  purports  to  be  thereunto  subscribed.  Within  ten  days 
from  the  date  of  filing  such  petition  the  City  Secretary  shall  ex- 
amine, and  from  the  list  of  qualified  voters  of  said  city,  ascertain 
whether  or  not  said  petition  is  signed  by  the  requisite  number  ol 
qualified  voters,  and  he  shall  attach  to  said  petition  his  cer- 
tificate showing  the  result  of  said  examination.  If  by  the  Secre- 
tary's certificate,  the  petition  is  shown  to  be  insufficient,  it  may 
be  amended  within  ten  days  from  the  date  of  said  certificate.  The 
City  Secretary  shall,  within  ten  days  after  such  amendmeilt, 
make  like  examination  of  the  amended  petition,  and  if  his  cer- 
tificate shall  show  the  same  to  be  insufficient,  it  shall  be  return- 
ed to  the  person  filing  the  same,  without  prejudice,  however,  te 


68     Street   Improvements  Art.  X,  Sec.  1,   (a). 

the  filing  of  a  new  petition  to  the  same  effect.  If  the  petition 
shall  be  found  to  be  sufficient,  the  City  Secretary  shall  submit 
the  same  to  the  Board  of  Commissioners  without  delay. 

If  the  petition  shall  be  found  to  be  sufficient,  the  Board  of 
Commissioners  shall  order  and  fix  a  date  for  holding  the  said 
election,  not  less  than  thirty  days,  nor  more  than  forty  days  from 
the  date  of  the -Secretary's  certificate  to  the  Board  of  Commis- 
sioners that  a   sufficient  petition  is  filed. 

The  Board  of  Commissioners  shall  maite  or  cause  to  be  made, 
publication  of  notice  and  all  arrangements  for  holding  of  such 
election,  and  the  same  shall  be  conducted,  returned  and  the  re- 
sult thereof  declared  in  all  respects  as  are  other  city  elections. 
and  a  majority  of  all  the  votes  which  shall  be  cast  at  such  elec- 
tion shall  be  necessary  to  elect.  In  the  event  no  candidate  shall 
receive  such  majority  at  the  first  election,  a  second  election  shall 
be  held  in  accordance  with  the  provisions  of  Article  III  hereof. 
The  successor  of  any  officer  so  removed  shall  hold  office  during 
the  unexpired  term  of  his  predeccessor.  Any  person  sought  to  be 
removed  may  be  a  candidate  to  succeed  himself,  and  unless  he 
requests  otherwise  in  writing,  the  City  Secretary  shall  place  nis 
name  on  the  official  ballot  without  nomination.  In  any  such  re- 
moval election  the  candidate  receiving  the  highest  number  of 
votes  shall  be  declared  elected.  At  such  election  if  some  other 
person  than  the  incumbent  receives  the  highest  number  of  votes, 
the  incumbent  shall  thereupon  be  deemed  removed  from  the  of- 
fice upon  the  qualification  of  his  successor.  In  case  the  party 
who  receives  the  highest  number  of  votes  should  fail  to  qualify 
within  ten  days  after  receiving  notification  of  election,  the  office 
shall  be  deemed  vacant.  If  the  incumbent  receives  the  highest 
number  of  votes  he  shall  continue  in  office. 

ARTICLE   X. 

Street    and    Sidewalk    Improvements. 

Section  1.  The  term  'Street  Improvements"  as  embraced  in 
this  Article,  snail  include  the  improvement  of  any  street,  avenue, 
alley,  highway,  public  place  or  square,  or  any  portion  thereof, 
within  the  city,  by  filling,  grading,  raising,  macadamizing,  re-mac- 
adamizing, paving,  repairing  or  otherwise  improving  the  same,  or 
by  construction  or  reconstruction  of  sidewalks,  curbs  and  gutters. 
or  repairing  the  same;  and  shall  also  include  the  laying  out. 
opening,  narrowing,  straightening,  or  otherwise  establishing,  de- 
fining, and  locating  any  street,  avenue,  public  alley,  square,  place 
or  sidewalk;  and  said  term  shall  also  include  any  other  street 
improvement  of  a  public  nature  and  for  a  public  benefit. 

(a)     The  term  "Public  Highway,"  wherever  used  hereafter  in 


Art.  X,  Sec.  1,  (b).  Street  Improvements     69 

this  article  shall  be  deemed  to  include  any  street,  avenue,  alley, 
highway  or  public  place  or  square,  or  any  portion  thereof,  within 
the  City  of  Dallas,  dedicated  to  public  use. 

(b)  The  Board  of  Commissioners  shall  have  power  to  order 
the  improvement  of  any  public  highway  or  highways,  or  parts 
thereof,  within  the  City  of  Dallas,  and  shall  have  power  to  pre- 
scribe the  nature  and  extent  of  such  improvements. 

(c)  The  Board  of  Commissioners  shall  have  power  to  cause 
sidewalks,  curbs  and  gutters  to  be  constructed,  reconstructed,  or 
repaired,  under  and  by  virtue  of  the  terms  of  this  article  and  the 
various  subdivisions  thereof,  either  separately  or  together  with 
other  improvements;  provided,  that  the  cost  of  constructing,  re- 
constructing or  repairing  sidewalks  shall  be  borne  entirely  by 
the  owners  of  property  abutting  upon  such  sidewalks;  and  pro- 
vided that  the  right  of  the  Board  of  Commissioners  to  order  the 
construction,  reconstruction  or  repair  of  such  sidewalks,  curbs 
and  gutters,  under  the  terms  of  this  article  and  the  various  sub- 
divifrions  thereof,  shall  be  exclusive  of  and  in  addition  to,  the 
powers  hereinafter  in  this  charter  conferred  upon  such  Board  of 
Commissioners  to  order  such  improvements. 

(d)  Subject  to  the  terms  thereof,  the  cost  of  improving  any 
public  highways  may  be  paid  wholly  by  the  city,  or  partly  by  the 
city  and  partly  by  the  owners  of  property  benefited  by  such  im- 
provement and  abutting  upon  the  public  highway,  or  portion 
thereof,  ordered  to  be  improved;  provided,  that  when  any  per- 
son, firm  or  corporation  owns  any  railroad  or  street  railroad  or 
railroad  switch  of  any  kind  on  such  public  highway,  or  portion 
thereof,  ordered  to  be  improved,  such  person,  firm  or  corporation 
shall  pay  the  whole  cost  of  such  improvement  between  the  rails 
and  tracks  and  for  two  feet  on  each  side  of  the  rails  of  such  rail- 
road or  street  railroad  and  the  city  shall  be  relieved  of  the  part 
of  the  costs  to  be  paid  by  such  road.  The  pro  rata  share  of  the 
cost  of  such  improvement  payable  under  the  terms  hereof  by  any 
railroad  or  street  railroad,  or  the  owners  thereof,  together  with 
all  costs  of  collecting  the  same,  shall  be  a  special  tax  against, 
and  secured  by  a  lien  upon  the  roadbed,  ties,  rails,  fixtures,  rights 
and  franchises  of  such  railroad  or  street  railroad  and  the  owners 
thereof.  Whenever  a  contract  shall  be  let  for  any  such  improve- 
ment, the  Board  of  Commissioners  shall  levy  a  special  tax  upon 
the  roadbed,  ties,  rails,  fixtures,  rights  and  franchises  of  such 
railroad  or  street  railroad  for  the  pro  rata  share  due  from  such 
road  for  improvements  between  their  tracks  and  rails  and  two 
feet  on  each  side  thereof.  Said  tax  shall  be  levied  at  or  after 
the  time  such  contract  is  let  or  executed,  and  shall  become  due 
and  delinquent  as  the  ordinance  levying  the  same  may  specify, 
shall  be  a  lien  from  the  time  of  levy  and  the  proceeds  thereof 


70     Street   Improvements  Art.  X,   Sec.   1,    (e). 

shall  ue  used  for  the  payment  of  the  costs  of  such  improvement. 
If  sai(.  tax  be  not  paid  as  provided  for  by  ordinance,  then  collec- 
tion shdll  be  enforced,  as  the  collection  of  other  taxes,  by  adver- 
tisement and  sale  of  the  property,  rights  and  franchises  levied 
upon;  provided,  it  shall  not  be  necessary  to  sell  at  the  same  time 
as  for  delinquent  ad  valorem  taxes.  At  any  such  sale  the  City 
Tax  Collector,  or  such  other  officer  as  may  be  designated  by  the 
Board  of  Commissioners,  shall  execute  to  the  purchaser  a  deed 
similar  to  the  one  executed  when  property  is  sold  for  ad  va- 
lorem taxes.  Such  assessment  and  lien  may  also  be  enforced  by 
suit  brought  in  any  court  having  jurisdiction  thereof.  The  lien 
provided  for  shall  be  a  first  and  prior  lien  paramount  to  all  en- 
cumbrances except  taxes,  upon  the  roadbed,  ties,  rails,  fixtures, 
rights  and  franchises  of  the  person,  firm,  company  or  corporation 
owning  the  railroad  or  street  railroad  as  aforesaid. 

(e)  The  Board  of  Commissioners  shall  have  power,  by  reso- 
lution, to  order  the  mailing  of  the  public  improvements  mention- 
ed in  this  article,  or  any  of  them,  by  majority  vote,  and  the  pas- 
sage of  such  resolution  shall  De  conclusive  of  the  public  necessity 
therefor  and  the  benefits  thereof,  and  no  notice  of  such  action 
by  the  Board  of  Commissioners  shall  be  requisite  to  its  validity. 
Such  resolution  shall,  in  general  terms,  set  forth  the  nature  and 
extent  of  the  improvement  or  improvements  to  be  made,  the  sec- 
tion or  sections  of  any  public  highway  or  highways  to  be  im- 
proved, the  material  or  materials  with  which  the  improvements 
are  to  be  constructed,  and  the  method  or  methods  under  which 
the  costs  of  such  improvements  are  to  be  paid.  Sucli  resolution 
may  specify  that  said  improvements  may,  at  the  election  of  the 
Commissioners  be  constructed  from  different  materials,  and  may 
specify  different  or  alteimative  methods  of  making  such  improve- 
ments, and  providing  for  the  payment  of  the  costs  thereof. 

Upon  the  passage  of  such  resolution  it  shall  be  the  duty  of  the 
City  Engineer  to  forthwith  prepare  specifications  for  the  said  im- 
provement, which  specification  shall  embrace  the  different  ma- 
terials or  different  plans  or  methods,  under  which  the  said  im- 
provements or  part  thereof,  are  to  be  constructed  or  paid  for,  if 
such  different  materials  or  alternative  plans  or  methods  of  con- 
struction or  payment  are  specified  in  said  resolution,  and  such 
specifications  shall  also  describe  the  character  of  bond  or  bonds 
to  be  required  of  the  successful  bidder  for  the  construction  of 
said  improvements  or  the  maintenance  thereafter  as  hereinafter 
provided.  When  such  specifications  have  been  prepared,  they 
shall  be  submitted  to  the  Board  of  Commissioners  for  their  ap- 
proval. The  Board  of  Commissioners  shall  have  power  to  require 
of  the  contractor  or  contractors  to  whom  the  work  may  be  let, 
a  bond  for  the  faithful  performance  of  the  contract,  and  also  for 


Art.  X,  Sec.  1,   (f).  Street   Improvements     71 

the  maintenance  of  the  work  in  good  condition  at  the  cost  of  the 
contractor  for  a  term  not  more  than  five  j-ears  from  the  comple- 
tion thereof,  and  for  the  maintenance  thereof  by  the  contractor 
at  the  cost  of  the  city  for  an  additional  term  of  not  exceeding 
five  years  from  the  completion  of  such  work.  The  bonds  (if  any) 
required  by  the  Board  of  Commissioners  to  be  executed  by  the 
contractor,  shall  be  executed  by  such  contractor  or  contractors  to 
whom  the  "work  may  be  let,  together  with  one  corporate  surety 
acceptable  to  said  Board  of  Commissioners  which  shall  be  a  sure- 
ty company  authorized  to  do  business  within  the  State  of  Texas. 

When  specifications  have  been  adopted  for  such  improvements 
by  the  Board  of  Commissioners,  it  shall  be  the  duty  of  the  City 
Secretary,  or  such  other  officer  as  may  be  designated  by  the 
Board  of  Commissioners,  to  at  once  advertise  for  sealed  bids  for 
the  construction  of  such  improvements  in  accordance  with  the 
specifications  adopted  therefor.  Such  advertisement  shall  be 
inserted  in  a  daily  paper  of  general  circulation  in  the  City  of 
Dallas,  and  shall  state  the  time  within  which  bids  may  be  re- 
ceived as  pi-escribed  by  the  Board  of  Commissioners,  which  shall 
be  not  less  than  ten  or  more  tlian  fifteen  days  from  the  insertion 
of  said  advertisement.  Bids  shall  be  filed  with  the  City  Secre- 
tary, or  such  other  officer  as  the  Board  of  Commissioners  may 
designate,  and  shall  be  opened  and  read  in  public  meeting  of 
the  Board  of  Commissioners.  The  Board  of  Commissioners  shall 
have  the  right  to  accept  such  bids  as  it  shall  deem  most  advan- 
tageous to  the  city  and  the  owners  of  the  property  abutting  upon 
the  public  highway  named  to  be  improved,  or  may  reject  any  and 
all  bids;  and  where  an  improvement  is  ordered,  upon  different 
specications,  or  for  the  construction  of  work,  or  part  thereof, 
with  different  materials  or  under  different  plans  or  methods  of 
construction  or  payment  for  such  improvement,  the  Board  pt 
Commissioners  shall  have  full  power  after  opening  bids,  to  select 
such  methods,  plan  or  materials  for  making  said  improvement, 
or  any  part  thereof,  as  it  may  deem  best,  and  to  let  the  work  to 
such  bidder  and  upon  such  bid  as  it  may  select,  subject  to  the 
terms  thereof.  No  bid  shall  be  amended,  revised  or  changed 
after  being  filed. 

(f)  When  bids  for  such  improvements  have  been  accepted 
by  the  Board  of  Commissioners,  the  city  shall  enter  into  contract 
with  the  contractor  or  contractors  to  whom  the  work  has  been 
let  for  the  performance  thereof,  which  contracts  shall  be  exe- 
cuted in  the  name  of  the  city  by  its  Mayor  and  attested  by  the 
City  Secretary,  or  such  other  officer  as  may  be  designated  by  the 
Board  of  Commissioners,  with  the  corporate  seal.  The  contractor 
or  contractors  to  whom  the  said  work  has  been  let,  shall  execute 
such  bond  or  bonds  as  may  be  required  by  the  Board  of  Commis- 


71'     Street  Improvements  Art.  X,  Sec.  1,  (g). 

sioners,  and  as  herein  provided.  Sufh  contract  and  bonds,  if  sat- 
isfactory, shall  be  approved  by  the  Board  of  Commissioners. 

(g)  Exclusive  of  the  cost  of  making  any  improvements  be- 
tween, and  two  feet  on  each  side  of  the  traclis  and  rails  of  ra  1- 
roads  and  street  railroads,  which  cost  is  to  be  assessed  against 
and  wholly  paid  by  the  owners  of  such  railroads  and  street  rail- 
roads as  herein  provided,  and  subject  to  the  terms  hereof,  the 
City  of  Dallas,  acting  by  its  Board  of  Commissioners,  shall  have 
power  to  assess  the  whole  cost  of  constructing,  reconstructing 
and  repairing  any  sidewalk,  and  not  to  exceed  two-thirds  of  the 
cost  of  making  any  other  improvements  ordered  under  the  terms 
hereof,  against  the  owners  of  property  abutting  upon  the  public 
highway  or  highways,  or  part  or  section  thereof,  upon  which  such 
improvements  are  to  be  constructed,  and  who  are  specially  bene- 
fited thereby,  and  shall  have  power  to  fix  a  lien  against  such 
property  to  secure  the  payment  of  the  proportion  of  such  costs 
assessed  against  the  owners  of  such  property;  provided,  that  in 
no  event  shall  such  costs  be  assessed  against  such  owners  or 
their  property,  or  their  personal  liability  therefor  finally  deter- 
mined, until  after  the  hearing  hereinafter  mentioned,  and 
after  the  adjustment  of  equities  between  such  owners;  and  pro- 
vided further,  that  the  cost  assessed  against  any  property  or 
owner  thereof,  shall  not  exceed  the  amount  of  the  special  benefit 
in  enhanced  value,  which  such  property  shall  receive  from  such 
improvement. 

The  proportion  of  the  costs  of  such  improvement  which  may 
be  assessed  against  any  such  property  or  its  owners,  shall  be  in 
proportion  to  the  frontage  of  the  property  of  each  owner  to  the 
whole  frontage  of  property  on  the  public  highway  or  highways  or 
section  thereof  so  ordered  to  be  improved,  and  such  cost  shall 
be  apportioned  in  accordance  with  what  is  commonly  known 
as*  the  frontage  or  front  foot  rule ;  provided,  that  if  the  applica- 
tion of  this  rule  would,  in  the  opinion  of  the  Board  of  Commis- 
sioners, in  particular  cases,  be  unjust  or  unequal,  it  shall  be  the 
duty  of  said  Board  to  assess  and  apportion  said  costs  in  such 
proportion  as  it  may  deem  just  and  equitable,  having  in  view  the 
special  benefits  in  enhanced  value  to  be  received  by  each  owner 
of  such  property,  the  equities  of  such  owners  and  the  adjustment 
of  such  apportionment,  so  as  to  produce  a  substantial  equality  of 
benefits  received  by  and  burdens  imposed  upon  each  owner. 

The  Board  of  Commissioners  shall  also  have  power  to  provide 
that  the  proportion  of  the  said  cost  which  may  be  assessed 
against  the  said  owners  and  their  property  shall  bear  interest  at 
a  definite  rate  not  to  exceed  seven  per  cent  per  annum  when  the 
payment  thereof  is  deferred,  and  shall  have  the  power  to  include 
in  any  assessment  which  may  be  made  against  such  owners  and 
their  property,   reasonable  costs  of  collecting  the  same  where 


Art.  X,  Sec.  1,   (h).  Street   Improvements     73 

such  costs  are  incurred,  and  reasonable  attorney's  fees  where  at- 
torney's fees  are  incurred. 

(h)  The  contract  or  contracts  for  such  improvements  and  the 
bond  or  bonds  (if  any  required)  having  been  executed  and  ap- 
proved by  the  Board  of  Commissioners,  if  the  cost,  or  any  part 
thereof,  of  such  improvement  is  to  be  assessed  against  abutting 
property,  or  owners  thereof,  it  shall  be  the  duty  of  the  City  En- 
gineer to  at  once  prepare  a  written  statement  which  shall  con- 
tain the  names  of  such  persons,  firms,  corporations  or  estates,  as 
may  own  property  abutting  upon  the  section  or  sections  of  the 
public  highway  or  highways  named  to  be  improved,  the  number 
of  front  feet  owned  by  each,  and  describing  the  property  owned 
by  each,  either  by  lot  or  block  number,  or  otherwise  so  describ- 
ing such  property  as  may  be  sufficient  to  identify  the  same;  and 
such  statement  shall  also  contain  an  estimate  of  the  total  cost 
of  such  improvement,  the  proportion  and  amount  of  such  costs  to 
be  assessed  against  abutting  property  and  the  owners  thereof, 
the  amount  per  front  foot  to  be  assessed  against  abutting  proper- 
ty and  its  owners  and  the  total  estimated  amount  to  be  assessed 
against  each  owner.  Such  statement  shall  be  submitted  to  the 
Board  of  Commissioners,  and  it  shall  be  the  duty  of  the  Board  of 
Commissioners,  to  examine  the  same  and  correct  any  errors 
which  may  appear  therein,  but  no  error,  omission  or  mistake  in 
said  statement  shall  in  any  manner  invalidate  any  assessment 
made  or  lien  or  claim  of  personal  liability  fixed  thereunder 
When  such  statement  has  been  examined  and  approved  by  the 
Board  of  Commissioners,  if  said  Board  of  Commissioners  shall  have 
determined  to  assess  any  part  of  the  costs  of  said  improvements 
against  such  property  owners  and  their  property,  it  shaJl  so  de- 
clare by  resolution  directing  notice  thereof  to  be  given  to  the 
owners  aforesaid  by  publication  for  five  successive  days  in  a  daily 
newspaper  of  general  circulation  in  the  City  of  Dallas,  and  also 
by  mailing  to  said  owners  a  copy  of  said  notice  by  registered  let- 
ter deposited  in  the  postoffice  in  Dallas,  Texas,  directed  to  the 
address  of  said  owner,  if  known,  but  if  the  address  of  any  owner 
be  not  known,  then  to  the  agent  or  attorney  of  such  owner,  if 
known;  provided,  that  the  registered  letters  aforesaid  shall  be 
deposited  in  said  postoffice  not  less  than  ten  days  prior  to  the 
date  set  for  the  hearing  hereinafter  provided  .for;  and  provided 
further,  that  the  method  herein  prescribed  for  service  of  notice 
by  registered  letter  shall  be  merely  cumulative  of  the  service  of 
notice  by  publication  above  mentioned;  and  provided,  that  in  all 
cases  where  personal  service  by  registered  letter  shall  not  be 
obtained,  said  service  by  publication  shall,  nevertheless,  be 
deemed  valid  and  binding.  The  certificate  of  the  City  Secretary, 
OT  such  other  officer  as  may  be  designated  by  the  Board  of  Com- 


74     Street   Improvements  .         Art.  X,   Sec  1,    (i). 

niissioners,  to  the  effect  that  the  address  of  any  such  owner  or 
owners,  or  of  the'ir  agent  or  attorneys,  is  unknown  to  him,  and 
that  personal  service  cannot  be  had  upon  them  shall  be  deemed 
conclusive.  Any  such  owner  may,  in  writing,  waive  the  issuance 
of  such  notice  and  service  thereof,  and  accept  service.  The  notice 
aforesaid  shall  state  the  time  of  the  hearing  hereinafter  provided 
for  the  general  character  of  the  improvements  determined 
upon  by  the  Board  of  Commissioners,  the  public  highway,  or  part 
thereof,  to  be  iro.proved,  and  the  proportionate  part  and  amount 
per  front  foot  of  the  total  cost  of  the  proposed  improvement 
which  is  contemplated  shall  be  assessed  against  the  property 
and  the  owners  thereof  abutting  upon  such  highway  to  be  im- 
proved. On  the  day  stated  in  the  notice  aforesaid,  or  any  time 
thereafter  before  any  special  assessment  is  actually  levied,  any 
person,  or  firm,  or  corporation,  interested  in  any  property  which 
may  be  claimed  to  be  subject  to  assessment  for  the  purpose  of 
paying  the  cost  of  any  improvement,  in  whole  or  part,  shall  be 
entitled  to  a  full  and  fair  hearing  before  said  Board  of  Commis- 
sioners as  to  all  matters  affecting  said  property,  or  the  benefits 
thereto,  of  such  improvements,  or  any  claim  or  liability,  or  ob- 
jection to  the  making  of  such  improvement,  or  any  invalidity  or 
irregularity  in  any  of  the  proceedings  with  reference  to  making 
said  improvement,  or  any  other  objections  thereto.  Such  person, 
firm  or  corporation  shall  file  their  objections  in  writing,  and 
thereafter  the  said  Board  of  Commissioners  shall  hear  and  de- 
termine the  same,  and  full  opportunity  shall  be  given  to  the  per- 
sons, firms  or  corporations  filing  said  objections  to  produce  evi- 
dence, subpoena  witnesses  and  to  appear  in  person  or  by  attor- 
ney, and  a  full  and  fair  hearing  thereof  shall  be  given  by  the  said 
Board  of  Commissioners,  which  hearing  may  be  adjourned  from 
time  to  time  without  further  notice.  And  the  Board  of  Commis- 
sioners, shall  have  full  power  to  inquire  into  and  determine  all 
facts  necessary  to  the  adjudication  of  such  objections  and  the  as- 
certa^inment  of  special  benefits  to  such  owners  by  means  of  such 
improvements;  and  shall  render  such  judgment  and  order  in  each 
case  as  may  be  just  and  proper.  Any  objection  to  the  regularity 
ments  as  herein  provided  or  to  the  validity  of  any  assess- 
of  proceedings  with  reference  to  the  making  of  such  improve- 
ment or  adjudication  of  personal  liability  against  such  property 
or  the  owners  thereof,  shall  be  deemed  waived  unless  presented 
at  the  time  and  in  the  manner  herein  specified.  The  day  set  for 
such  hearing  shall  be  not  less  than  ten  days  from  the  date  of  the 
first  publication  of  said  notice. 

(i)  When  the  hearing  above  mentioned  has  been  concluded. 
Board  of  Commissioners  shall,  by  ordinance,  assess  against 
the  several  owners  of  property  and  against  their  property  abut- 


Art.  X,  Sec.  1,   (i).  Street  Improvements     75 

ting  upon  the  public  highway  or  highways,  or  part  thereof,  or- 
dered to  be  improved,  such  proportionate  part  of  tlie  costs  of  such 
improvement  as  by  said  Board  of  Commissioners  may  have  been 
adjudged  against  said  respective  owners  and  their  property.  Said 
ordinance  shall  fix  a  lien  upon  such  property  and  declare  the  re- 
spective owners  thereof  to  be  personally  liable  for  the  respective 
amounts  to  be  assessed;  and  shall  state  the  time  and  manner  of 
payment  of  such  assessments;  and  said  Board  of  Commissioners 
may  order  that  the  said  assessments  shall  be  payable  in  install- 
ments, and  prescribe  the  amount,  time  and  manner  of  payment  of 
such  installments,  which,  however,  except  as  hereinafter  provid- 
ed, shall  not  exceed  three,  and  the  payment  shall  not  be  deferred 
beyond  three  years  from  the  completion  of  such  improvement, 
and  its  acceptance  by  the  city.  The  said  ordinance  shall  also  pre- 
scribe the  rate  of  interest  to  be  charged  upon  deferred  payments 
provided,  the  same  shall  not  exceed  seven  per  cent  per  annum; 
and  may  provide  for  the  maturity  of  all  deferred  payments  and 
their  collection  upon  default  in  the  payment  of  any  installment  of 
principal  or  interest. 

Each  property  owner,  his  heirs,  assigns  or  successors,  hov/- 
ever,  shall  have  the  privilege  of  discharging  the  whole  amount  as- 
sessed against  him,  or  any  installment  thereof,  at  any  time  before 
maturity,  upon  payment  thereof,  with  accrued  interest.  Upon 
the  payment  by  any  property  owner  of  his  assessment  in  full,  the 
city  shall  cause  to  be  executed  by  its  Mayor  and  duly  acknowl- 
edged for  record,  a  release  of  the  lien  of  such  assessment.  The 
fact  that  more  than  one  parcel  or  lot  of  land,  the  property  of  one 
owner  or  jointly  owned  by  two  or  more  persons,  firms  or  corpora- 
tions, have  been  assessed  together  in  one  assessment,  shall  not 
invalidate  the  same  or  the  lien  thereof,  or  any  claim  of  personal 
liability  thereunder.  The  cost  of  any  such  improvement  assessed 
against  any  property  or  owner  thereof,  together  with  all  costs 
and  reasonable  expense  in  collecting  the  same,  including  reason- 
able attorney's  fees  when  incurred,  shall  constitute  a  personal 
claim  against  such  property  owner,  and  shall  be  secured  by  a  lien 
on  such  property  superior  to  all  other  liens,  claims  or  titles,  ex- 
cept city,  county  and  State  taxes,  and  such  personal  liability  and 
lien  may  be  enforced  either  by  suit  in  any  court  of  competent 
jurisdiction,  or  by  sale  in  the  same  manner,  as  far  as  applicable, 
as  sales  are  authorized  to  be  made  by  the  City  of  Dallas  for  the 
non-payment  of  taxes;  provided,  that  it  shall  not  be  necessary  to 
sell  at  the  same  time  as  for  delinquent  ad  valorem  taxes;  and  the 
Board  of  Commissioners  may,  by  resolution  or  ordinance,  make 
such  rules  and  regulations,  not  inconsistent  with  law,  as  may  be 
deem.ed  necessary  to  provide  for  the  speedy  collection  of  such 
assessments    for   improvements.      Any    error   or   omission    in    de- 


7ti     Street   Improvements  Art.  X,  Sec.  1,   (j). 

scribing  property  or  designating  the  names  of  owners,  or  any 
other  error  or  omission,  may  be  corrected  at  any  time  by  the 
Board  of  Commissioners  or  at  the  suit  of  any  interested  party. 
In  any  suit  brought  under  the  provisions  of  this  section,  it  shall 
be  proper  to  join  as  defendants  two  or  more  property  owners  who 
are  interested  in  any  single  improvement  or  any  single  contract 
for  such  improvement;  the  person  or  persons  who  own  propery 
at  the  date  of  any  ordinance  providing  for  the  assessment  thereof, 
shall  be  severally  and  personally  liable  for  their  respective 
portions  of  the  said  assessment. 

(j)  At  any  time  within  ten  days  after  the  hearing  herein 
provided  for  has  been  concluded,  any  person  or  persons,  corpoYa- 
tion  or  corporations,  having  an  interest  in  any  real  estate  which 
may  be  subject  to  assessment  under  this  act,  or  otherwise,  hav- 
ing any  financial  interest  in  such  improvement  or  improvements, 
or  in  the  manner  in  which  the  cost  thereof  is  to  be  paid,  who  may 
desire  to  contest  on  any  ground  the  validity  of  any  proceeding 
that  may  have  been  had  with  reference  to  the  making  of  such 
improvements  or  tlie  validity  in  whole  or  in  part  of  any  assess- 
ment or  lien  or  personal  liability  fixed  by  said  proceedings,  may 
institute  for  that  purpose  in  any  court  of  competent  jurisdiction. 
Any  person  or  persons,  corporation  or  corporations  who  shall  fail 
to  institute  such  suit  in  said  period  of  ten  days,  or  who  shall  fail 
to  diligently  prosecute  such  suit  in  good  faith  to  final  judgment, 
shall  be  forever  barred  from  making  any  such  contest  or  contests, 
and  this  estoppel  shall  bind  their  heirs,  successors,  administra- 
tors and  assigns.  The  City  of  Dallas  and  the  person  or  persons 
to  whom  the  contract  has  been  awarded  shall  be  made  defendants 
in  such  suit,  and  any  other  proper  parties  may  be  joined  therein. 

There  shall  be  attached  to  plaintiff's  petition  an  affidavit  of 
the  truth  of  the  matters  therein  alleged,  except  such  matters  as 
are  alleged  on  information  and  belief,  and  that  said  suit  is 
brought  in  good  faith  and  not  to  injure  or  delay  the  city  or  the 
contractor  or  any  owner  of  real  estate  abutting  on  the  improve- 
ment. Unless  the  pi'ovisions  of  this  section  are  complied  with 
by  plaintiff  or  plaintiffs,  such  suit  shall  be  dismissed  on  motion  of 
any  defendant,  and  in  that  event  plaintiff  or  plaintiffs  shall  be 
barred  and  estopped  to  the  same  extent  as  if  suit  had  not  been 
brought.  In  any  case  where  a  suit  is  brought  as  above  provided 
in  this  section,  then  the  performance  of  the  work  may  be  suspend- 
ed at  the  election  of  either  the  city  or  the  contractors  uvtil  such 
suit  shall  be  finally  determined  in  the  court  of  original  jurisdic- 
tion or  any  appellate  court  to  which  the  same  may  be  taken  by 
appeal  or  writ  of  error;  provided,  that  any  appeal  or  writ  of  error 
shall  be  perfected  within  thirty   days   from   the  adjournment  of 


Art.  X,  Sec.   1,   (k)  Street   Improvements     77 

the  term  of  court  of  original  jurisdiction  at  which  final  judgment 
was  rendered  in  such  suit;  and  provided,  that  no  appeal  or  writ 
of  error  to  review  the  judgment  of  said  court  may  thereafter  be 
taken  or  sued  out  by  either  party;  and  provided,  that  any  such 
suit  shall  be  entitled  to  precedence  in  the  courts  of  this  State, 
both  of  original  and  appellate  jurisdiction,  and  shall  be  heard  and 
determined  as  promptly  as  practicable,  and  to  that  end  either 
party  thereto  may  move  for  an  early  hearing. 

(k)  When  the  Board  of  Commissioners  shall  have  reason  to 
believe  that  the  owner  or  owners  of  any  property  may  success- 
fully claim  the  same  as  exempted  from  special  assessment,  said 
Board  of  Commissioners  may  order  that  the  improvement  shall 
not  be  made  in  front  of  or  abutting  on,  said  property,  unless 
the  owner  or  owners  shall  first  make  satisfactory  provision  for, 
or  satisfactorily  secure,  the  payment  of  the  amount  of  the 
costs  which  would  be  assessed  against  said  property  except 
for  said  exemption.  In  any  case  where  the  cost,  or  part  there- 
of, is  to  be  paid  by  such  property  owners  or  assessed  against 
their  property  and  the  contractor  to  whom  the  work  is  let 
is  required  to  look  primarily  or  wholly  to  such  property  or 
owners  thereof  for  payment  of  the  proportion  of  the  cost  of 
such  improvement  assessed  against  them,  and  the  city  is  re- 
lieved from  the  payment  of  such  proportion  of  the  cost,  and 
such  contractor  shall  not  be  obliged  to  make  such  improve- 
ments of  any  property  which  is  exempt  from  the  enforcement 
of  a  lien  for  such  improvement,  but  may  omit  the  construction 
thereof  in  front  of  such  property. 

(1)  Subject  to  the  provisions  hereof,  the  Board  of  Commis- 
sioners may,  when  deemed  just  and  proper,  order  improvements 
to  be  made  on  only  one  side  of  a  public  highway  or  highways,  or 
section  or  portion  thereof,  and  may  assess  the  cost,  or  a  portion 
thereof,  against  the  property  and  owners  of  property  abutting  on 
said  side  of  said  highway  or  highways,  or  section  or  portion  there- 
of. 

(m)  Whenever  any  error  or  mistake  shall  occur  in  any  pro- 
ceeding provided  for  by  this  act,  it  shall  be  the  duty  of  the  Board 
of  Commissioners  to  correct  the  same,  and  whenever  it  shall  have 
been  finally  determined  in  any  suit  that  any  assessment  against 
any  property  or  its  owner,  or  lien  against  such  property  or  claim 
of  personal  liability  fixed  or  attempted  to  be  fixed  under  the 
terms  hereof,  is,  for  any  reason,  invalid,  unlawful  or  unenforci- 
ble,  then  it  shall  be  the  duty  of  the  Board  of  Commissioners  to 
at  once  proceed  to  re-assess  against  such  property  and  the  owners 
thereof  such  proportion  of  the  costs  of  making  such  improve- 
ment as  may  be  proper,  lawful  and  just,  and  to  fix  a  lien  against 


TS     Street   Improvements  Art.  X,  Sec.  1   (n). 

said  property  and  declare  the  personal  liability  of  the  owner 
thereof,  and  said  Board  of  Commissioners  shall  have  power,  and 
it  shall  be  its  duty,  by  ordinance  or  resolution,  to  adopt  such  rules 
and  regulations  and  to  make  such  orders  as  shall,  in  compliance 
with  the  law,  provide  for  correcting  said  mistakes  and  making  a 
valid  re-assessnient  against  said  property  and  fixing  a  valid  lien 
thereon,  and  a  valid  personal  liability  against  the  owner  thereof; 
and  said  Board  shall  have  power,  and  it  shall  be  its  duty  to 
adopt  such  rules  and  regulations  for  a  hearing  to  the  owners  of 
said  property  before  said  re-assessment,  which  may  be  necessary 
or  proper  in  order  to  legally  bind  such  owners  and  their  property 
by  said  re-assessment;  and  shall  have  power  to  adopt  all  othel' 
rules  and  regulations  which  may  be  requisite  to  a  valid  re-assess- 
ment of  such  property  or  fixing  a  personal  liability  against  the 
owners  thereof. 

(n)  Subject  to  the  terms  hereof,  the  cost  of  any  such  im- 
provement or  improvements,  after  deducting  the  portion  of  such 
costs  which  may  be  assessed  against  any  railroad  or  street  rail- 
road and  the  portion  of  such  costs  which  may  have  been  finally 
assessed  against  property  abutting  upon  the  highway  or  high- 
ways, or  section  or  portion  thereof,  ordered  to  be  improved,  and 
against  the  owners  of  such  property,  shall  be  borne  and  paid  by 
the  city. 

(o)  In  addition  to  the  power  hereby  conferred  upon  the 
Board  of  Commissioners,  by  majority  vote,  to  order  the  construc- 
tion of  any  street  improvement  or  improvements,  as  herein  de- 
fined, and  to  assess  the  cost  thereof,  in  whole  or  part,  against 
the  owners  of  abutting  property;  whenever  the  owners  of  two- 
thirds  of  the  front  feet  of  property  abutting  upon  any  highway 
or  highways,  or  sections  or  part  thereof,  shall,  in  writing,  petition 
for  the  improvement  thereof;  and  shall,  in  said  petition,  agree  to 
pay  two-thirds  of  the  cost  of  such  improvements  in  front  of  their 
respective  property,  and  of  improving  intersections  of  streets  and 
alleys,  exclusive  of  such  cost  as  is  payable  under  the  terms  here- 
of by  railroads  or  street  railroads,  and  shall  generally  designate 
the  nature  of  the  proposed  improvements;  the  said  board  must 
order  the  construction  of  said  improvements;  provided,  only  that 
before  a  resolution  ordering  the  said  improvement  shall  be  passed 
by  the  Board  of  Commissioners,  it  shall  be  satisfied,  from  the 
said  petition  or  from  such  other  evidence  as  may  be  submitted  to 
it,  that  exclusive  of  the  cost  of  the  said  im.provemeut  to  be  paid 
by  railroads  and  street  railroads,  at  least  one-half  of  the  whole 
cost  of  said  proposed  improvement  can  be  secured  by  valid  as- 
sessment against  property  abutting  upon  the  public  highway  or 
highways,  or  section  thereof  to  be  improved,  and  the  owners 
thereof,  or  will  otherwise  be  satisfactorily  secured.     If  said  peti- 


Art.  X,  Sec.  1,   (o).  Street  Improvements     79 

tion  shall  specify  any  particular  kind  of  material  or  pavement  de- 
sired by  the  petitioners,  then  the  work  shall  be  ordered  con- 
structed with  that  material  or  pavement  only,  and  bids  taken  ac- 
cordingly; provided,  that  in  such  cases  the  petition  may  stipulate 
the  maximum  cost  per  front  foot,  cubic  or  square  yard,  at  which 
the  work  shall  be  let,  and  no  contract  shall  be  let  at  a  greater 
cost  than  is  thus  stipulated.  Where  improvements  are  ordered  to 
be  made  upon  such  petition  as  provided  in  this  sub-section,  the 
method  of  procedure  with  reference  thereto  and  with  reference 
to  assessing  the  cost  thereof  against  abutting  property  and  the 
owners  thereof,  shall,  subject  to  the  special  provisions  of  this  sub- 
section o,  be  in  accordance  with  the  terms  and  provisions  of 
this  article.  Where  improvements  are  to  be  made  upon  such 
petition  and  as  provided  by  this  sub-section,  the  work  shall  not 
actually  be  begun  until  two-thirds  of  the  cost  of  said  improve- 
ment, exclusive  of  the  part  of  the  cost  to  be  paid  by  railroads  or 
street  railroads,  shall  have  been  assessed  against  the  property 
abutting  upon  the  public  highway  or  highways,  or  section  thereof, 
to  be  improved,  and  against  the  owners  of  such  property,  in  the 
manner  hereinbefore  provided  in  this  section;  provided,  however, 
that  no  assessment  shall  be  made,  claim  of  personal  liability 
fixed  against  any  such  property  or  the  owners  thereof,  except  af- 
ter the  hearing  as  hereinbefore  provided,  nor  for  a  greater 
amount  than  the  special  benefit  in  enhanced  value  accruing  to 
such  property  and  its  owners;  and  provided,  that  whenever,  af- 
ter such  assessment,  the  Board  of  Commissioners  shall  be  of  the 
opinion  that  an  assessment  against  any  property  and  the  lien 
thereby  fixed  can  not  be  enforced  on  account  of  the  exemption 
of  such  property,  the  Board  of  Commissioners  may  direct  that 
such  improvement  shall  not  be  made  in  front  of  such  property, 
or  may  require  the  owner  of  such  property  to  pay  or  secure  the 
payment  of  the  pro  rata  amount  of  said  cost  assessed  against 
such  property  before  such  improvement  shall  be  made  In  front 
of  the  same.  Where  improvements  are  made  under  the  terms 
of  this  sub-section  o,  and  the  cost,  or  part  thereof,  is  assessed 
against  the  abutting  property  or  the  owners  thereof,  the  propor- 
tion of  the  cost  assessed  against  them'  and  their  property  shall 
he  payable  to  the  City  of  Dallas  in  ten  annual  installments,  the 
first  of  which  shall  become  due  one  year  from  the  completion  of 
said  work,  and  its  acceptance  by  the  city;  said  installments  shall 
bear  interest  as  hereinbefore  provided,  at  seven  per  cent  per  an- 
num, and  shall  otherwise  be  subject  to  the  provisions  of  this 
article  as  to  similar  assessments  and  the  payment  thereof.  When 
improvements  are  made  under  the  terms  of  this  sub-section,  the 
city  may,  out  of  the  permanent  street  improvement  fund  herein- 
after defined,  or  out  of  any  other  fund  which  may  be  available. 


80     Street   Improvements  Art.  X,  See.  1,   (p). 

pay  to  the  contractor  the  whole  cost  of  such  iniproveiiunt,  sub- 
ject to  the  terms  of  the  contract  or  contracts  entered  into  there- 
for, except  such  proportion  of  the  cost  as  may  be  assessed  against 
railroads  or  street  railroads  as  herein  provided;  but  two-thirds  of 
said  cost  paid  by  the  city  and  assessed  against  said  property  and 
the  owners  thereof,  or  secured  by  them  to  the  city,  shall  be  re- 
paid by  such  owners  to  the  city  in  installments  and  with  inter- 
est as  herein  set  forth;  provided,  that  any  property  owner  may 
pay  the  whole  amount  assessed  against  him  and  his  property  in 
cash  to  the  city  at  any  time.  Such  payments  shall  become  a  part 
of,  and  sacredly  preserved  in,  said  street  improvement  fund,  but 
any  part  of  said  fund  may  be  used  and  invested  and  re-invested 
by  the  city  for  making  other  permanent  street  improvements,  pro- 
vided, that  sums  so  used  or  re-invested,  shall  be  secured  by  as- 
sessments against  property  abutting  upon  such  improvement  and 
the  owners  thereof. 

(p)  Where  public  improvements  are  ordered  to  be  made  oth- 
erwise than  upon  such  petition  and  in  the  manner  set  forth  in 
sub-section  (o)  hereof,  the  cost,  or  part  thereof,  may  be  assessed 
against  abutting  property  and  its  owners,  as  herein  provided,  and 
in  such  cases  the  Board  of  Commissioners  may  provide  that  for 
that  part  of  the  cost  which  may  be  assessed  against  such  proper- 
ty and  its  owners,  the  contractor,  to  whom  the  work  may  be  let, 
shall  look  only  to  such  property  owners  and  their  property,  and 
that  the  city  shall  be  relieved  of  liability  for  such  portion  of  the 
cost.  The  Board  of  Commissioners  may  also  authorize  assignable 
certificates  against  abutting  property  or  property  owners,  or 
against  persons,  firm^,  or  corporations  using  or  occupying  the 
public  highways  to  be  issued  to  the  contractor  or  to  the  city  and 
shall  prescribe  the  form  and  terms  of  such  certificate.  The  re- 
cital in  such  certificate  that  the  proceedings  with  reference  to 
making  such  improvements  have  been  regularly  had  in  compli- 
ance with  the  terms  hereof,  and  that  all.  prerequisites  to  the  fix- 
ing of  the  lien  and  claim  of  personal  liability  evidenced  by  such 
certificate,  have  been  performed,  shall  be  prima  facie  evidence  of 
the  facts  so  recited,  and  no  other  proof  thereof  shall  be  required, 
but  in  all  courts  the  said  proceedings  and  prerequisites  shall, 
without  further  proof,  be  presumed  to  have  been  had  or  per- 
formed. Such  certificates  shall  be  executed  by  the  Mayor  and 
attested  by  the  City  Secretary,  or  such  other  officer  as  may  be 
designated  by  the  Board  of  Commissioners,  with  the  corporate 
seal. 

(q)  The  city  hsall  have  power  to  borrow  money  on  its  credit, 
and  the  Board  of  Commissioners  may  by  ordinance,  authorize  the 
issuance  by  the  city  of  its  negotiable  coupon  bonds  for  the  pur- 
pose of  making  permanent  street  improvements  as  embraced  in 


Art.  X.   Sec.  ],   (r).  Street   Improvements     M 

the  terms  of  this  article.  Such  bonds  shall  bear  interest  at  the 
rate  of  not  more  than  five  per  cent  per  annum,  payable  in  semi- 
annual installments,  and  the  principal  thereof  shall  be  payable 
in  not  less  than  forty  years  from  their  date.  Such  bonds  shall 
otherwise  be  issued  and  executed  in  accordance  with  the  terms 
of  this  charter  with  reference  to  the  issuance  of  other  bonds;  pro- 
vided, that  no  such  bonds  shall  be  issued  unless  the  question  of 
such  issue  shall  first  be  submitted  ''r-  a  vote  of  the  qualified  prop 
erty  taxpayers,  and  the  same  shall  be  approved  at  such  election 
in  accordance  with  the  provisions  of  this  act  applicable  thereto. 

The  city  may,  for  the  purpose  of  making  permanent  street  im- 
provements and  providing  for  the  interest  and  sinking  fund  of 
said  bonds,  levy  an  annual  tax  of  twenty-five  (.25)  cents  on  each 
one  hundred  (100)  dollars  of  taxable  property  within  the  city, 
provided  the  same  shall  first  be  approved  by  a  majority  of  the 
qualified  property  taxpayers  voting  thereon  at  an  election  where- 
in the  question  of  such  levy  is  submitted  to  a  vote  of  such  tax- 
payers. Of  such  tax,  so  much  as  may  be  necessary,  shall  after 
such  election  and  without  any  further  submission  to  a  vote  of 
•  such  taxpayers,  be  annually  levied  for  the  purpose  of  paying  in- 
terest on.  and  providing  for  the  sinking  fund  of,  such  bonds;  and 
so  much  as  may  be  necessary  of  the  proceeds  of  said  tax  shall 
be  applied  to  these  purposes.  The  remainder  of  the  proceeds 
of  such  tax  shall,  together  with  the  special  assessments  col- 
lected by  the  city  upon  abutting  property  or  its  owners,  for 
street  improvements,  become  part  of  a  special  and  sacred  fund 
to  be  known  as  the  Permanent  Street  Improvement  Fund;  whic. 
fund  shall  be  used  or  advanced  only  for  the  payment  of  the  cost, 
or  part  thereof,  of  any  permanent  street  improvement  constructed 
under  the  terms  of  this  section.  The  Board  of  Commissioners 
shall  have  authority  to  sell  the  said  bonds  and  apply  the  proceeds 
of  the  said  sale  to  the  purpose  of  making  suca  permanent  street 
improvements,  but  the  said  bonds  shall  not  be  sold  for  less  than 
par.  Such  bonds  shall  not  be  sold  by  the  city  until  approved  by 
the  Attorney  General  of  the  State  and  registered  by  the  Comp- 
troller in  accordance  with  the  provisions  of  this  charter. 

(r)  Whereas,  the  City  of  Dallas  has  entered  into  contracts 
for  the  purpose  of  making  sundry  improvements,  and  may  enter 
into  other  such  contracts  before  thi.^  act  shall  take  effect,  under 
which  contracts  it  is  contemplated  or  may  be  provided  that  all 
or  part  of  the  cost  of  such  improvements  shall  be  assessed 
against  property  abutting  upon  the  streets  or  highways  upon 
which  said  improvements  are  to  be  made,  and  the  owners  thereof, 
and  further  procedure  is  or  may  be  necessary  to  carry  into  effect 
such  contracts  and  fully  effect  said  assessments,  and  to  pi'ovide 
for  the  collection  thereof;    therefore,  notwithstanrling  the  repeal 


82     Sidewalk  Improvements  Art.  X,  Sec.  2,  (a). 

hereby  of  the  existing  charter  of  the  City  of  Dallas,  and  its 
amendments,  the  said  existing  charter  and  amendments  and  the 
ordinances  of  said  city  shall  remain  in  full  force  and  effect  for 
the  purpose  only  of  carrying  into  effect  such  contracts  as  have 
been  or  may  be  entered  into  under  such  existing  charter  and  its 
amendments  and  the  said  ordinances;  and  the  Board  of  Commis- 
sioners, created  and  authorized  by  this  charter,  are  hereby  au- 
thorized and  directed,  and  it  is  hereby  made  their  duty,  to  do 
and  perform  or  cause  to  be  done  and  performed  all  things  which, 
by  said  existing  charter  and  its  amendments  and  the  ordinances 
of  said  city,  the  City  Council  of  said  city,  and  officers  thereof,  act- 
ing thereunder,  are  now  authorized  or  permitted  to  do  in  order 
to  carry  into  effect  the  terms  of  said  contracts  and  to  assess  the 
cost  of  improvements  against  such  property  and  its  owners,  and 
to  provide  for  the  collection  of  said  assessments,  and  to  provide 
for  the  issuance  of  assignable  certificates  therefor;  and  to  do  and 
perform  any  other  act  or  thing  which  may  be  necessary  under 
the  said  existing  charter  and  the  amendments  thereto  and  ordi- 
nances of  said  city  to  give  effect  to  said  contracts  and  to  provide 
for  the  enforcement  thereof. 

(s)  The  passage  by  the  Board  of  Commissioners  of  an  ordi- 
nance finally  assessing  against  any  property,  or  the  owner  there- 
of, the  cost,  or  part  thereof,  of  any  improvement,  and  fixing  a 
lien  upon  such  property,  shall  operate  as  notice  of  such  assess- 
ment and  lien  as  against  all  creditors  of  the  owners  of  such 
property,  and  all  purchasers  thereof,  and  the  lien  thereby  fixed 
shall,  without  further  record  or  proceedings,  be  effective  against 
such  creditors  or  purchasers. 

Sec.  2.  The  term  "Sidewalk"  as  embraced  in  this  article  shall 
also  include  curbs.  The  City  of  Dallas,  acting  by  its  Board  of 
Commissioners,  is  hereby  empowered  to  construct,  reconstruct, 
repair  or  cause  to  be  constructed,  reconstructed  or  repaired  side- 
walks upon  or  along  any  street  or  avenue  or  public  place,  square 
or  alley,  or  any  part  or  section  thereof,  within  the  said  city;  and 
to  asse&s  the  whole  cost  of  the  said  sidewalks  or  part  of  same 
against  the  property  which  shall  abut  or  front  thereon  and  the 
owners  thereof,  except  the  cost  of  excavation  or  grading,  which 
shall  be  borne  by  the  city. 

(a)  The  power  to  construct,  reconstruct  or  repair  said  side- 
walks, or  cause  the  same  to  be  constructed,  reconstructed  or  re- 
paired, as  provided  in  this  section,  and  the  procedure  and  methods 
herein  provided,  shall  be  exclusive  of,  and  in  addition  to,  such 
powers  as  are  conferred  and  such  procedure  and  methods  as  are 
set  forth  in  Section  1  of  this  article  and  sub-sections  thereunder. 

(b)  The  Board  of  Commissioners  shall  have  power,  in  their 


Art.   X.   Sec.   2,    (c)  Sidewalk    Improvements     S3 

discretion  by  resolution  passed  by  a  majority  vote,  to  order  the 
construction,  reconstruction  or  repair  of  sidewalks,  as  herein 
provided,  along  or  upon  any  street  or  avenue,  public  place, 
alley,  or  square,  or  part  of  section  thereof  within  the  city,  or 
in  front  of  any  property  abutting  upon  the  same.  No  notice  of 
the  passage  of  said  resolution  shall  be  necessary.  Such  resolu- 
tion shall,  in  general  terms,  describe  the  sidewalk  ordered  to 
be  constructed,  reconstructed  or  repaired,  the  materials  of 
which  it  is  to  be  constructed  or  repaired,  and  the  street,  avenue, 
alley,  square  or  place,  or  part  or  section  thereof,  along  which 
said  sidewalk  is  to  be  constructed,  reconstructed  or  repaired. 

(c)  Upon  the  passage  of  the  said  resolution,  it  shall  be  the 
duty  of  the  City  Engineer  to  forthwith  prepare  and  present  to 
the  said  Board  of  Commissioners  specifications  for  the  said 
sidewalks  or  repairs  for  same,  detailing  the  manner  of  construc- 
tion, reconstruction  or  repair  thereof,  and  the  material  or 
materials  of  which  the  same  is  to  be  constructed,  reconstructed 
or  repaired.  If  satisfactory,  the  Board  of  Commisisoners  shall 
approve  the  said  specifications  and  the  same  shall  remain  on 
file  in  the  office  of  the  City  Engineer. 

(d)  Upon  the  approval  of  said  specifications,  the  City  En- 
gineer shall  at  once  prepare  and  file  with  said  Board  of  Com- 
missioners statement  consisting  of  the  name  or  names  of  the 
owner  or  owners  of  property  abutting  upon  the  street,  avenue, 
alley,  public  place  or  square,  or  part  or  section  thereof,  where 
sidewalks  are  ordered  to  be  constructed,  reconstructed  or  re- 
paired, and  a  brief  description  of  the  property  of  each  owner, 
which  may  be  by  lot  and  block  number,  or  any  other  description 
which  shall  be  sufficient  to  identify  the  same,  together  with  an 
estimate  of  the  cost  of  the  said  sidewalk  or  the  repair  of  same 
in  front  of  the  property  of  each  owner,  exclusive  of  the  cost 
of  grading  and  excavation.  Upon  the  filing  of  said  statement, 
it  shall  be  the  duty  of  the  City  Secretary,  or  such  other  officer 
as  may  be  designated  by  the  Board,  of  Commissioners,  to  pub- 
lish in  a  daily  newspaper  of  general  circulation  within  the  City 
of  Dallas  a  notice  to  the  owner  or  owners  of  property  in  front 
of  which  said  sidewalk  or  sidewalks  are  to  be  constructed, 
reconstructed  or  repaired,  which  notice  shall  briefly  recite  the 
fact  that  sidewalks  have  been  ordered  to  be  constructed,  re- 
constructed or  repaired  by  the  Board  of  Commissioners,  and 
state  the  street,  avenue,  alley,  place  or  square,  or  section  or 
part  thereof,  along  which  the  same  are  ordered  to  be  con- 
structed, reconstructed  or  repaired,  and  that  plans  and  speci- 
fications for  such  work  have  been  adopted  by  the  Board  of 
Commissioners  and  are  on  file  in  the  office  of  the  City  Engineer, 
and  notifying  the  owners  of  property  abutting  upon   such  pro- 


N)     Sidewalk   Improvements  Art.  X,  Sec.  2,  (e). 

posed  sidewalk  or  sidewalks  to  couslruci,  reconstruct  or  repair 
same  in  accordance  with  said  resolution  and  specifications  with- 
in thirty  days  from  the  publication  of  the  said  notice. 

The  Board  of  Commissioners  shall  have  power  to  adopt  rules 
and  regulations  for  giving  additional  notice  to  the  owner  or 
owners  of  such  property  in  such  manner  as  may  be  by  said 
Board  of  Commissioners  prescribed,  or  for  personal  service  of 
notice  upon  property  owners,  but  any  such  notice  shall  be  In 
addition  to,  and  cumulative  of,  the  advertisement  aboye  provided 
for,  and  service  of  notice  by  such  advertisement  shall  be  deemed 
sufficient  without  further  t)r  additional  notice. 

(e)  The  owner  or  owners  of  property  abutting  upon  the 
-street,  avenue,  public  alley,  place  or  square,  or  part  or  section 
thereof,  along  which  sidewalks  are  ordered  to  be  constructed, 
reconstructed  or  repaired,  shall,  within  thirty  days  from  the 
publication  of  such  notice,  construct,  reconstruct  or  repair  the 
said  sidewalks  in  accordance  with  such  specifications,  at  his 
or  their  own  cost  and  expense,  except  the  cost  of  excavating 
and  grading,  which  shall  be  borne  by  the  city. 

(f)  The  failure  of  any  owner  or  owners  of  property  in 
front  of  whose  property  sidewalks  have  been  ordered  to  be 
constructed,  reconstructed  or  repaired,  under  the  terms  hereof, 
to  construct,  reconstruct  or  repair  the  same  as  herein  provided, 
within  thirty  days  from  the  giving  of  the  said  notice,  is  hereby 
declared  to  be  a  public  nuisance,  and  the  city,  acting  by  its 
Board  of  Commissioners,  is  hereby  authorized,  by  ordinance, 
to  declare  the  failure  to  so  construct,  reconstruct  or  repair  such 
sidewalks  an  offense  against  the  criminal  ordinances  of  said 
city,  and  to  declare  each  day  wherein  the  owner  of  such  prop- 
erty shall  neglect  to  so  construct,  reconstruct  or  repair  said 
sidewalk  after  said  thirty  days  a  separate  offense,  and  to  im- 
pose a  penalty  for  such  offense  by  fine  upon  conviction  in  the 
corporation  court  not  exceeding  one  hundred  ($100)  dollars. 

(g)  If  the  owner  or  owners  of  any  property  in  front  of  which 
sidewalks  are  ordered  to  be  constructed,  reconstructed  or  re- 
paired, under  the  terms  hereof,  shall  not,  within  thirty  days 
from  the  publication  of  said  notice,  have  so  constructed,  recon- 
structed or  repaired  said  sidewalk,  the  Board  of  Commisisoners 
shall  have  power,  by  resolution,  and  it  shall  be  their  duty,  to 
order  their  construction,  reconstruction  or  repair  by  the  city, 
and  to  cause  the  same  to  be  constructed,  reconstructed  or  re- 
paired either  direct  by  the  city  or  to  let  the  work  of  construc- 
tion, reconstruction,  or  repairing  the  same  by  contract  under 
such  rules  and  regulations  as  may  be  adopted  by  the  Board  of 
Commissioners,  and  with  or  without  competitive  bidding,  at 
the  discretion  of  the  Board  of  Commissioners. 


Art.  X,   Sec.  '2,    (h).  Sidewalk    Improvements     85 

(h)  Whenever  the  city  shall  have  constructed,  reconstructed 
or  repaired,  or  caused  to  be  constructed,  reconstructed  or 
repaired  any  sidewalk,  as  herein  provided,  the  Board  of  Com- 
missioners shall  have  power  to  assess  the  whole  cost  thereof, 
e.xcept  the  cost  of  excavation  and  grading,  which  shall  be  borne 
by  the  city,  against  the  property  abutting  upon  the  street,  ave- 
nue, alley,  place  or  square,  upon  which  sidewalks  shall  have 
been  constructed,  reconstructed  or  repaired,  and  the  owner 
or  owners  thereof;  provided  that  no  assessment  shall  be  made 
against  any  property,  or  its  owner  or  owners,  or  personal 
liabilty  declared  unless  the  said  property  shall  be  specifically 
benefited  by  the  construction,  reconstruction  or  repair  of  the 
said  sidewalk,  nor  for  any  sum  in  excess  of  the  special  benefit 
In  enhanced  value  which  shall  accrue  to  the  said  property  and 
its  owner  from  the  construction,  reconstruction  or  repair  of 
the  said  sidewalk.  When  such  sidewalk  is  'ordered  to  be  con- 
structed, reconstructed  or  repaired  in  front  of  the  property  of 
one  owner,  subject  to  the  terms  hereof,  the  cost  of  such  side- 
walk shall  be  assessed  against  such  prbpei'ty,  and  the  owner 
thereof.  Where  sidewalks  are  ordered  to  be  constructed,  re- 
constructed or  repaired  In  front  of  the  property  of  more  than 
one  owner,  or  in  front  of  more  than  one  lot  along  any  street, 
public  alley,  square  or  place,  or  part  or  section  thereof,  the 
cost  of  construction,  reconstruction  or  repair  of  the  said  side- 
walk in  front  of  the  property  of  each  owner  shall  be  assessed 
against  such  owner  and  his  property  separately  and  a  separate 
liability  against  such  owner  declared. 

(i)  No  assessment  for  the  cost  of  such  sidewalk  shall  be 
made  against  any  property  or  its  owner,  until  the  Board  of 
Coro.missioners  shall  have  first  so  declared,  by  resolution,  direct- 
ing notice  thereof  to  be  given  to  the  owner  or  owners  of  such 
property.  Said  notice  shall  be  given  by  advertising  the  same  in 
a  dally  newspaper  of  general  circulation  in  the  City  of  Dallas 
for  three  consecutive  days,  and  also  by  mailing  to  said  owner 
or  owners  a  copy  of  said  notice  by  registered  letter  deposited 
in  the  post  office  of  Dallas,  directed  to  the  address  of  said 
owner,  if  known,  but  if  the  address  of  any  owner  be  not  known, 
then  to  the  agent  or  attorney  of  such  owner,  if  known;  pro- 
vided, that  the  letters  aforesaid  shall  be  deposited  in  the  post 
office  not  less  than  five  days  prior  to  the  date  set  for  the 
hearing  hereinafter  mentioned;  and  provided,  further  that  the 
method  herein  prescribed  for  service  or  notice  by  registered 
letter  shall  be  merely  cumulative  of  the  service  of  notice  by 
publication  above  mentioned;  and  provided,  that  in  all  cases 
where  personal  service  by  letter  shall  not  be  obtained,  the 
service  by  publication  shall  be  deemed  valid  and  binding.     The 


86     Sidewalk   Improvements  Art.  X,  Sec.  2,   (j). 

notice  aforesaid  shall  siate  the  time  of  the  hearing  hereinafter 
mentioned,  the  general  character  of  the  sidewalk  ordered  to 
be  constructed,  reconstructed  or  repaired,  the  street,  avenue, 
public  alley,  square  or  place,  or  part  or  section  thereof,  along 
which  the  same  has  been  constructed,  reconstructed  or  repaired, 
and  that  the  cost  of  the  said  work  is  proposed  to  be  assessed 
against  the  owner  or  owners  of  property  abutting  thereon,  and 
the  date  set  for  the  hearing.  Said  hearing  shall  be  not  less 
than  one  week  from  the  date  of  the  first  publication  of  the  said 
notice.  On  the  date  stated  in  the  notice  aforesaid,  or  at  any 
time  thereafter,  before  any  assessment  is  actually  levied,  any 
person  or  corporation  interested  in  any  property  which  may  be 
claimed  to  be  subject  to  assessment  for  the  purpose  of  paying 
the  cost  of  said  sidewalks,  or  any  other  objection  thereto.  Such 
objection  shall  be  entitled  to  a  full  and  fair  hearing  before  the 
Board  of  Commissioners  as  to  all  matters  affecting  said  property 
or  the  benefits  thereto,  of  such  construction,  reconstruction  oi 
repair  of  such  sidewalk,  or  as  to  any  personal  liability  therefor, 
or  as  to  any  irregularity  or  invalidity  in  the  proceedings  with 
reference  to  constructing,  reconstructing  or  repairing  said  side- 
walks, or  any  other  objection  thereto.  Such  objection  shall  be 
filed  in  writing  specifying  the  nature  thereof,  and  full  oppor- 
tunity shall  be  given  to  the  person  or  corporation  filing  the  same 
to  produce  evidence,  subpoena  witnesses,  and  to  appear  in 
person  or  by  attorney,  and  a  full  and  fair  hearing  thereof  shall 
be  given  by  the  said  board;  which  hearing  may  be  adjourned 
from  time  to  time  without  further  notice. 

The  Board  of  Commissioners  shall  have  power  to  inquire  into 
and  determine  all  facts  necessary  to  the  adjudication  of  such 
objections  and  the  ascertainment  of  special  benefits  to  the  own- 
ers by  means  of  the  construction,  reconstruction  or  repair  of 
such  sidewalk,  and  shall  render  such  judgment  or  order  in, 
each  case  as  may  be  just  and  proper. 

Any  objection  to  the  regularity  of  proceedings  with  refer- 
ence to  the  construction,  reconstruction  or  repair  of  such  side- 
walk, or  to  the  validity  of  any  assessment,  or  the  determination 
of  personal  liability  against  such  property  or  its  owners,  shal. 
be  deemed  waived  unless  presented  at  the  time  and  in  thi 
manner  herein  specified. 

(j)  When  the  hearing  above  mentioned  has  been  concluded, 
the  Board  of  Commissioners  shall,  by  ordinance,  assess  against 
the  owner  or  owners  of  property,  or  against  their  property 
abutting  upon  the  sidewalks  so  constructed,  reconstructed  or 
repaired,  the  cost  of  constructing,  reconstructing  or  repairing 
such  sidewalk  in  front  of  the  property  of  each  owner  and 
adjudge  and    declare    a    personal    liability   against    such   owner 


Art.  X,  Sec.  2,   (k).  Sidewalk   Improvements     87 

or  owner  thereof,  if  it  shall  have  been  determined  by  the  board 
upon  such  hearing  that  said  dfwner  or  owners  and  their  property 
have  been  benefited  in  the  enhanced  value  of  said  property  in 
an  amount  at  least  equal  to  such  cost;  but  if,  in  any  case,  it 
shall  have  been  determined  on  such  hearing  that  the  property 
of  any  owner  is  not  benefited  in  enhanced  value  by  such  con- 
struction, reconstruction  or  repair  of  such  sidewalk,  then  no 
assessment  shall  be  made  against  the  property  of  such  owner; 
or  if,  after  such  hearing,  it  shall  be  determined  by  said  board 
that  said  property  has  been  benefited  in  enhanced  value  in  any 
amount  less  than  the  cost  of  the  construction,  reconstruction 
or  repair  thereof,  then  said  Board  of  Commissioners  shall  assess 
against  said  owner  and  his  property  only  such  amount  as  shall 
equal  the  benefit  received  by  such  owner  and  his  property.  The 
ordinance  making  the  said  assessment  shall  fix  a  lien  upon  the 
property  of  each  owner  or  owners  and  declare  the  owner  or 
owners  thereof  to  be  personally  liable  for  the  respective  amounts 
which  may  be  against  them  assessed;  and  shall  state  the  time 
at  which  the  said  assessments  shall  be  paid,  which  shall  not 
be  longer  than  thirty  days  from  the  date  of  making  the  same. 
Such  assessment  shall  bear  interest  from  the  date  of  making 
the  same  until  paid  at  the  rate  of  eight  per  cent  per  annum. 

(k)  The  amount  assessed  under  the  terms  hereof  against 
any  property,  or  owner  thereof,  shall  be  secured  by  a  lien  upon 
said  property,  and  shall  constitute  a  personal  liability  against 
the  owner  or  owners  thereof  in  favor  of  the  City  of  Dallas, 
and  the  said  liability  and  lien  may  be  enforced  either  by  suit 
in  any  court  of  competent  jurisdiction,  or  by  sale  of  such  prop- 
erty of  said  owner  or  owners,  in  the  manner  provided  by  law 
and  this  charter  for  the  sale  of  property  for  other  taxes.  Said 
assessment  shall  include  all  costs  and  expenses  of  collecting 
the  same  where  such  costs  are  incurred,  including  reasonable 
attorney's  fees  where  such  attorney's  fees  are  incurred.  In  all 
cases  where  sale  of  any  property  shall  be  made  for  non-payment 
of  such  assessment  or  assessments  in  the  manner  provided  for 
the  sale  of  property  for  non-payment  of  other  taxes,  such  sale 
shall  be  made  by  the  Tax  Collector  of  the  City  of  Dallas,  or 
such  other  officer  as  may  be  designated  by  the  Board  of  Com- 
missioners, and  the  deed  executed  by  saiu  Tax  Collector,  or 
such  other  officer  as  may  be  designated  by  the  Board  of  Com- 
missioners, and  the  recital  in  the  deed  of  such  Tax  Collector, 
or  such  other  officer  as  may  be  designated  by  the  Board  of 
Commissioners,  that  all  legal  pre-requisites  to  said  sale  have 
been  complied  with,  shall  be  prima  facie  evidence  of  the  truth 
of  the  facts  so  recited,  which  facts  shall,  in  all  courts  of  law 
and   equity,   be   presumed   to   be   true   without   further   evidence 


SS      Public   Utilities  Art.  XT,  Sec.   1. 

thereof.  The  Board  of  Commissioners  nui.\ ,  al  it.s  discretion, 
provide  that  assignable  certificates^  be  issued  for  the  amount  of 
such  assessment,  and  shall  have  power  to  prescribe  the  form 
and  terms  of  said  certificates.  Said  certificates  may  recite  that 
all  legal  pre-requisites  to  said  assessment  and  the  fixing  of  a 
lien  upon  said  property  have  been  complied  with,  which  recital 
shall  be  prima  facie  evidence  of  the  truth  of  the  facts  so  reciieu, 
and  without  further  proof  said  facts  shall  be  presumed. 

(1)  Any  personl,  firm  or  corporation  having  any  interest  in 
said  property  upon  which  said  assessments  shall  have  been 
made,  shall  have  the  right  to  contest  the  same  or  the.  validity 
thereof  or  the  regularity  of  any  proceeding  with  reference  '.o 
the  said  assessment  or  the  special  benefit  received  by  the 
owner  of  any  such  property  by  filing  suit  in  any  court  having 
jurisdiction  thereof,  in  which  suit  the  City  of  Dallas  shall  be 
defendant  and  any  other  proper  party  may  be  made  defendant; 
provided,  that  such  suit  shall  be  brought  within  ten  days  from 
the  date  of  the  passage  of  the  ordinance  making  such  assess- 
ment upon  such  property,  and  if  not  so  brought  then,  the  owner 
or  other  person  or  corporation  having  an  interest  in  said  prop- 
erty shall  thereafter  be  barred  and  estopped  to  question  the 
validity  thereof;  ■  and  this  bar  and  estoppel  shall  apply  to  the 
heirs,  assigns,  successors  and  personal  representatives  of  such 
person  or  cor])oration. 

ARTICLE  XI. 

Public   Utilities. 

1.  No  street,  alley  or  public  highway  in  the  City  of  Dallas 
shall  ever  be  used  by  any  person,  firm  or  corporation  for  the 
construction  or  operation  of  a  street  railway,  telegraph  line, 
telephone  system,  electric  light  and  power  system,  gas  works, 
water  works,  sewer  system  or  any  other  business  of  a  public 
or  quasi  public  nature,  without  obtaining  authority  therefor 
under  a  franchise  granted  by  the  Board  of  Commissioners,  in 
accordance  with  the  provisions  of  this  act.  It  shall  be  the 
duty  of  the  Board  of  Commissioners  and  the  City  Attorney  to 
bring  suit  to  enforce  this  provision  against  any  person,  firm  or 
corporation  violating  the  terms  thereof,  for  the  purpose  of 
ejecting  the  offender  from  the  occupancy  of  such  property,  and 
to  recover  damages  for  the  illegal  use  thereof. 

2.  The  City  of  Dallas  shall  have  the  exclusive  right  to 
erect,  own,  maintain  and  operate  water  works  for  the  use  of 
said  city  and  its  inhabitants,  and  to  regulate  the  same,  but 
shall    not    have    the    power    or    right    to    sell    said    water    works 


Art.  XI,.  Sec.  3.  Bonds     89 

system.  It  shall  have  power  to  prescrilje  rates  for  water  rurn- 
islied  to  said  inhabitants,  and  to  make  such  rules  and  regula- 
tions as  the  Board  of  Commissioners  may  deem  expedient;  to 
acquire  by  purchase  or  donation  Suitable  grounds  on  which  to 
erect  such  works,  and  necessary  right  of  way  and  to  do  any- 
thing whatsoever  necessary  to  operate  and  maintain  said  works, 
and  to  compel  the  owners  of  all  property  and  the  agents  of  such 
owners  to  pay  all  charges  for  water  furnished  upon  such  prop- 
erty. 

All  receipts  and  revenues  from  the  water  works  shall  consti- 
tute a  separate  and  sacred  fund,  which  shall  never  be  diverted 
or  drawn  upon  for  any  other  purposes  than  the  extension,  im- 
provement, operation,  maintenance,  repair  and  betterment  of 
the  water  works  and  water  supply;  and  sewer  system  of  the 
city  and  for  the  purpose  of  constructing  and  extending  lateral 
sewers  in  the  sanitary  sewer  system  of  the  city;  but  the  Board 
of  Commissioners  may  appropriate  or  pledge  such  receipts  and 
revenues  for  the  purpose  of  extending,  improving,  operating, 
maintaining  and  bettering  the  water  works  plant  and  mains 
and  supply,  and  for  constructing  and  extending  lateral  sewers, 
and  also  for  the  purpose  of  discharging  or  retiring  the  indebted- 
ness of  the  city  that  may  be  incurred  or  accrued  for  water 
works  purj: 


3.  At  the  first  general  election  to  be  held  under  this  act.  for 
the  election  of  a  Board  of  Commissioners,  there  shall  be  sub- 
mitted to  a  vote  of  the  qualified  electors  who  are  taxpayers 
in  said  city  the  questions  whether  or  not  the  Board  of  Com- 
missioners shall  be  empowered  to  issue  bonds  of  said  city  in 
the  amount  of  five  hundred  thousand  dollars  ($500,000),  the 
proceeds  of  which  shall  be  used  for  the  betterment  and  exten- 
sion of  the  water  works  system  belonging  to  the  city  and  bonds 
of  the  city  in  the  amount  of  one  hundred  thousand  dollars  ($100,- 
000).  the  proceeds  of  which  shall  be  used  for  street  improve- 
ments, in  accordance  with  the  provisions  of  Article  10  hereof, 
and  bonds  of  the  city  in  the  amount  of  $50,000,  the  proceeds  of 
which  shall  be  used  for  the  erection  of  public  school  buildings; 
also  whether  a  special  tax  of  twenty-five  cents  on  the  one  hun- 
dred dollars  ($100)  of  taxable  property  shall  be  levied  for  street 
Improvement  purposes.  A  separate  ballot  shall  be  used  at 
said  election  which  shall  contain  the  following  word's: 

"Special  Bond  and  Tax  Election." 

"For  the  issue  of  bonds  in  the  sum  of  five  hundred  thousand 
dollars   ($500,000)   for  the  Improvement  of  the  water  works." 
"Against  the  issue  of  bonds  in  the  sum  of  five  hundred  thou- 


90     Public  Utilities  .  Art.  XI.  Sec.  4. 

sand    dollars    ($500,000)    for    the    improvement    of      the      water 
works." 

"For  the  issue  of  bonds  in  the  sum  of  one  hundred  thousand 
dollars   ($100,000)   for  street  improvements." 

"Against  the  issue  of  bonds  in  the  sum  of  one  hundred  thou- 
sand dollars  ($100,000)   for  street  improvements." 

"For  a  special  tax  of  twenty-five  cents  on  the  one  hundred 
dollars  ($100)   for  street  improvements." 

"Against  special  tax  of  twenty-five  cents  on  the  one  hundred 
dollars   ($100)    for  street  improvements." 

"For  the  issue  of  bonds  in  the  sum  of  fifty  thousand  ($50,000) 
dollars  for  public  school  buildings." 

"Against  the  issue  of  bonds  in  the  sum  of  fifty  thousand 
($50,000)  dollars  tor  public  school  buildings." 

In  the  event  either  or  all  of  said  proposed  bond  issues  shall 
receive  the  affirmative  vote  of  a  majority  of  those  who  shall 
vote  thereon,  the  Board  of  Commissioners  shall,  as  soon  as  prac- 
ticable, cause  to  be  issued  and  shall  sell,  in  accordance  with 
said  vote  or  votes,  coupon  bonds  of  said  city,  to  bear  interest 
not  to  exceed  six  per  cent  per  annum,  payable  semi-annually 
at  such  places  as  may  be  designated  by  city  ordinance,  and 
shall  appropriate  and  use  the  proceeds  of  such  bond  issue  or 
issues  in  accordance  with  the  result  of  said  special  election; 
provided,  that  such  bonds  shall  be  issued  in  compliance  with 
provisions  of  Article  2,  Section  2,  of  this  act,  and  the  several 
subdivisions  of  said  section. 

If  said  proposed  tax  levy  of  twenty-five  cents  on  the  one 
hundred  dollars  ($100)  of  taxable  property  shall  receive  a  ma- 
jority of  the  votes  of  those  voting  thereon,  the  Board  of  Com- 
missioners shall  levy  a  special  tax  of  twenty-five  cents  on  the 
one  hundred  dollars  ($100)  of  all  taxable  property,  the  proceeds 
of  which  shall  be  used  for  making  street  improvements,  and  to 
provide  a  sinking  fund  for  street  improvement  bonds  in  accord- 
ance with  the  provisions  of  Article  X  hereof. 

4.  The  Board  of  Commissioners  shall  have  power,  by  ordi- 
nance, to  provide  for  and  construct  a  general  sewer  and  drain- 
age system,  to  be  divided  into  public  and  private  sewers  and 
drains,  and  to  be  constructed,  maintained  and  regulated  in  such 
manner  and  out  of  such  material  as  the  Board  of  Commissioners 
may  prescribe.  Sewers  may  be  established  as  the  Board  or 
Commissioners  may  direct,  and  there  may  be  extension  of 
branches  and  sewers  already  constructed  or  entirely  new 
throughout,  as  may  be  deemed  expedient.     The  Board  of  Com- 


Art.  XI,  Sec.  5.  Condemnation     91 

missioners  may,  if  necessary,  levy  a  tax  on  all  taxable  property 
In  the  entire  city,  to  pay  for  the  construction  and  repairs  of 
such  public  sewers  which  shall  be  called  a  "special  sewer  tax," 
and  shall  be  used  solely  for  such  purpose.  No  public  sewer  shall 
be  run  diagonally  through  private  property  when  it  is  prac- 
ticable, without  injury  to  said  sewer,  to  construct  it  parallel 
with  one  of  the  exterior  lines  of  such  property.  No  public 
sewer  shall  be  constructed  through  private  property  when  it 
is  practicable  to  construct  it  along  or  through  a  street  or  public 
highway. 

5.  The  Board  of  Commissioners  shall  have  the  power  to 
appropriate  private  property  for  public  purposes  whenever  the 
Board  of  Commissioners  of  said  city  shall  deem  it  necessary 
to  take  any  private  property  either  within  or  without  the  city 
limits,  for  any  of  the  following  purposes,  to-wit:  In  order  to 
open,  change  or  widen  any  public  street,  avenue  or  alley,  or 
for  the  construction  of  water  mains,  or  for  the  purpose  of  con- 
structing or  extending  sanitary  sewers,  or  erecting  and  construct- 
ing a  sanitary  sewerage  disposal  plant  or  system  for  the  purpose 
of  disposing  of  the  sanitary  sewerage  of  the  city  either 
within  or  without  the  city  limits,  or  for  the  improvement  and 
enlargement  of  the  water  works,  including  water  supply,  riparian 
rights,  standpipes,  watersheds,  the  construction  of  supply  reser- 
voirs, or  the  construction,  building,  erection  or  establishment 
of  any  necessary  appurtenance  or  facility  which  will  furnish  the 
Inhabitants  of  the  city  of  Dallas  with  an  abundant  supply  of 
wholesome  water,  etc.,  within  or  without  the  city  limits  of 
the  city  of  Dallas,  or  for  public  schools,  industrial  schools,  parks, 
squares  and  pleasure  grounds,  public  wharves  and  landing 
place  for  steamers  and  other  crafts,  or  for  the  straightening  or 
improving  of  the  channel  of  any  stream,  branch  or  drain,  such 
property  may  be  taken  for  such  purpose,  by  making  just  com- 
pensation to  the  owner  thereof.  If  the  amount  of  such  com- 
pensation shall  not  be  agreed  upon,  it  shall  be  the  duty  of 
the  Board  of  Commissioners  to  cause  to  be  stated  in  writing, 
the  real  estate  or  property  sought  to  be  taken,  the  name  of  the 
owner  thereof,  and  his  residence,  if  known,  and  the  purpose 
for  which  said  property  is  sought  to  be  taken,  and  file  such 
statement  with  the  Judge  of  the  County  Court  of  Dallas  County. 
at  law,  or  the  Judge  of  the  Court  having  jurisdiction  by  law, 
to  act  in  condemnation  proceedings  for  railroad  rights  of  way,  in 
said  county  at  the  time  of  such  proceeding.  Upon  the  filing  of 
such  statement,  it  shall  be  the  duty  of  such  Juuge  in  term  time 
or  vacation,  to  appoint  three  disinterested  freeholders,  and 
qualified  voters  of  the  County  of  Dallas,  as  special  commis- 
sioners,   to    assess    the    damages    to    accrue    to    the    owners    by 


92     Condemnation  iSrt.  XI,  Sec.  5. 

reason  of  such  condemnation.  The  special  commissioners  so 
appointed  shall,  in  their  proceedings,  be  governed  and  controlled 
b.v  the  State  laws  in  force  in  reference  to  the  condemnation 
of  right  of  way  for  railroad  companies  and  the  assessment  of 
damages  therefor,  the  City  of  Dallas  occupying  the  position  of 
the  railroad  company.  And  all  laws  in  reference  to  the  applica- 
tions tor  the  condemnation  of  right  of  way  of  railroad  compa- 
nies, including  the  measure  cf  damages,  the  right  of  appeal, 
and  the  like,  shall  apply  to  an  a])i)lication  to  the  City  of  Dallas, 
under  this  charter  for  condemnation  of  property  for  the  afore- 
said purposes,  unless  otherwise  i)rovided  herein;  the  City  of 
Dallas  to  occupy  the  position  of  the  railroad  company. 

In  estimating  the  damages  to  such  property,  the  ,iury  shall 
not  only  estimate  the  value  of  the  land  so  taken,  but  they 
shall  also  estimate  the  damage  done  to  the  remainder  of  any 
land  from  which  it  is  taken  by  reason  of  such  taking  and  use; 
provided,  however,  that  in  case  of  condemnation  of  land  for  the 
opening,  extending,  widening  of  any  street,  or  for  straightening 
or  improving  of  the  channel  of  any  stream,  branch  or  drain, 
within  the  corporate  limits  of  the  said  city,  the  Board  of  Com- 
missioners may,  by  ordinance,  provide  that  the  cost  of  such 
]\roperty  shall  be  paid  for  by  the  property  owners  owning  prop- 
erty in  the  immediate  vicinity  thereof,  and  .benefited  thereby. 
In  such  cases  the  City  Engineer  shall,  under  the  direction  of  the 
special  commissioners  appointed,  make  a  plat  of  the  property 
which  in  the  judgment  of  said  special  comniissioners,  will  be 
specifically  benefitted  and  enhanced  in  value  by  the  making  of 
such  improvements,  whereupon  such  special  commissioners  shall 
issue  notice  to  the  owners  of  such  property  to  appear  before 
them  at  a  time  and  place  to  be  designated  in  such  notices  to 
show  cause,  if  any,  they  may  have,  why  such  iiroperty  should 
not  be  assessed  to  pay  the  cost  of  the  property  so  condemned: 
such  notices  may  be  served  by  any  police  officer  in  the  city 
of  Dallas,  or  any  other  officer  of  the  State  of  Texas,  County  of 
Dallas,  authorized  by  the  laws  of  said  State  to  serve  process 
of  the  courts  of  said  State;  and  in  all  cases  where  such  owner 
or  owners,  or  any  of  them  are  absent  from  said  city  and  county, 
upon  the  agent  of  such  absent  owner,  if  such  owner  shall  have 
an  agent,  in  said  city  or  county,  and  in  case  such  absent  owner 
shall  not  have  such  agent,  or  in  case  the  owner  of  such  property 
ir,  unknown,  then  such  notice  shall  be  published  for  two  days 
consecutively  in  some  newspaper  published  in  the  city  of 
Dallas;  such  notice  shall  be  given  five  full  days  befdre  the  final 
determination  by  the  special  commissioners  of  the  amount  of 
assessment  against  the  owner  of  such  property  for  such  im- 
provement;    said    special    commissioners    sh;iTl    determine      the 


Art.  XI.  Sec.  .'..  Condemnation     93 

value  of  the  projierty  desired  to  be  taken.  ])elonsiiii;  to  the 
different  owners  thereof,  if  there  be  more  than  one  such  owner, 
and  if  there  be  only  one  such  owner,  the  value  of  the  same 
and  shall  also  find  how  much  of  the  cost  thereof  shall  be  assessed 
against  the  owner  of  each  lot  or  subdivision  of  the  land  in  the 
immediate  vicinity  thereof,  specially  benefitted  and  enhanced 
in  value  by  making  of  such  improvements,  and  shall  report  all 
such  matters  to  the  Board  of  Commissioners  of  tho  City  of 
Dallas,  showing. a  description  of  the  property  taken  and  con- 
demned and  the  name  of  the  owner  thereof,  if  known,  and  if 
the  owner  of  any  such  property  is  unknown,  shall  state  said  fact, 
or  if  there _be  more  than  one  owner  of  such  property,  then  the 
description  of  the  property  of  each  of  said  owners,  if  known,  and 
if  unknown,  shall  state  such  fact  and  the  value  of  the  prop- 
erty of  each  such  owner  so  condemned,  and  also  the  description 
and  name  of  the  owner  of  each  subdivision  of  property  if  known, 
and  if  unknown,  shall  so  state,  describing  such  property  so 
as  to  identify  it  against  which  special  assessment  should,  in 
the  judgment  of  said  board,  be  made  to  pay  for  such  property 
condemned,  such  ai)portionment  shall  be  made  according  to  the 
benefits  that  will,  in  the  judgment  of  said  siiecial  commission- 
ers, be  received  by  or  accrued  to  such  lot  or  subdivision  of 
l)roperty  by  reason  of  the  making  of  such  improvements  herein. 
Such  report- shall  be  signed  by  a  majority  of  such  special  com- 
missioners, and  shall  be  filed  with  the  City  Secretary  for  the 
consideration  of  the  Board  of  Commissioners.  The  Board  of 
Commissioners  shall  as  soon  as  practicable  after  the  filing 
of  such  report,  consider  the  same  and  if  the  same  is  approved 
by  a  majority  vote  of  the  members  present  at  the  meeting,  at 
which  it  considers  the  same,  the  same  shall  be  final  and  binding 
upon  the  city  and  all  i)arties  at  interest  therein.  If  the  Board 
of  Commissioners  shall  approve  said  report,  it  shall  levy  a 
special  tax  against  the  property  shown  by  said  report  to  be 
benefitted  and  enhanced  in  value  by  such  improvements,  accord- 
ing to  the  recommendation  made  in  such  report;  such  taxes  shall 
be  a  lien  on  the  property  against  which  the  same  shall  be 
assessed,  from  the  date  of  such  levy  and  shall  become  due 
and  delinquent  at  the  time  provided  in  the  ordinance  levying  the 
same.  If  the  same  shall  not  be  paid  as  jirovided  in  such  ordi- 
nance, the  City  Assessor  and  Collector  of  Taxes  shall  proceed 
to  collect  same  as  provided  in  the  ordinance,  levying  same  by 
the  advertisement  and  sale  as  provided  in  the  City  Chai-ter  in 
cases  of  the  sale  of  such  property  for  delinquent  ad  valorem 
taxes;  provided  that  it  shall  not  be  necessary  to  make  sucb 
sales  at  the  time  as  provided  for  in  the  sale  of  property  for 
delinquent   ad    valorem    taxes.      The    special    commissioners   ap 


M     Franchises  Art.    XI,    Sec.    6 

pointed  under  the  provisions  of  this  section  shall  have  the  same 
power  to  issue  writs  and  subpoenas  and  compel  the  attendance 
of  witnesses,  etc.,  as  commissioners  appointed  for  the  condem 
nation  of  land,  etc.,  for  the  right  of  way  of  railroads,  under  the 
general  laws  of  the  State  of  Texas,  have;  shall  receive  the  same 
compensation  for  their  services  and  shall  be  governed  in  all 
respects  not  herein  otherwise  provided  by  general  laws  in 
all  matters  relating  to  their  procedure.  The  compensation  for 
the  land  and  property  taken  or  damaged  under  the  provisions 
of  this  section  shall  be  paid  to  the  owner  of  such  property  so 
taken  or  damaged,  or  secured  by  deposit  set  apart  in  money  in 
the  hands  of  the  City  Treasurer,  subject  to  the  order  of  such 
owner  before  such  property  is  taken  or  damaged,  provided  the 
city  may  make  such  payment  out  of  the  general  fund,  if  the 
Board  of  Commissioners  shall  deem  it  advisable  and  when 
the  amounts  assessed  against  the  property  specially  benefitted 
as  herein  provided,  are  collected,  may  repay  to  the  said  general 
fund  the  amount  so  advanced,  and  such  payment  shall  not  be 
a  waiver  of  the  city's  rights  to  make  such  collections.  (Amend- 
ment of  1909.) 

6.  The  Board  of  Commissioners  shall  have  power  to  cause 
telegraph,  telephone  and  electric  light  companies  to  change  the 
location  of  their  poles;  also  to  cause  all  erected  poles  not  in 
use  to  be  taken  down  and  removed.  If  such  companies  shalJ 
fail  to  do  such  things  after  being  notified,  the  city  may  have 
the  same  done  at  the  expense  of  such  companies.  The  Board 
of  Commissioners  shall  also  have  the  power  to  require  telegraph, 
telephone  companies  and  electric  light  companies  to  run  their 
wires  under  the  ground,  if,  in  the  wisdom  of  the  board,  public 
interest  should  so  demand. 

7.  Any  person,  firm  or  corporation  holding  any  franchise 
heretofore  or  hereafter  granted  by  the  city,  authorizing  the 
use  or  occupation  for  any  purpose  of  any  street,  avenue  or 
alley  in  the  city,  or  any  portion  thereof,  and  requiring  or  binding 
the  person,  firm  or  corporation  holding  such  franchise  to  keep 
any  portion  of  such  street,  avenue  or  alley  so  used  or  occupied, 
or  the  pavement  thereof  in  repair,  or  to  maintain  the  same 
in  condition  for  public  travel;  or  any  person,  firm  or  corporation 
who,  under  any  contract  heretofore  or  hereafter  made  with 
the  city  for  the  construction,  reconstruction  or  repair  of  the 
pavement  or  other  improvement  of  any  avenue,  street  or  alley, 
or  any  portion  thereof,  shall  be  or  is  bound  to  keep  the  same  in 
repair  or  in  good  condition  for  public  travel,  or  to  do  or  to 
perform  any  duty  relating  to  the  maintenance  or  repair  of  such 
pavement    or   other   improvement,    for   any    term    of   years    men- 


Art.   XI.   Sec.   8.  Franchises     95 

tioned  in  sucli  contraci,  who  sliall  ))e  served  with  a  wvitlen 
notice  signed  by  any  owner  or  owner.s  of  ])roperty  abulting 
such  street,  avenue  or  alley,  or  such  portion  thereof,  such  notice 
to  be  so  served  by  delivering  in  person,  or  by  mail- 
ing same  by  registered  mail  to  such  person,  firm  or 
corporation,  pr  any  officer  or  agent  thereof,  at  the  post- 
office  address  of  his  residence,  and  who  shall  fail  or 
refuse  to  repair  or  place  in  condition  for  travel  according  to 
the  terms  or  requirements  of  such  franchise  or  contract  the 
portion  of  such  avenue,  street  or  alley  mentioned  in  such  notice, 
which  such  person,  firm  or  corjjoration  is  bound  to  repair  or 
maintain,  within  ninety  days  after  the  date  of  the  service  of  such 
notice,  shall  forfeit  to  the  city  the  sum  of  $50  for  each  day 
after  the  expiration  of  said  ninety  days  until  said  avenue,  street 
or  alley  or  portion  thereof  mentioned  in  said  notice,  and  which 
such  person,  firm  or  corporation  is  bound  to  repair  or  maintain, 
is  repaired  and  put  in  good  condition  for  public  travel,  as  re- 
quired by  the  terms  of  such  franchise  or  contract,  or  until  the 
requirements  and  terms  of  such  contract  are  complied  with, 
such  sum  or  sums  to  be  recoverable  at  the  suit  of  the  city  or 
at  the  suit  of  any  owner  of  property  abutting  said  avenue,  street 
or  alley,  or  portion  thereof,  to  the  use  of  the  city,  in  any  court 
of  competent  jurisdiction.  The  penalty  herein  provided  shall  be 
in  addition  to  and  cumulative  of  any  other  penalty,  condition  or 
requirement  contained  in  such  franchise  or  contraci.  In  any 
suit  brought  under  this  section  any  judgment  therein  recovered 
may  be  made  a  lien  upon  any  sum  held  by  or  deposited  with  the 
city,  or  in  trust,  to  guarantee  or  secure  the  performance  of  the 
conditions  of  any  such  franchise  or  contract. 

8.  Whenever  any  franchise  to  any  person,  firm  or  corpora- 
tion has  heretofore  been  made,  or  shall  hereafter  be  made  or 
granted  by  the  Board  of  Commissioners  for  the  use  of  any  street 
of  the  city  for  the  purpose  or  for  the  exercise  of  any  public 
privilege  or  advantage,  and  the  said  grant  has  been  or  shall 
hereafter  be  made  upon  any  conditions  named  in  said  grant 
of  things  to  be  performed  by  the  said  grantee,  and  such  grant 
shall  contain  no  condition  of  forfeiture,  yet  the  breach  of  any 
condition  so  named  in  any  such  grant,  or  any  failure  on  the 
part  of  said  grantee  to  promptly  pay  any  tax  whatever  assessed 
by  the  city,  shall  be  or  cause  a  forfeiture  of  the  said  franchise 
or  privilege  so  granted,  as  if  expressly  stipulated  for  therein, 
and  wherever  any  such  grant  has  been  or  shall  hereafter  be 
made  in  consideration  of  the  payment  of  any  bonus,  the  said 
payment  shall  be  secured  by  a  prior  lien  on  all  property  of  said 
grantee,  within  the  city,  whether  expressly  stipulated  for  or  not, 
and  any   failure   to   ])roniptly    pay   such    bonus   according   to   the 


96     Saloons  Art.    XII.    Sec.    1. 

terms  of  the  grant,  or  any  failure  to  pay  any  tax  of  any  kind, 
shall  be  a  cause  of  forfeiture  of  the  franchise  or  jjrivileges  grant- 
ed, whether  such  forfeiture  be  expressly  provided  tor  or  not. 

ARTICLE  XII. 

Saloon    Limits  and    Restrictions. 

1.  It  shall  be  unlawful,  except  as  hereinafter  provided,  to 
locate,  establish,  maintain  or  conduct  a  saloon,  as  hereinafter 
defined,  within  the  corporate  limits  of  the  City  of  Dallas  as 
now  or  as  they  may  hereafter  be  established,  outside  of  the 
limits  bovmded  as  follows: 

Said  prohibited  limits  not  to  include,  however,  the  frontage 
on  either  side  of  the  streets  hereafter  named  as  constituting 
the  boundary  of  said  prescribed  limits: 

Beginning  at  the  Trinity  River  where  Payne  Street,  if  extend- 
ed, would  intersect;  thence  on  Payne  Street  to  Alamo  Street; 
thence  on  Alamo  Street  to  Burk  Street;  thence  of  Burk  Street 
to  Caroline  Street;  thence  on  Caroline  Street  to  McKinney  Ave- 
nue; thence  on  McKinney  Avenue  to  Orange;  thence  on  Orange, 
if  extended,  to  Patterson  Avenue;  then  on  Patterson  Avenue, 
to  Bullington  Street;  thence  on  Bullington  Street  to  Bryan  Street; 
thence  on  Bryan  Street  to  Hall  Street;  thence-  on  Hall  Street 
to  Live  Oak  Street;  thence  on  Live  Oak  Street  to  Cantegral 
Street;  thence  on  Cantegral  Street  to  the  Texas  and  Pacific 
Railroad;  thence  on  the  Texas  and  Pacific  Railroad  to  Smith 
Street;  thence  on  Smith  Street  to  First  Avenue;  thence  on 
First  Avenue  to  Commerce  Street;  thence  on  Commerce  Street 
to  S.  Pearl  Street;  then  on  S.  Pearl  to  Cabell  Street;  thence  on 
Cabell  Street  to  S.  Harwood  Street;  thence  on  S.  Harwood  Street 
to  Marilla  Street;  thence  on  Marilla  Street  to  Veal  Street;  thence 
on  Veal  Street  to  Wood  Street;  thence  on  Wood  Street  to  Santa 
Fe  Railroad  tracks;  thence  with  the  Santa  Fe  Railroad  tracks 
to  Young  Street;  thence  on  Young  Street  to  Poydras  Street; 
thence  on  Poydras  Street  to  a  point  where  Poydras  Street 
would  intersect  line  drawn  through  center  of  block  156;  thence 
west  parallel  with  Commerce  Street  through  the  center  of 
blocks  56,  49,  42,  33,  23,  13,  5  and  414  to  the  Trinity  ^iver; 
thence  with  the  Trinity  River  to  the  place  of  beginning;  pro- 
vided, the  public  park  known  as  the  grounds  of  the  Texas  State 
Fair  heretofore  purchased  by  the  city  and  now  maintained  as 
a  public  park  is  not  and  shall  not  be  construed  to  be  included 
within  such  prohibited  limits,  and  the  sale  of  intoxicating 
liquors  upon  the  grounds  and  territory  so  purchased  and  main- 
tained by  the  city  shall  be  lawful  w^hen  license  shall  be  duly 
obtained  therefor,  together  with  the  consent  of  the  city  authori- 


Art.  XII,  Sec.  2.  Saloons     HT 

ties  in  control  of  such  park.  Provided,  furtlu'r,  that  said  Board 
of  Commissioners  shall  never  have  ])ower  to  authorize  the  es- 
tablishment and  maintenance  of  saloons  in  that  territory,  here- 
tofore annexed  to  the  City  of  Dallas  and  known  as  the  territory 
of  Oak  Cliff. 

Provided,  further,  that  should  the  City  of  Dallas  set  aside 
any  defined  territory  upon  which  to  colonize  and  segregate 
prostitutes,  as  is  provided  for  in  another  section  of  this  charter, 
in  said  territory  so  designated  there  shall  never  be  established 
any  saloon  as  the  same  is  hereinbefore  defined,  nor  shall  spirit- 
uous, vinous  or  malt  or  intoxicating  liquors  of  any  kind  whatever 
be  sold  wathin  said  designated  territory. 

All  saloons  shall  clcose  their  doors  and  places  of  business 
and  transact  no  business  at  such  places  from  12  o'clock  midnight 
until  5  o'clock  a.  m.  of  each  week  day  and  hall  remain  closed 
and  transact  no  business  at  such  places  from  12  o'clock  mid- 
night Saturday  until  5  o'clock  a.  m.  of  the  following  Monday  of 
each  week.  It  shall  be  the  duty  of  the  proprietor  of  each  saloon, 
or  his  agent,  to  keep  posted  in  a  conspicuous  place  therein,  by 
the  side  of  the  Federal  license  under  which  said  saloon  is  con- 
ducted, the  licenses  obtained  by  him  from  the  State,  county  and 
city,  and  to  write  or  print,  in  large  letters,  underneath  said 
licenses  the  following  words: 

"City  license  expires day  of (.inserting  the   time 

of  the  exipiration  of  the  last  of  such  licenses  so  obtained  and 
held  by  him.)  If  any  owner  or  keeper  of  any  saloon 
shall  be  convicted  in  any  court  for  a  violation  of 
any  provisions  of  this  charter  or  of  any  offense  against 
any  law  of  this  State,  regulating  or  affecting  the  sale  of  intoxi- 
cating liquors,  such  conviction  shall  operate  to  forfeit  the  license 
under  which  such  saloon  is  being  operated,  and  the  unearned 
portion  thereof  shall  not  be  refunded,  and  all  right  to  conduct 
such  business  thereunder  shall  he  revoked  by  the  Board  of 
Commissioners,  and  thereafter  no  license  for  such  purpose  shall 
be  issued  by  the  city  to  such  offending  party  for  a  period  of 
two  years.  It  shall  be  the  duty  of  the  Board  of  Commissioners 
to  hear  any  complaints  that  may  be  preferred  against  the  pro- 
prietor of  any  saloon,  or  his  agent,  touching  the  method  of 
operating  such  saloon  or  any  matters  relating  thereto,  and  if, 
upon  such  hearing,  such  complaint  shall  appear  to  them  to  be 
well  founded,  the  Board  of  Commissioners,  shall  have  power 
to  make  such  orders  and  decrees  with  respect  to  such  matters 
as  it  may  deem  necessary  and  it  shall  have  power  to  enforce 
such  orders  under  adequate  penalties,  and  to  revoke  the  saloon 
license  of  any  person  who  may  fail  or  refuse  to  comply  there- 
with.    The   Board   of  Commissioners   shall   have   ]iower  to   enact 


9S     Saloons  Art.  XII,  Sec.  2. 

all   such   ordinances   and   to   enforce   such   penalties   as   may    be 
necessary  to  give  effect  to  the  foregoing  provision. 

2.  Xo  jierson  shall  establish,  locate  or  maintain  any  saloon, 
being  a  place  where  intoxicating  liquors  shall  be  sold  within  the 
above  prescribed  limits,  without  first  having  obtained  the  license 
or  tax  receipt  from  the  Board  of  Commissioners  as  is  provided 
by  the  general  law  to  be  issued  by  cities  to  persons  engaged 
in  such  business,  and  paying  therefor  the  amount  of  license 
fees  or  tax,  as  is  provided  by  the  general  law  to  be  charged  by 
cities:  provided,  however,  that  no  such  license  shall  ever  be 
issued  to  any  person  applying  for  same,  unless  such  ])erson 
shall  make  application  in  writing  for  such  license,  and  set  forth 
in  such  application  the  exact  place  where  the  proposed  saloon 
is  to  be  located,  and  show  by  a  map  or  other  evidence  that 
there  are  not  more  residences  than  there  are  business  houses 
within  a  radius  of  three  hundred  (300)  feet  from  the  center 
of  such  proposed  saloon.  If  upon  examination  of  such  applica- 
tion the  Board  of  Commissioners  are  satisfied  that  there  exist 
more  business  houses  than  residences  within  the  radius  as 
hereinabove  prescribed,  and  that  the  applicant  for  such  license 
is  a  person  of  good  moral  character,  such  license  shall  be  issued 
to  the  applicant;  subject,  however,  to  the  hereinafter  stated 
conditions,  the  failure  to  observe  any  one  of  which  shall  author- 
ize the  Board  of  Commissioners  to  forfeit  and  revoke  any  license 
granted  hereunder,  viz: 

First.  That  said  iierson  so  obtaining  said  license  shall,  at 
all  times,  conduct  said  saloon  in  strict  accordance  with  the 
conditions  of  the  liquor  dealers'  bond,  which  is  required  l)y  the 
S'tate  law  to  be  executed  by  such  person. 

Second.  That  such  i)erson  shall  fully  o])serve  all  of  the 
laws  of  the  State  and  city  relating  lo  the  closing  of  said  saloon 
on  Sunday  or  other  days  jn-escribed  by  law. 

Third.  That  said  saloon  shall  be  closed  at  12  o'clock  mid- 
night every  night,  and  shall  remain  closed  till  5  a.  m.  every 
day  during  the  week,  save  and  except  that  said  saloon  shall 
close  on  Saturday  night  at  12  o'clock  midnight,  and  remain 
closed  till  .">  o'clock  Monday   morning. 

Fourth.  That  said  person  or  his  agent  or  employes  shall 
not  be  found  guilty  in  any  court  of  conii)etent  jurisdiction  of 
the  violation  of  the  Sunday  law  in  connection  with  the  saloon 
to  which  the  license  is  herein  issued  or  of  selling  intoxic-ating 
liquors  to  minors,  or  of  permitting  lewd  or  indecent  women  to 
resort  lo  such  saloon. 


Art.   Xir,   flee.    4.  Saloons     '.i'.' 

3.  The  license  granted  hereunder  shall  be  granted  for  the 
period  of  one  year,  and  shall  not  be  transferred  or  assigned 
without  the  written  permission  of  the  Board  of  Commissioners, 
and  in  any  such  case,  the  person  to  whom  such  license  is 
assigned  or  transferred  shaJl  present  to  the  Board  of  Commis- 
sioners the  same  petition  as  is  herein  required  of  the  person 
to  whom  said  license  was  originally  granted.  Should  it  come 
to  the  knowledge  of  the  said  Board  of  Commissioners  that  the 
person  to  Avhom  a  license  has  been  issued  is  violating  any  of 
the  conditions  hereinabove  set  forth,  the  Board  of  Commission- 
ers shall  issue  a  notice  to  such  person  to  appear  before  said 
board  on  a  date  fixed  in  such  notice,  to  then  and  there  show 
cause  why  said  license,  so  issued,  should  not  be  forfeited  and 
revoked.  Such  person  shall  be  required  to  respond  to  such 
notice,  and  may  answer  same  in  person  or  by  his  attorney, 
but  if  such  person  should  fail  or  refuse  to  anwser  such  notice 
by  the  time  fixed  therein,  the  Board  of  Commissioners  may, 
if  they  deem  it  proper,  revoke  such  license  and  such  person  shall 
thereafter  be  subject  to  ttie  penalties  hereinafter  provided  for,  if 
he  shall  continue  to  maintain  or  conduct  such  saloon.  When- 
ever any  person  shall  appear  in  obedience  to  such  notice,  the 
Board  of  Commissioners  shall  investigate  the  charge  against 
the  said  person,  and  if  the  Commissioners  should  conclude,  after 
a  full  hearing  thereof,  that  the  person  to  whom  such  license 
was  issued  has  violated  any  of  the  conditions  hereinabove  set 
forth  they  shall  have  the  power  to  revoke  and  forfeit  such 
license,  and  it  shall  thereafter  be  unlawful  for  such  person  to 
continue  conducting  such  a  saloon  at  said  place.  For  the 
purpose  of  further  investigating  and  examining  into  the  question 
of  whether  the  said  licensee  has  violated  any  of  the  conditions 
as  herein  set  forth,  the  said  Board  of  Commissioners  shall  have 
full  power  and  authority  to  compel  the  attendance  of  witnesses, 
and  to  punish  said  witnesses  for  contempt  in  the  same  manner 
as  is  precribed  by  law  for  the  County  .Judge  to  punish  for  con- 
tempt and  shall  also  have  power  to  administer  oaths  to  wit- 
nesses. 

All  process  shall  be  served  by  the  Chief  of  Police  or  any 
police  officer  of  the  city,  and  be  signed  by  the  .Mayor  and  the 
Secretary  of  the  Board. 

4.  Any  person  conducting,  locating  or  maintaing  any  sa- 
loon without  first  having  obtained  the.  license  provided  for,  shall 
be  subject  to  a  fine  of  $200  for  each  and  every  day  that 
such  saloon  is  conducted,  maintained  or  established  without  a 
license. 

5.  After   any    such    license    issued    to    any    person    shall    be 


111(1     Ordinances  Art.  XIII,  Sec.  1. 

revoked  or  forfeited  by  said  Board  of  Commissioners  in  the 
manner  as  herein  prescribed,  it  shall  be  the  duty  of  the  said 
person  to  immediately  discontinue  the  conduct  of  said  saloon, 
and  upon  his  failure  to  do  so,  he  shall  be  subject  to  a  fine  in 
any  sum  not  exceeding  $200  for  each  and  every  day  that  the  said 
saloon  is  conducted  and  maintained  after  such  license  has  been 
revoked  and  forfeited. 

ARTICLE  XIII. 

Ordinances. 

1.  Every  ordinance  passed  by  the  Board  of  Commissioners 
shall  be  enrolled  by  the  Secretary  or  such  other  officer  as  may 
be  selected  by  the  Board  within  the  next  succeeding  five  days, 
Sundays  excepted,  or  as  soon  thereafter  as  practicable.  It  shall 
then  be  carefully  compared  with  the  ordinance  and  all  amend- 
ments, if  any,  by  the  City  Attorney  and  at  least  one  member  of 
the  Board  of  Commissioners  who  may  be  charged  with  that 
duty  by  the  Board  of  Commissioners.  If  errors  exist  they  shall 
be  corrected.  If  no  errors  exist,  or  if  found,  then,  after  their 
correction,  the  Commissioner  and  City  Attorney  making  the 
comparison  shall  endorse  on  the  margin,  the  words  "correctly 
enrolled,"  and  give  the  date  thereof  and  subscribe  his  name 
thereto.  Every  ordinance  imposing  any  penalty,  fine,  imprison- 
ment, or  forfeiture  for  a  violation  of  its  provisions,  shall,  after 
the  passage  thereof,  be  published  in  every  issued  of  the  official 
newspaper  for  three  days  successively  (excluding  Sundays), 
and  proof  of  such  publication  by  the  printer  or  publisher  of  such 
newspaper,  made  before  any  officer  authorized  to  administer 
oaths,  and  filed  with  the  Secretary  of  the  Board  of  Commis- 
sioners, or  any  other  competent  proof  of  such  publication  shall, 
in  all  courts,  beconcluslve  evidence  of  the  legal  publication  and 
promulgation  of  such  ordinances;  provided,  that  amendments 
and  corrections  made  in  digesting  and  revision  for  publication 
in  book  form  need  not  be  so  published.  All  ordinances,  except 
as  above  provided,  shall  be  published  at  least  once  in  some 
newspaper  in  the  City  of  Dallas,  and  shall  take  effect  as  pro- 
vided in  Section  1  of  Article  VIII  of  this  Charter.  All  ordinances 
of  the  city,  when  printed  and  published  and  bearing  on  the 
title  page  thereof,  "Ordained  and  published  by  the  Board  of 
Commissioners  of  the  City  of  Dallas,"  or  words  of  like  import, 
shall  be  prima  facie  evidence  of  their  authenticity,  and  shall  be 
admitted  and  received  in  all  courts  and  places  without  further 
proof. 

2.     The  style  of  all  ordinances  shall  be   "Be  it  Ordained  by 


Art.  XIV,  Sec.  1.  Miscellaneous  Provisions     101 

the  Board  of  Commissioners  of  tlie  City  of  Dallas,"  but  such 
caption  may  be  omitted  when  said  ordinances  are  published  in 
book  form  or  are  revised  and  digested  under  the  order  of  the 
Board. 

5.  The  Board  of  Commissioners  shall  have  power  to  cause 
the  ordinances  of  the  city  to  be  printed  in  code  form,  and  shall 
have  the  same  rearranged  and  digested  as  often  as  to  the  Board 
may   seem   avisable. 

4.  In  all  judicial  proceedings  it  shall  be  sufficient  to  plead 
any  ordinance  by  caption,  or  by  the  number  of  sections  thereof 
wanted,  and  it  shall  not  be  necessary  to  plead  the  entire  ordi- 
nance or  section.  All  printed  ordinances  or  codes  of  ordinances 
published  by  authority  of  the  Board  of  Commissioners,  shall  be 
admitted  in  evidence  and  shall  have  the  same  force  and  effect 
as  would  the  original  ordinances. 

.5.  All  ordinances  of  a  general  nature  shall  be  published 
at  least  once  in  some  newspaper  in  the  City  of  Dallas. 

6.  All  ordinances,  resolutions,  rules  and  regulations  now  in 
force  in  the  City  of  Dallas,  and  not  in  conflict  herewith,  shall 
remain  in  force  under  this  act  until  altered,  amended  or  re- 
pealed by  the  Board  of  Commissioners,  after  this  act  shall  take 
effect. 

7.  All  ordinances  of  the  City  of  Dallas  which  may  be  invalid 
or  defective,  but  which  if  passed  under  the  provisions  of  this 
act,  would  be  valid,  are  hereby  validated  as  if  passed  under 
the  provisions  of  this  act. 

ARTICLE   XIV. 
Miscellaneous  Provisions. 

1.  The  City  of  Dallas,  acting  through  the  Board  of  Com- 
missioners, shall  have  power  to  do  by  day  labor  under  municipal 
direction,  any  work  w^iich  may  become  advisable,  or  necessary 
to  be  done. 

2.  In  all  work  done  by  or  for  the  city,  either  by  day  work  or 
by  contract,  eight  hours  shall  constitute  a  day's  work;  and  no 
employe  of  the  city  on  work  for  the  city,  or  employe  of  any 
contractor  or  subcontractor  of  such  work,  shall  be  required  to 
work  longer  than  eight  hours  in  any  one  calendar  day;  provided, 
that  this  section  shall  not  apply  to  the  fire  or  police  department 
or  to  employes  engaged  in  clerical  work  for  the  city;   and  pro- 


102      Miscellaneous    Provisions  Art.   XIV    Sec.   3. 

vided,  further,  that  this  section  shall  not  be  construed  to  apply 
to  any  contract  entered  into  by  the  ^  city  prior  to  the  passage 
of  this  act;  provided,  that  in  case  of  emergency,  an  employe 
may  be  required  to  work  longer  than  eight  hours,  but  when  so 
required  to  work  longer  than  eight  hours,  such  employe  shall 
be  ])aid  for  such  over-time  at  the  rate  of  one  and  one-half  times 
the  rate  such  employe  is  paid  for  his  labor  during  the  eight 
hours. 

3.  All  persons  or  corporations  owning  or  holding  personal 
property  or  real  estate  in  the  City  of  Dallas  on  the  first  day 
of  January  of  each  year  shall  be  liable  for  all  municipal  taxes 
levied  thereon  for  the  fiscal  year  beginning  the  next  following 
May. 

4.  The  personal  property  of  all  persons  owing  any  taxes 
to  the  City  of  Dallas  is  hereby  made  liable  for  all  of  said  taxes, 
whether  the  same  be  due  upon  personal  or  real  property,  or 
ui)on  both. 

5.  The  Board  of  Commissioners  shall  have  power  to  provide 
for  taking  an  enumeration  of  the  inhabitants  of  the  city.  And  it 
shall  be  the  duty  of  the  Governor  of  the  State  whenever  the 
Board  of  Commissioners  shall  by  resolution  so  request  to  appoint 
a  commissioner  who  shall  supervise  such  enumeration,  whose 
compensation,  together  with  all  the  expenses  of  such  enumera- 
tion, shall  be  paid  in  such  manner  as  the  Board  of  Commission- 
ers njay  provide. 

6.  The  Board  of  Commissioners  shall  not  have  the  power 
or  authority  to  sell,  lease,  or  in  any  manner  dispose  of  the  city 
hospital,  except  by  the  consent  of  the  majority  of  the  qualified 
voters  of  the  City  of  Dallas  voting  at  an  election  held  for  such 
purpose. 

7.  No  property  of  any  kind — church,  school  or  otherwise — 
in  the  City  of  Dallas  shall  be  exempt  from  any  of  the  special 
taxes  and  assessments  authorized  by  this  charter  for  local  im- 
provements. 

8.  The  fiscal  year  of  the  City  of  Dallas  shall  begin  and  end 
at  12:0]  o'clock,  noon,  on  the  first  day  of  May  in  each  year. 

9.  All  bonds,  contracts  or  other  instruments  requiring  the 
assent  of  the  city,  shall  be  signed  by  the  Mayor,  or  the  acting 
Mayor,  and  all  legal  process  against  the  city  shall  be  served 
upon  the  Mayor,  or  acting  Mayor. 

10.  In  addition  to  the  other  modes  of  collection  anywhere 
in  this  act  provided,  all  taxes  due  the  city,  whether  general  or 
special,    assessments    for    irnprovements    or    otherwise,    may    be 


Art.   XIV,   Sec.   11.  Miscellaneous    Provisions      10?> 

collected  by  an  action  of  de))t,  and  liens  on  real  estate  may  be 
foreclosed  in  any  court  having  jui'isdiction.  The  assessment 
rolls  relating  to  such  taxes  shall  be  taken  as  prima  facie  evi- 
dence of  the  statements  made  therein,  and  the  city  shall  have 
authority  to  become  the  purchaser  at  all  sales  of  property  for 
taxes  due  it,  under  judgTnent  or  otherwise.  It  shall  be  the  duty 
of  the  Mayor  to  attend  such  sales  to  make  such  purchases  if 
they  be  necessary,  or  to  empower  some  other  person  to  do  so 
on  behalf  of  the  city. 

11.  Before  the  City  of  Dallas  shall  be  liable  for  damages  of 
any  kind  the  person  injured,  or  some  one  in  his  behalf,  shall 
give  the  Mayor  or  City  Secretary  notice  in  writing  of  such 
injury  within  thirty  days  after  the  same  has  been  received, 
stating  specifically  in  such  notice  when,  where  and  how  the 
injury  occurred  and  the  extent  thereof.  The  City  of  Dallas 
shall  never  be  liable  on  account  of  any  damage  or  injury  to 
person  or  property  arising  from  or  occasioned  by  any  defect  in 
any  public  street,  highway  or  grounds  or  any  public  work  of  the 
city,  unless  the  specific  defect  causing  the  damage  or  injury  shall 
have  been  actually  known  to  the  Mayor  or  City  Engineer  by  per- 
sonal inspection  for  a  period  of  at  least  twenty-four  hours  prior  to 
the  occurrence  of  the  injury  or  damage,  unless  the  attention  of 
the  Mayor  or  City  Engineer  shall  have  been  called  thereto  by 
notice  therof  in  writing  at  least  twenty-four  hours  prior  to  the 
occurrence  of-  the  injury  or  damage  and  proper  diligence  has 
not  been  used  to  rectify  the  defect  after  actually  known  or 
called  to  the  attention  of  the  Mayor  or  City  Engineer  as  afore- 
said. 

12.  It  shall  not  be  necessary  in  any  action,  suit,  or  proceed- 
ing in  which  the  City  of  Dallas  is  a  party,  for  any  bond,  under- 
taking or  security  to  be  executed  in  behalf  of  said  city,  but  all 
such  action,  suits,  appeals,  or  proceedings,  shall  be  conducted 
in  the  same  manner  as  if  such  bond,  undertaking  or  security 
had  been  given,  and  said  city  shall  be  liable  as  if  sncli  o])ligation 
had  been  duly  given  and  executed. 

13.  The  property,  real  and  personal,  belonging  to  said  city 
shall  not  be  liable  to  be  sold  or  appropriated  under  any  writ 
of  execution  or  cost  bill,  nor  shall  the  funds  belonging  to  said 
city,  in  the  hands  of  any  person  be  liable  to  garnishment  on 
account  of  any  debt  it  may  owe  or  funds  it  may  have  on  hand 
due  any  person,  nor  shall  the  city  or  any  of  its  officers  or 
agents  be  required  to  answer  to  any  writ  of  garnishment  on 
any  account  whatsoever,  nor  shall  said  city  be  liable  to  the 
assignee  of  any  wages  of  any  officer,  agent  or  employe  of  said 
city,  whether  earned  or  unearned,  upon   any  claim  or  account 


lul.    Miscellaneous   Provisions  Art.  XIV.  Sec.  15. 

whatsoever,    and   as    to    the    city   any    such    as.signnienl    shall   be 
absoliitely  void. 

14.  Whenever,  in  the  opinion  of  the  Board  of  Commission- 
ers, any  buildings,  fence,  shed,  awning  or  structure  of  any  kind 
or  part  thereof,  is  liable  to  fall  down  and  injure  persons  or 
property,  the  Board  of  Commissioners  may  order  the  owner  or 
agent  of  same,  or  occupant  of  the  premises,  to  take  down  and 
remove  the  same  within  such  time  as  it  may  direct,  and  may 
punish  by  fine  and  imprisonment,  or  either,  all  persons  failing 
so  to  do.  The  Board  of  Commissioners  shall  have  the  additional 
power  to  remove  the  same  at  the  expense  of  the  city  on  account 
of  the  owner  of  the  property,  and  assess  the  expenses  thereof, 
including  condemnation  proceedings,  as  a  special  tax  against 
the  land,  and  the  same  may  be  collected  as  other  special  taxes 
provided  for  in  this  charter,  or  by  suit  in  any  court  of  competent 
jurisdiction. 

15.  The  Board  of  Commissioners  shall  have  full  power  to 
condemn  all  dangerous  buildings  or  obstructions  of  any  kind 
and  may  provide  regulations  therefor  by  ordinance. 

16.  All  writs,  subpoenas,  or  other  process,  issuing  out  of 
the  city  court,  shall  rtm  in  the  name  of  the  City  of  Dallas,  and 
may  be  executed  and  served  by  the  Chief  of  Police  or  his  depu- 
ties, or  policemen  of  said  c^cy  anywhere  in  Dallas  County,  Texas. 

17.  In  all  cases  where,  by  any  of  the  provisions  of  this  act, 
or  by  ordinances  in  pursuance  thereof,  a  person  is  required  to 
obtain  a  license  for  any  calling,  occupation,  business  or  vocation, 
and  has,  on  complaint  before  the  corporation  court,  been  ad- 
judged guilty  of  violating  any  rule,  regulation  or  ordinance  of 
the  city  in  relation  thereto,  said  court,  in  addition  to  the  punish- 
ment to  be  imposed  therefor,  may  suspend  or  revoke  the  license 
so  granted. 

18.  The  term  "officer,"  as  used  in  this  charter,  shall  apply 
only  to  those  officers  who  are  elected  by  the  people,  or  are  ar» 
pointed  or  confirmed  by  the  Board  of  Commissioners  for  a  fixed 
and  definite  period,  and  the  same  does  not  include  policemen, 
except  the  Chief  of  Police,  and  does  not  include  other  agents  or 
employes  of  said  city.  All  city  officers  and  employes  shall  enter 
into  such  bond  for  the  faithful  performance  of  their  duties  as 
the  Board  of  Commissioners  may  require,  by  ordinance  or  reso- 
lution, and  shall  perform  such  other  and  further  duties  as  the 
Board  of  Commissioners  may  from  time  to  time  prescribe. 

19.  All  qualified  electors  of  the  State  who  shall  have  resided 
for   six   months   immediately   preceding   the   election   within   the 


Air.  XIV,  Sec.  20.  Miscellaneous   Provisions     105 

limits  of  said  city  shall  have  the  right  to  vote  for  Mayor  and  all 
other  elective  officers  of  said  city,  but  in  all  elections  to  deter- 
mine the  expenditure  of  money,  or  assumption  of  debt  or  levy 
special  taxes,  only  those  shall  be  qualified  to  vote  who  pay 
taxes  on  property  in  said  city,  such  qualification  to  be  ascer- 
tained by  an  inspection  of  the  assessment  rolls. 

20.  The  Board  of  Commissioners  shall  have  the  right  to 
remit,  in  whole  or  in  part,  any  fine  or  penalty  belonging  to  the 
city,  which  may  be  imposed  under  any  ordinance,  or  resolution 
passed  in  pursuance  of  this  act. 

21.  No  lien  of  any  kind  can  ever  exist  against  the  public 
school  buildings,  public  halls,  parks  or  public  works  of  the  City 
of  Dallas.  All  sub-contractors,  materialmen,  mechanics  and 
laborers  upon  any  public  works  of  the  City  of  Dallas  are  hereby 
required  to  notify  the  city  of  all  claims  they  may  have  on 
account  of  such  work  against  the  city,  and  when  such  notice 
has  been  given,  the ^ city  shall  retain  an  amount  from  any  funds 
due  the  contractors,  sufficient  to  satisfy  all  claims:  provided, 
that  such  notice  may  be  given  at  any  time  after  such  indebted- 
ness becomes  due  and  before  final  settlement;  and  provided, 
further,  that  no  contractor  or  sub-contractor  shall  issue  any  time 
checks  on  or  on  account  of  any  public  works  of  said  city. 

22.  The  Board  of  Commissioners  shall  require  good  and 
sufficient  bonds  of  all  contractors,  with  at  least  two  good  and 
sufficient  sureties,  who  shall  be  residents  of  the  State  of  Texas. 
No  non-residents  of  the  State  shall  ever  be  received  as  surety 
on  any  bond  payable  to  the  City  of  Dallas,  except  such  guarantee 
companies  as  may  be  satisfactory  to  the  Board  of  Commission- 
ers, and  in  all  cases  at  least  one  of  the  sureties  must  be  a 
resident  of  Dallas  County,  Texas.  When  bondsmen  are  not 
residents  of  Dallas  County,  such  proof  of  their  solvency  may 
be  required  as  the  Board  of  Commissioners  may  deem  necessary. 

23.  All  appropriations  made  or  set  apart  for  the  payment 
of  any  interest  or  sinking  fund,  or  both,  shall,  under  no  circum- 
stances, ever  be  diverted  to  any  other  purpose. 

24.  All  questions  arising  in  administering  said  city  govern- 
ment, and  not  provided  for  in  this  act,  shall  be  governed  by  the 
State  law  in  such  cases  made  and  provided. 

25.  No  office  provided  for  in  this  act,  not  now  already 
existing,  shall  be  held  to  be  created  until  the  same  is  established 
by  an  ordinance  of  the  Board  of  Commissioners. 

26.  This   act   shall   be   deemed   a    public    act,    and    judicial 


106      Miscellaneous   Provisions  Art.  XIV,  Sec.  28. 

notice  shall  be  taken   theieof  in  all   courts  and   i)laces,  without 
the  same  having  been  pleaded  or  read  in  evidence. 

27.  The  Board  of  Commissioners  shall  have  the  power  to 
prohibit  the  working  of  State  convicts  within  the  corporate  limits 
of  the  city. 

28.  The  Board  of  Commissioners  shall  have  power  to  pro- 
hibit minors  from  going  and  being  on  the  public  streets  and  in 
public  places  in  the  City  of  Dallas  between  the  hours  of  9  o'clock 
p.  m.  and  4  o'clock  a.  m.,  at  night,  without  the  consent  of  their 
parents  or  guardians. 

29.  The  provisions  of  this  act,  in  so  far  as  they  may  conflict 
with  any  State  law,  shall  be  held  to  supersede'  the  said  law  to 
that  extent,  and  it  shall  not  be  held  invalid  on  account  of  such 
conflict. 

30.  All  elections  shall  be  held  according  to  the  provisions  of 
the  law  of  the  State  of  Texas  applicable  thereto;  the  presiding 
judges  thereof  shall  be  qualified  voters  in  the  city.  The  Board 
of  Commissioners  shall  provide  for  their  compensation  and 
regulate  and  define  their  duties  and  powers,  and  they  shall 
have  such  .iudges  and  clerks  as  are  in  such  cases  provided  for 
by  the  laws  of  the  State  of  Texas,  which  judges  and  clerks  shall 
be  selected  by  the  presiding  judge.  In  case  the  person  so 
appointed  the  presiding  judge  is  unable,  fails  or  refuses  to  act 
as  such,  or  the  Board  of  Commissioners  shall  fail  to  appoint, 
or  in  case  no  presiding  officer  appears  to  open  the  ])olls,  the 
attending  qualified  voters  shall  api)oint  such  officer,  who  shall 
have  the  same  powers,  and  perform  all  the  duties  of  the  pre- 
siding judge.  But  in  such  cases,  such  judges  shall  in  their 
returns  certify  that  the  presiding  officer  acting  as  such,  was 
duly  elected  by  the  electors  present. 

31.  The  manner  of  conducting,  and  voting  at  such  elections 
under  this  act,  keeping  the  poll  lists,  canvassing  the  votes  and 
certifying  the  returns,  shall  be  such  as  is  provided  by  the  laws 
of  the  State  of  Texas  for  similar  elections,  and  as  may  be 
provided  by   the   Board   of   Commissioners   by   ordinance. 

32.  The  managers  of  elections  shall  be  sworn  to  well  and 
truly  conduct  the  elections,  without  partiality  or  prejudice,  and 
agreeable  to  law.  according  to  the  best  of  their  skill  and  ability, 
which  oath  shall  be  administered  to  the  judges  and  clerks  by 
the  presiding  officer.  The  presiding  officer  shall  be  sworn  to 
discharge  the  duties  of  presiding  officer  of  elections  to  the 
best  of  his  skill  and  ability,  which  oath  shall  be  administered 
by  the  Mayor,  City  Secretary  or  any  justice  of  the  peace. 

33.  Whenever  it  shall  happen  in  any  election  that  there  is 


Art.  XIV,  Sec.   :!4,  Miscellaneous    Provisions      107 

a  tie  between  one  or  more  candidates  for  the  same  office,  the 
Board  of  Commissioners  shall  declare  such  election  void  as 
between  such  candidates,  and  order  a  new  election  for  such 
office,  giving  at  least  ten  days'  notice  thereof. 

Every  person  elected  or  appointed  to  any  office  in  the  City 
of  Dallas  shall,  before  he  enters  upon  his  duties,  take  the  official 
oath  prescribed  by  the  State  Constitution,  and  such  additional 
oath  as  the  Board  of  Commissioners  may  prescribe  to  secure  a 
faithful  performance  of  duty. 

Any  officer  ceacing  to  possess  any  of  the  qualifications  re- 
quired of  him  at  the  time  of  his  election,  shall  thereby  vacate 
his  office,  and  the  same  shall  be  filled  as  herein  provided. 

34.  All  rules  and  regulations  and  ordinances  concerning  the 
police  and  fire  departments  of  the  City  of  Dallas  in  force  when 
this  act  goes  into  effect,  and  which  are  not  in  conflict  with  this 
act,  shall  be  and  remain  in  force  until  altered,  amended  or 
repealed  by  the  Board  of  Commissioners;  and  all  such  rules  and 
regulations  and  ordinances  as  may  be  in  conflict  with  this  act 
are  hereby  repealed. 

Xo  person  shall  be  eligible  to  appointment,  or  to  be  appointed, 
or  serve  as  a  policeman,  officer  of  police  or  fireman  of  the  City  of 
Dallas,  who  shall  have  been  convicted  of  any  offense,  the  punish- 
ment for  which  may  be  confinement  in  the  State  penitentiary;  nor 
shall  any  person  be  appointed  who  is  not  shown  to  be  of  good 
character,  or  who  can  not  read  and  write  the  English  language, 
or  who  does  not  possess  ordinary  physical  strength  and  courage. 

All  policemen  and  firemen  of  the  City  of  Dallas  shall  hold 
their  positions  during  good  behavior,  and  shall  not  be  removed 
from  same  except  for  such  cause  as  in  the  opinion  of  the  Board 
of  Commissioners  renders  them  unfit  to  remain  in  the  service 
of  the  city,  and  after  written  notice  giving  the  grounds  for  such 
discharge  or  removal  and  an  opi)ortunity  to  be  heard  on  such 
charges,  or   reasons. 

The  Board  of  Commissioners  shall  have  the  authority  to  make 
provision  for  the  care  and  sustenance  of  policemen  and  firemen 
who  have  been  disabled  while  in  the  active  discharge  of  their 
duties  in  the  service  of  the  city,  or  who  after  long  and  continuous 
service  have  become,  by  reason  of  old  age  and  infirmities,  inca- 
pacitated to  discharge  their  duties.  After  January  1,  1910,  all 
policemen  and  firemen  who  shall  have  served  continuously  for 
ten  consecutive  years  and  wiio  have  not  been  found  guilty  of 
any  charges  for  violation  of  any  of  the  rules  of  said  department, 
shall    each    receive   as    salary    the    sum    of   .$2.50    per   month   in 


lOS      Miscellaneous   Provisions  Art.  XIV,  Sec.  35. 

addilion  lo  tlieir  regular  salaries;  for  fifteen  years  of  such 
service  $5  per  month  in  addition  to  their  regular  salaries:  for 
twenty  years  of  such  service,  $7.50  per  month  in  addition  to 
their  regular  salaries;  for  twenty-five  years  of  such  service,  $10 
per  month  in  addition  to  their  regular  salaries. 

35.  The  offices  of  ^Nlayor,  Aldermen,  Police  Commissioner 
and  Fire  Commissioner,  as  said  offices  are  at  present  created 
and  constituted  by  the  City  Charter  of  the  City  of  Dallas,  Texas, 
are  hereby  abolished  and  vacated;  and  such  offices  and  the 
salaries  thereof  shall  wholly  cease  and  expire  at  the  time 
when  the  Mayor  and  Board  of  Commissioners,  as  constituted  in 
this  act,'  shall  be  elected  and  qualified.  All  other  officers,  in- 
cluding the  Chief  of  Police  and  the  Chief  of  the  Fire  Department 
of  the  City  of  Dallas,  shall  have  the  right  to  serve  until  the  end 
of  the  terms  for  which  they  w^ere  respectively  appointed  or  elect- 
ed. Such  officers  shall,  however  (except  the  members  of  the 
Board  of  Education),  be  under  the  direct  control,  supervision  and 
management  of  the  Board  of  Commissioners,  as  herein  created, 
and  each  of  said  officei's  shall  be  subject  to  removal  by  said 
Board  for  incompetency,  insubordination  or  any  other  good 
cause,  if  complaints  or  charges  shall  be  preferred  against  him 
and  upon  trial  thereof  he  shall  be  found  guilty  by  said  Boara 
of  Commissioners.  The  salaries  of  said  officers  so  retained  shall 
not  be  increased  or  diminished  during  their  terms  of  office. 

3<).  It  shall  be  the  duty  of  the  ]\Iayor  as  soon  as  this  act 
shall  take  effect,  to  order  an  election  on  the  sixth  Tuesday 
after  this  act  takes  effect,  at  Avhich  election  a  Mayor  and  four 
Commissioners  shall  be  elected  at  large  in  the  City  of  Dallas, 
and  the  proposed  bond  issues  and  special  tax  prescribed  in  Sec- 
tion 3,  Article  XI,  shall  be  submitted  to  the  qualified  property 
taxpayers  of  said  city.  If,  for  any  reason,  the  Mayor  shall  fail 
to  make  such  call  for  said  election  within  forty  days  after  this 
act  becomes  a  law,  th^n  it  shall  be  the  duty  of  the  County  Judge 
of  Dallas  County  to  issue  said  call  for  said  election  and  to  give 
twenty  days'  notice  thereof.  Said  election  slfall  be  held  accord- 
ing to  the  laAvs  of  the  State  oi  Texas  applicable  thereto,  except 
where  the  same  may  be  in  conflict  with  the  provisions  of  this 
act. 

The  presiding  officers  thereof  shall  be  qualified  voters  of 
the  City  of  Dallas  and  shall  receive  such  compensation  and 
perform  such  duties  as  may  be  provided  by  law  and  ordinance 
of  the  City  of  Dallas.  In  case  such  presiding  officer  so  appointed 
fails  or  refuses  to  act,  or  in  case  no  presiding  officer  appears 
to  open   the  polls,  the  attending  qualified   voters   shall   appoint 


Art.  XTV,  Sec.  ?>1.  Miscellaneous   Provisions     109 

such  officer,  who  shall  have  the  same  powers  and  perform  all 
the  duties  of  presiding  judge.  But  in  such  cases  such  judges 
shall,  in  their  return,  certify  that  the  presiding  judge  acting  as 
such,  was  duly  elected  by  the  electors  present,  naming  at  least 
three  such  qualified  electors  present  and  voting.  The  Mayor 
and  four  Commissioners  elected  at  said  election,  as  provided 
herein,  shall  hold  their  respective  offices,  perform  their  duties 
and  receive  their  pay  until  the  first  Tuesday  in  April,  A.  D.  1909, 
and  until  their  successors  are  elected  and  (lualified.  There 
shall  be  held  on  the  first  Tuesday  in  April,  A.  D.  1909,  and 
every  two  years  thereafter,  unless  otherwise  provided  by  law, 
a  regular  election  for  a  Mayor  and  four  Commissioners,  who 
shall  perform  their  duties  and  discharge  the  obligations  con- 
ferred upon  them  by  this  act,  and  who  shall  retain  their  offices 
for  two  years  and  until  their  successors  are  elected  and  qualified. 

37.  All  taxes  lieretofore  levied  and  assessed  by  the  City  of 
Oak  Cliff  and  not  collected  when  this  act  goes  into  effect,  shall 
be  collected  by  the  City  of  Dallas,  as  other  taxes  are  collected. 

38.  The  public  schools  of  Oak  Cliff,  as  they  now  exist,  shall 
be  maintained  and  kept  at  the  present  high  standard,  including 
all  the  grades  as  they  are  now  maintained  under  the  control 
and  management  of  the  Board  of  Education  of  the  City  of  Dallas 
and  the  provisions  of  the  Charter  of  the  City  of  Dallas  applicable 
thereto. 

39.  There  shall  always  be  maintained  within  the  said  terri- 
tory of  Oak  ^.lE  heretofore  annexed  to  the  said  City  of  Dallas, 
an  adequate  fire  station  properly  and  adequately  equipped  with 
sufficient  force  to  operate  the  same  witnout  discrimination. 

Said  territory  oi  Oak  Cliff  heretofore  annexed  to  the  City  of 
Dallas,  is  hereby  declared  to  be  a  residence  district  and  the 
city  government  of  Dallas  shall  never  have  authority  to  permit 
any  intoxicating  liquors  to  be  sold,  bartered  or  exchanged  within 
said  limits.  The  present  statute  of  local  option  as  it  now  exists 
in  said  territory  of  Oak  Cliff  shall  not  be  repealed  or  changed 
by  any  act  of  tue  city  government  of  Dallas,  and  should  any 
election  be  held  on  said  question,  it  shall  be  held  solely  in  the 
entire  justice  precinct  in  which  the  City  of  Oak  Cliff  was  and 
is  situated  prior  to  the  adoption  of  this  act,  to-wit:  Precinct 
No.  7,  Dallas  County,  Texas,  as  it  is  now  constituted. 

The  Board  of  Commissioners  of  the  City  of  Dallas  shall 
expend  for  street  improvements  within  the  limits  of  the  territory 
of  Oak  Cliff  heretofore  annexed  to  the  City  of  Dallas,  annually. 


11(1      Miscellaneous   Provisions  Art.   XIV,   Sec.   40. 

not  less  than  two  thousand   (.?2,000)   dollars  for  a  period  of  five 
years  from  and  after  the  3rd  day  of  July,  1903. 

All  lawful  franchises  and  contracts  made  and  granted  by  the 
City  of  Oak  Cliff  shall  continue  valid  and  unaffected  by  the 
embracing  or  including  within  the  limits  of  Dallas  the  said 
territory:  provided,  that  all  moneys  heretofore  required  by  any 
of  said  contracts  to  be  paid  to  the  City  of  Oak  Cliff  shall  after 
the  passage  of  this  act  be  paid  to  the  City  of  Dallas. 

40.  It  shall  be  unlawful  for  any  person  to  ineumber  or 
obstruct  any  street,  highway  or  grounds  of  the  City  of  Dallas 
with  any  posts,  boxes,  lumber,  fences  or  with  anything  else.  Any 
person  violating  the  provisions  of  this  section  shall  be  subject 
to  a  fine  in  any  sum  in  the  Corporation  Court,  not  exceeding  two 
hundred  dollars,  and  each  and  every  day  that  any  obstruction 
shall  exist  shall  constitute  a  separate'and  distinct  oft'ense. 

41.  No  officer  or  employe  of  the  City  of  Dallas  shall  ever 
accept',  directly  or  indirectly,  any  gift,  favor,  privilege  or  em- 
ployment from  any  public  utility  corporation  enjoying  a  grant 
of  any  franchise,  privilege  or  easement  from  said  city,  during  the 
term  of  office  of  such  officer,  or  during  such  employment  of 
such  employe,  except  as  may  be  authori\zed  by  law  or  ordinance. 
Any  officer  or  employe  of  the  city  who  shall  violate  the  provisions 
of  this  section  shall  be  adjudged  guilty  of  a  misdenieanor  and 
shall  be  imprisoned  in  the  county  jail  not  less  than  three  months 
nor  more  than  twelv©  months,  or  shall  be  fined  not  less  than 
five  hundred  dollars  nor  more  than  one  thousand  dollars,  or  may 
be  punished  with  both  such  fine  and  imprisonment,  and  shall  be 
subject  to  removal  from  office. 

42.  Xo  contract  shall  be  entered  into  by  the  Board  of  Com- 
missioners until  after  an  appropriation  has  been  made  therefor, 
nor  in  excess  of  the  amount  appropriated,  and  all  contracts  shall 
be  made  upon  specifications,  and  no  contract  shall  be  binding 
upon  the  city  unless  it  has  been  signed  by  the  Mayor  and  counter- 
signed by  the  Auditor  and  the  expense  thereof  charged  to  the 
proper  appropriation :  and  whenever  the  contract  charged  to 
any  appropriation  equals  the  amount  of  said  appropriation,  no 
further  contracts  shall   be  countersigned  by  the  Auditor. 

All  contracts,  of  whatever  character,  pertaining  to  public 
improvements,  or  the  maintenance  of  public  property  of  said 
city,  involving  an  outlay  of  as  much  as  five  hundred  ($500) 
dollars  shall  be  based  upon  specifications  to  be  prepared  and  sub- 
mitted to  and  approved  by  the  Board  of  Commissioners:  and 
after  approval  by  the  Board  of  Commissioners,  advertisement 
for   the   proposed   work,   or   matters   embraced   in   said   proposed 


Art.  XIV,  Sec.  43.  Miscellaneous   Provisions     111 

contract,  shall  be  made,  inviting  competitive  bids  for  the  work 
proposed  to  be  done,  which  said  advertisement  shall  be  published 
in  a  dailj-  newspaper  not  less  than  five  times.  All  bids  submitted 
shall  be  sealed,  shall  be  opened  by  the  Mayor  in  the  presence  of 
a  majority  of  the  Board  of  Commissioners,  and  shall  remain  on 
file  in  the  office  of  City  Secretary  and  be  open  to  the  public 
inspection  for  at  least  forty-eight  hours  before  any  award  of 
said  work  is  made  to  any  competitive  bidder. 

The  Board  of  Commissioners  shall  determine  the  most  ad- 
vantageous bid  for  the  city,  and  shall  enter  into  contract  with 
the  party  submitting  the  lowest  secure  bid;  and  if,  in  the  opinion 
of  the  Board  of  Commissioners,  none  of  said  bids  are  satisfactory, 
then  the  Board  of  Commissioners  may  have  the  said  work  done 
by  day  labor,  and  a  detailed  statement  of  all  such  work  done 
by  day  labor,  showing  the  cost  of  same,  shall  be  filed  with  the 
Board  of  Commissioners.  Pending  the  advertisement  of  the 
work  or  contract  proposed,  specifications  tnerefor  shall  be  on 
file  in  the  office  of  the  City  Secretary,  subject  to  the  Inspection 
of  all  parties  desiring  to  bid. 

43.  In  addition  to  all  the  powers  elsewhere  granted  in  this 
act,  the  City  ot  Dallas  shall  have  power  to  prohibit  the  erection, 
construction  and  maintenance  of  oil  houses,  where  oil  is  stored, 
or  oil  yards  in  any  portion  of  the  city,  and  to  prohibit  the  erection 
of  such  oil  houses  or  oil  yards  where  oil  is  stored  within  certain 
distances  of  the  main  lines  of  any  railroad,  and  to  prohibit  the 
erection  and  location  of  oil  houses  and  the  storing  of  same  in 
any  part  of  the  residence  district  of  the  city,  and  to  authorize 
the  inspection  or  a-  such  oil  houses  and  oil  yards;  and  to  require 
the  building  or  construction  of  all  oil  houses  out  of  fire-proof 
material.  To  require  the  construction  of  suitable  fire-escapes 
on  or  in  hotels,  loaging  houses  or  other  buildings,  whether  now 
built  or  hereafter  to  be  built;  to  reguiate  the  construction  of 
all  passenger  or  freight  elevators  used  in  buildings  and  to  pro- 
vide for  their  inspection,  and  to  pass  all  suitable  laws  necessary 
for  the  safety  and  protection  of  life  or  property  in  the  use  of 
such  elevators;  to  regulate  and  prohibit  the  construction  of 
livery  stables  or  blacksmith  shops  in  the  resident  portion  of 
the  City  of  Dallas;  to  prohibit  the  erection  or  construction  of  any 
building  or  structure  of  any  kind  within  the  City  of  Dallas  with- 
out a  permit  first  having  been  issued  by  the  City  for  the  con- 
struction or  erection  of  such  building  or  structure,  and  to  author- 
ize a  fee  to  be  charged  for  such  permit;  to  authorize  the  inspec- 
tion by  the  city  of  all  buildings  or  structures  during  the  progress 
of  their  construction;  to  require  that  all  buildings  shall  be 
constructed  in  comformity  to  the  building  regulations  which  may 


112,     Miscellaneous   Provisions  Art.  XIV,   Sec.  44. 

exist  in  said  city,  or  which  shall  hei'eafter  be  passed;  to  license, 
tax  and  regulate  draymen,  hackmen,  omnibus  drivers,  baggage 
wagon  drivers  and  drivers  of  vehicles  of  every  kind,  and  all 
others  pursuing  like  occupations,  with  or  without  vehicles,  and 
prescribe  their  compensation,  and  to  make  it  a  misdemeanor  for 
any  person  to  attempt  to  defraud  them  of  any  legal  charge  for 
services  rendered;  to  regulate  stands  for  vehicles  and  regulate 
license  and  restrain  runners  for  railroads,  vehicles  of  any  kind, 
hotels,  public  houses  of  any  kind,  or  other  business  of  any  kind; 
to  prohibit  or  regulate  hacks,  move  wagons,  baggage  wagons 
or  drivers  of  any  thereof  from  making  public  stands  in  the  streets 
of  the  city,  and  the  Board  of  Commissioners  may,  if  in  their 
judgment  they  deem  best,  prescribe  certain  bounds,  within  which 
no  hack,  move  wagon  or  other  vehicle  or  wagon  let  for  hire  shall 
occupy  any  portion  of  the  public  streets  therein  for  the  purpose 
of  a  public  stand  or  a  private  stand. 

44.  The  Board  of  Commissioners  shall  have  power  to  sum- 
mon and  compel  the  attendance  of  witnesses,  and  the  production 
of  books  and  papers  before  them  whenever  it  may  be  necessary 
for  the  more  effectiv  discharge  of  their  duties,  and  shall  have 
the  power  to  punish  for  contempt  before  them  with  the  same 
fines  and  penalties  as  the  County  Judge  may  punish  for  con- 
tempt before  the  County  Court.  All  process  shall  be  signed 
by  the  Mayor  and  attested  by  the  City  Secretary,  and  shall  be 
served  by  the  Chief  of  Police  or  any  police  officer  of  the  said 
city. 

4.5.  In  the  event  any  part,  article,  section  or  subdivision  of 
this  act  shall  be  held  to  be  unconstitutional  or  invalid  for  any 
reason,  such  holding  shall  not  be  construed  to  invalidate  or 
impair  the  remainder  of  the  act,  but  the  same  shall  continue  in 
full  force  and  effect  notwithstanding  such  holding. 

46.  The  act  entitled  "An  Act  to  Incorporate  the  City  of  Dallas 
and  grant  it  a  charter,"  contained  in  the  special  laws  of  the 
Twenty-Ninth  I.egislature,  and  all  other  acts  relative  to  the 
incorporation  of  the  City  of  Dallas,  so  far  as  the  same  may 
conflict  with  this  act,  shall  be  and  the^  same  are  hereby  repealed, 
but  all  property  actions,  rights  of  action,  claims  and  demands  of 
every  nature  and  kind  whatever  vested  in  the  city  or  existing 
or  asserted  against  the  city,  under  and  by  virtue  of  said  laws 
hereby  repealed,  shall  vest  in  and  remain  and  inure  to  the 
said  corporation  and  to  the  persons  asserting  such  claims  against 
it,  under  this  act  as  fully  and  completely  in  all  respects  as  if 
the  said  laws  had  not  been  repealed. 

47.  Whenever   any    power,    authority    or   right    is    conferred 


Art.  XIV,  Sec.   48.  Miscellaneous    Provisions     113 

herein  upon  the  City  of  Dallas,  or  upon  the  Board  of  Commis- 
sioners, and  provisions  are  incorporated  herein  for  the  exercise 
thereof  in  different  ways,  each  of  such  provisions  shall  be  held 
and  construed  to  be  cumulative  of  the  other  referring  to  the 
same  subject,  and  in  such  cases,  the  Board  of  Commissioners 
shall  be  empowered  to  use  its  own  discretion  with  respect  to 
which  of  such  powers  it  shall  exercise. 

48.  All  elections  for  the  approval  or  rejection  of  bond  issues, 
the  granting  of  franchises  and  the  levying  of  special  taxes, 
wherein  such  matters  shall  be  submitted  to  a  vote  of  the  tax- 
payers of  the  city,  shall  be  held  at  a  general  election  in  said 
City  of  Dallas,  and  the  elections  held  to  elect  members  of  the 
Board  of  Commissioners  and  the  Board  of  Education  shall  be 
the  only  elections  in  said  city  which  shall  be  denominated  gen- 
eral elections. 

Sec.  48-A.  That  the  Board  of  Commissioners  may  at  such 
time  as  may  be  deemed  advisable  by  them,  order  a  special 
election  to  be  participated  in  and  held  by  the  qualified  voters 
of  the  City  of  Dallas,  who  are  property  tax  payers  in  said  city, 
for  the  purpose  of  determining  upon  the  proposition  of  the 
issuance  of  bonds  of  the  City  of  Dallas,  in  such  an  amount  as 
may  be  deemed  necessary  by  the  Board  of  Commissioners,  in 
order  to  raise  funds  to  dispose  of  and  divert  the  sanitary  sew- 
erage of  the  city  of  Dallas  /  from  being  discharged  into  the 
Trinity  River.  That  subdivisions  five,  six,  seven,  eight  and  nine 
of  Article  II  of  the  City  Charter  or  act  hereby  amended,  shall 
govern  and  control  the  manner  of  issuing  the  bonds  hereby 
authorized;  and  said  election  shall  be  held  in  accordance  with 
the  provisions  of  the  City  Charter  and  laws  of  the  State  ap- 
plicable thereto.      (Amendment  of  1909.) 

49.  The  City  of  Dallas  shall  have  the  same  right  of  appeal 
as  is  allowed  the  defendant  from  the  judgment  of  the  Corpora- 
tion Court  in  all  criminal  cases  involving  the  constitutionality 
or  validity  of  any  statute  of  the  State  of  Texas  or  any  ordinance 
of  the  City  of  Dallas. 

50.  There  shall  be  printed  upon  the  official  ballot  to  be 
used  at  the  first  election  to  be  held  under  this  act,  above  the 
names  of  the  candidates  upon  said  ballot,  the  following  words: 

"For  the  recall." 

•'Against  the  recall." 

Every  qualified  voter  voting  at  said  election  shall  be  entitled 
to  vote  upon  said  subject.  In  the  event  of  a  majority  of  the 
voters  who  shall  vote  thereon  shall  vote  in  favor  of  the  recall, 
the  provisions  of  Article  9  or  this  act  relating  to  said  subject. 


114      Miscellaneous   Provisions  Art.  XIV,  Sec.  51. 

including  all  of  the  provisions  of  said  article,  shall  become  oper- 
ative and  shall  have  full  force  and  effect  as  all  other  provisions 
of  this  act.  If,  however,  a  majority  of  the  voters  voting  upon 
said  subject  shall  vote  against  such  recall  provisions,  the  same 
including  all  the  provisions  of  said  Article  9,  shall  not  take 
effect  and  shall  not  have  the  force  of  law;  provided,  however, 
that  in  the  event  this  subdivision  of  tnis  act  shall  be  held  uncon- 
stitutional or  invalid  for  any  reason,  such  holding  or  decision 
shall  not  in  any  way  affect  or  impair  any  other  article,  section, 
subdivision  or  provision  of  this  act.  And  provided,  further, 
that  in  the  event  this  subdivision  of  this  act  shall  be  held  uncon- 
stitutional or  invalid  for  any  reason,  such  holding  shall  only 
affect  this  subdivision  and  shall  not  be  construed  to  invalidate 
the  provisions  of  Article  9  of  this  act  relating  to  such  subject. 

51.  The  fact  that  the  people  of  Dallas  have  voted  to  request 
the  Legislature  to  pass  a  bill  creating  a  new  charter  for  said 
city  under  which  it  will  have  a  Commission  form  of  government, 
the  near  approach  of  the  end  of  the  session,  and  the  crowded 
condition  of  the  calendar,  creates  an  emergency  and  an  impera- 
tive public  necessity  requiring  that  the  Constitutional  rule  re- 
quiring bills  to  be  read  on  three  several  days  be  suspended  and 
said  rule  is  hereby  suspended,  that  this  act  shall  take  effect  and 
be  in  force  from  and  after  its  passage,  and  it  is  so  enacted. 

A.   B.   DAVIDSON, 

President  of  Senate. 

THOS.   B.   LOVE, 

Speaker  House  of  Representatives. 
Approved  April  13,  19UT. 

T.  M.  CAMPBELL,  Governor. 

I  hereby  certify  that  the  within  S.  B.  No.  316  passed  the 
Senate  April  3,  1907,  by  tAvo-thirds  vote,  ayes  27,  nays  0.  House 
amendments  concurred  in  April  S,  1907,  by  two-thirds  vote, 
ayes  25,  nays  0.  CLYDE  D.  SMITH, 

Secretary  of  Senate. 

I  hereby  certify  that  the  within  S.  B.  No.  316  passed  the  House 
of  Representatives  Avith  amendments  April  8,  1907,  by  the  fol- 
lowing vote,  ayes  105,  nays  0.  BOB  BARKER, 

Chief  Clerk  House  of  Representatives. 

Received  in  the  Executive  Office  this  12th  day  of  April,  A. 
D.  1907,  at  ±±  o'clock  and  —  minutes,  a.  m. 

A.   M.    BARTON, 
Private  Secretary. 


Certificate  of  Secretary  of  State     115 

Received  in  Department  of  State,  this  13tli  day  of  April,  A. 
D.  1907,  at  12  o'clock  and  15  minutes  p.  m. 

L.  T.  DASHIELL, 
Secretary  of  State. 

THE   STATE  OF  TEXAS, 
Department  of  State. 

I,  L.  T.  Dashiell,  Secretary  of  State  of  the  State  of  Texas,  do 
hereby  certify  that  the  attached  and  foregoing  is  a  true  and  cor- 
rect copy  of  S.  B.  No.  316,  being  an  Act  entitled  "An  Act  to  grant 
a  new  charter  to  the  City  of  Dallas,  Dallas  County,  Texas ;  repeal- 
ing all  laws  or  parts  of  laws  in  conflict  herewith,  and  declaring 
an  emergency,"  passed  and  enacted  by  the  Thirtieth  Legislature 
of  the  State  of,  Texas,  and  now  on  file  in  this  department. 

In  testimony  whereof,  I  hereto  sign  my  name  officially  and 
cause  to  be  impressed  hereon  the  seal  of  State  at  my  office  in 
the  City  of  Austin,  Texas,  this,  the  16th  day  of  April,  A.  D.  1907. 

(Seal)  L.  T.  DASHIELL, 

Secretary  of  State. 


Index 


EXPLANATION. 

All  references  are  to  the  articles,  sections  and  sub-sections  of 
the  Charter  and  to  the  pages  as  well.  For  illustration  the 
reference  II-3-2  means  Article  II,  Section  3,  Subsection  or  sub- 
division 2.  Again  the  reference  X-I  means  Article  X,  Section  I. 
Again  the  reference  IX-l-d  would  mean  Article  IX.,  Section  1, 
Subdivision  d. 

Section     Page 
ACT. 

This  act  to  be  considered  public  act,  judicially 

known   XIV-26         106 

This  act  supersedes  state  law  in  conflict  there 

with    XIV-29         106 

AMUSEMENTS. 

City     may     permit,     forbid,     regulate     public 

amusements    II-3-2  11 

City  may  restrain  noises,  performances,  etc. 
tending  to  collect  persons  on  streets  or  side- 
walks  II-3-12  13 

City  may  license,  tax,  prevent,  regulate,  sup- 
press keepers  of II-3-25  14 

ANIMALS. 

City  may  regulate  driving  of,  into,  or  through 

City    II-3-15  13 

City  may  prohibit  cruel  treatment  of II-3-20  13 

City  may  compel  fastening  of  when  attached 

to  vehicles 11-3-21  13 

ANNEXATION. 

Territory  may  be  annexed,  how 1-4  6 

ANNUAL  REPORTS. 

Heads  of  departments  shall  bake III-16  43 

Of  school  disbursements,  etc.,  filed  with  Audi- 
tor    V-I  52 

APPEAL— See  Board  of  Appeals. 

No  bond  required  of  City  in XIV-12         103 

City  may  appeal  from  judgment.  Corporation 

Court  when   XIV-49         113 

ASSESSMENT — See  Assessor  and  Collector  of  Taxes.    See  Taxes. 


Section     Page 
ASSESSOR  AND  COLLECTOR  OF  TAXES. 

Shall  be  under  immediate  supervision  of  Com- 
missioner of  Finance  and  Revenue VII-1  56 

To  make  duplicate  taxrolls VIM  56 

Duties   VIM  56 

Shall  notify  property  owner  if  assessment  is 

to  be  raised VIM  57 

May  prorate  taxes VII-1  57 

Shall  assess  all  property  not  assessed VII-6  59 

Shall  value  property  at  fair  market  price VII-8  59 

May  follow  property  to  collect  taxes VII-9  60 

May  seize  and  sell  personal  property  for  per- 
sonal tax   VIMO  60 

May  sell  real  and  personal  property  for  delin- 
quent taxes  VIM3  61 

Notice  in  sales  of  personal  property .VIM3  61 

Notice  in  sales  of  real  estate VIM4  61 

Shall  make  deed  in  case  of  sales  of  real  estate.  . . VII-16  62 

ATTORNEY  GENERAL. 

Must  approve  street  improvement  bonds X-l-q  80 

Must  approve  bonds    II-2-8  11 

AUDITOR. 

Shall  countersign  bonds  11-2-7  10 

Cannot  be  discharged  by  Commissioners III-13  42 

In  case  of  vacancy  nominating  boards  fills III-24  46 

Nominated  by  nominating  board  and  confirm- 
ed by  Board  of  Commissioners IV-3  49 

Duties  of  IV-3  49 

Salary  $3,000.00 IV-3  49 

Term  of  Office  IV-5  50 

Removable  only  by  impeachment  as  in  case  of 

county   officers    IV-6  51 

Shall  audit  school  disbursements V-1  52 

School  reports   of  disbursements   to   be  filed 

with    V-1  53 

Audits  Park  Board  Expenses VI-2  55 

To  sign  warrants  drawn  by  Park  Board VI-4  55 

Must  countersign  contracts   XIV-42  110 

BOARD  OF  APPEALS. 

Property  owner  may  appeal  to  in  case  of  re- 
assessment of  property VII-5  59 

Board  of  Commissioners  shall  sit  as  Board  of 

Appeals  and  Equalization    VII-S  60 


'138     Index 

Section  Page 
BOARD  OF  COIVIMISSIONERS — See  also  Commissioners. 

No  license  assignable  except  by  permission  of. .  .11-3-24  14 
Generally— See  Art.  Ill,  and  subsections  and 

subdivisions  thereof  HI  36 

All  powers  conferred  on  City  to  be  exercised 

by III-l  36 

Has    control    and    supervision    of    all    depart- 
ments, etc III-13  41 

May  create  offices III-13  41 

Each   Commissioner  may   propose   employees 

of  own  department III-13  41 

May  discharge  any  employee III-13  41 

Has  charge  of  finances III-19  44 

May  pay  debts  and  expenses  of  City III-19  44 

Recount  votes  in  contested  elections III-22  45 

May  fine  for  disorderly  conduct III-22  45 

Confirms  appointment  of  Judge  and  Clerk  of 

Corporation  Court IV-2  48 

Confirms  appointment  of  Auditor IV-3  49 

Shall  levy  school  tax V-1  52 

Has  power  of  veto  over  Board  of  Education 
in  purchase  or  sale  of  property  of  $1000.00  or 

over V-4  54 

To  levy  park  tax VI-4  55 

To  require  bond  of  Collector VIM  57 

May  remove  Collector  if  taxes  are  not  paid  to 

Treasurer VIM  57 

May  provide  for  collecting  of  taxes VII-2  57 

Shall  sit  as  Board  of  Equalization  and  Appeals.  .  .VII-8  60 
May  do  all  necessary   to  assess  and   collect 

taxes    VIMS  62 

May  compromise  taxes,  correct  assessments, 

etc VII-24  64 

Duty  in  regard  to  initiative  and  referendum VIII  64 

Duty  in  regard  to  recall IX  67 

As  to  improvement  of  streets,  sidewalks,  etc X  68 

See  also  Streets,  Sidewalks. 

To  carry  out  contracts  heretofore  made X-l-r  81 

To   see   that   streets,   etc.,   are   not   occupied 

without  franchise  XM  88 

May  provide  sewerage  system XI-4  90 

May  compel  change  of  poles,  removal  of  poles, 

and  wires  underground,  etc XI-6  94 

May  order  bond  election  for  sewer  bonds  to 

divert  from  Trinity    XIV-48-A  113 


Index    119 

Section     Page 
BOARD  OF   EDUCATION. 

Members  of,   shall  not  be  interested  in  con- 
tracts, etc '. ni-21  45 

Schools  in  charge  of V-1  52 

Composed  of  president  and  six  members V-1  52 

Term  of  office  V-1  52 

May  establish  kindergartens   V-3  54 

Board   of  Commissioners   has   power  to  veto 

over,  in  certain  matters  over  $1,000.00 V-4  54 

To  have  control  of  schools  of  Oak  Cliff XIV-38  109 

BONDS-MUNICIPAL. 

City  has   power  to  borrow   money  and  issue 

bonds    II-2-5  9 

Elections  for  must  be  had II-2-5  9 

Serial   authorized    II-2-5  9 

May  be  sold  for  less  than  par II-2-5  9 

Must  be  signed  by  Mayor,  Auditor  and  sealed II-2-7  10 

May  be  made  payable  at  any  time  not  more 

than  forty  years  from  date II-2-7  10 

To  be  forwarded  to  Comptroller II-2-8  11 

To  be  approved  by  Attorney-General II-2-8  11 

To  be  registered  by  Comptroller II-2-8  11 

Complete  information  as  to  must  be  submitted 

by  Mayor  to  Comptroller II-2-9  11 

City  may  issue  $25,000  for  reformatory  or  in- 
dustrial school  II-7-3  22 

Commissioners  may  provide  for  payment  of III-19  44 

Commissioners  may  issue  refunding  bonds III-20  44 

May  be  issued  for  making  permanent  street 

improvements X-l-q  80 

Street  improvement  shall  not  be  sold  for  less 

than  par X-l-q  80 

Street  improvement  must  be  approved  by  At- 
torney General X-l-q  80 

Street  improvement  must  be  registered  with 

Comptroller X-l-q  80 

Certain  bonds  to  be  submitted  at  first  election. . .  .XI-3  89 

To  be  signed  by  Mayor XIV-9  103 

Elections  for  must  be  at  general  election XIV-48  113 

Election  as  to  sewer  bonds  to  divert  sewerage 

from  Trinity  River XIV-48A  113 

BONDS— Official. 

Mayor  and  Commission  to  give III-IO  40 

Auditor  to  give   IV-3  50 


120     Index 

Section     Page ' 
Officers    to   give   such    as    Board    of   Commis- 
sioners may  prescribe   XIV-18  105 

BOOKS. 

City  may  examine  as  to  gross  receipts II-8-6  26 

City  may  inspect  in  fixing  rates  of  francliise 

holders   II-8-7  27 

Board  of  Commissioners  may  compel  produc- 
tion of  in  the  discharge  of  duties XIV-44         112 

BUDGET. 

Mayor  to  submit  annual III-15  42 

Appropriations  to  be  made III-16  43 

Malfeasanace  for  Commissioners  to  make  ap- 
propriations beyond  probable  revenues III-16  44 

Appropriations  for  interest  and  sinking  fund 

shall  not  be  diverted XIV-23         105 

BUILDINGS. 

City  may  inspect  and  regulate iI-3-35  16 

City  may  regulate  and  prohibit  wooden  in  fire 

limits n-4-1  16 

City   may   declare   dilapidated   nuisance   and 

abate II-4-1  16 

!      City    may    regulate   when   dangerous    on    ac- 
count of  fires II-4-2  17 

Where  crowds  congregate,  City  may  regulate 

exits,  doors,  etc II-4-4  17 

City  may  require  fire  escapes  in II-4-5  17 

City  may  require  scuttles  in  roofs  of  and  lad- 
ders thereto   II-4-7  17 

City  may  authorize  inspection  of II-4-8  18 

City  may  authorize  destruction  of,  when  in- 
fested with  the  germs  of  any  infectious  disease. .  .11-5-3  18 

City  may  provide  buildings  for  its  purposes II-7-3  21 

City   may   condemn   or  require   to    be   taken 

down  when  about  to  fall XIV-14  104 

City  may  condemn  dangerous XIV-15  104 

City  may  require  fire  escapes XIV-43  111 

City  may  regulate  elevators  in XIV-43  111 

City  may  require  permit  for  erecting  and  fees. .  .XIV-43  111 

City  may  require  inspection  of XIV-43  111 

CHIEF  OF   POLICE. 

May  serve  writs,  subpoenas,  out  of  City  Court.  .  .XIV-16  104 

Is  Officer    XIV-18  105 

Present  holds  until  end  of  term XIV-35  108 

Process  served  by  XIV-44  112 


Index     121 

Section     Page 

CITY  ATTORNEY. 

To  bring  suit  for  forfeiture   oi   franchise,    if 

annual  statement  not  made 11-8-37  35 

Cannot  be  discharged  by  Commissioners 111-13  42 

In  case  of  vacancy,  Mayor  appoints III-24  46 

Appointed  by  Mayor IV-1  46 

Duties  generally   VI-1  46 

Assistants  may  be  appointed IV-1  47 

Term  of  office IV-5  50 

Removable  only  by  impeachment,  as  in  case 

of  county  officers IV-6  51 

To  see  that  streets  are  not  occupied  without 

Franchise XI-1  88 

To  compare  enrolled  ordinances,  etc XIII-1  100 

CITY  SECRETARY. 

Alphabetical  list  of  tax-payers   shall   be  pre- 
pared and  placed  in  office  of VII-8  60 

Shall  prepare  ballot  for  elections III-2  36 

To  examine  signatures  in  initiative  and  refer- 
endum matters  VIII-1  64 

Duty  in  case  of  recall IX  67 

May  administer  oath  to   presiding  officer   of 

elections   XIV-32  106 

Attests  process XIV-44  112 

CITY  TREASURER. 

Office  let  Dy  contract  to  highest  bidder IV-8  51 

Duties,  Dond,  salary  IV-S  51 

Shall  hold  moneys  collected  for  school   pur- 
poses   • V-1  52 

Park  funds  to  be  deposited  with VI-4-VI-2  55 

Collector  shall  pay  taxes  to  in  24  hours VII-1  56 

COMMISSIONERS — See  also  Board  of  Commissioners. 

Shall  be  elected  by  qualified  voters  at  large III-l  36 

Elected,  when,  and  term  of  office III-2  36 

Qualifications   III-5  38 

Confirm  appointments  by  Mayor III-6  38 

Shall  elect  Mayor  pro  tem III-6  38 

Shall  designate  Police  and  Fire  Commission- 
er, etc III-8  39 

Shall  be  responsible  for  all  departments III-8  39 

Shall  receive  |3,000  a  year III-8  39 

Duties  of,  as  to  auditing  accounts III-9  40 

To  make  statement  of  collections III-9  40 

To  give  bond III-IO  40 


12^ 


Section  Page 

General  powers III-11-13  41 

May  create  offices  and  fix  salaries III-13  41 

Confirm  appointments  of  Mayor III-13  41 

Meetings    III-14  42 

Shall  not  be  in  employ  of,  or  receive  gift,  etc. 

from  company  having  franchise III-21  45 

Shall  not  be  interested  in  work,  contract,  etc III-21  45 

May  administer  oaths III-23  45 

In  case  vacancy,  Mayor  appoints III-24  46 

Elected,  when,  and  term  of  office XIV-36  108 

COMPETITIVE  BIDS, 

School  Board  may  make  contracts  on V-1  53 

In  all  contracts  over  $500.00 XIV:42  110 

COMPTROLLER. 

Bonds  shall  be  forwarded  to II-2-S  11 

Bonds  shall  ue  registered  by  on  approval  of 

Attorney  General II-2-8  11 

Shall  see  that  tax  is  levied  to  create  sinking 

fund  for  bonds  II-2-9  11 

Shall  see  that  sinking  fund  is  invested II-2-9  11 

Street  Improvement  bonds  must  be  registered 

with  X-l-q  81 

CONDEMNATION. 

City  may  condemn  property  for  public  use  in 

or  out  of  City II-l-l  6 

City  m,ay  condemn  for  burial  grounds II-5-1  18 

City  may  condemn  in  connection  with  Trinity 

River  II-5-5  19 

City  may  condemn  property  for  water  works, 

gas,  electric  lights,  etc II-7-1  21 

City  may  condemn  for  dock  and  wharves II- 7-9  23 

City  may  condemn  for  public  sanitary  closets II-7-11  23 

City  may  condemn  for  public  purposes XI-5  91 

Method  of  XI-5  91 

City   may   condemn    fences,     buildings,    etc., 

about  to  fall  down , XIV-14  104 

City  may  condemn  buildings XIV-15  104 

CONTRACTS. 

Heretofore  made  to  be  carried  out  by  Board 

of  Commissioners   X-l-r  81 

Persons  bound  by  liable  to  forfeit  of  $50.00 

when XI-7  95 

Of  Oak  Cliff  valid XIV-39  109 


Index     123 

•                  Section  Page 
Board  of  Commissioners  aliall  not  make  un- 
less   appropriations    tlierefor XIV-42  110 

Must  be  signed  by  Mayor  and  countersigned 

by  Auditor  XIV-42  110 

Sliall  be  made  on  specifications XIV-42  110 

Over  $r)00.00  made  on  competitive  bids XIV-42  110 

CORPORATION  JUDGE. 

Cannot  be  discharged  by  Commissioners III-13  42 

In  case  of  vacancy  Mayor  appoints III-24  46 

Qualifications   IV-2  47 

Appointed  by  Mayor IV-2  47 

Term  of  office IV-5  50 

Removable  only  by  impeachment   as  in  case 

of  County  officers  IV-6  51 

DAY  LABOR. 

.    City  may  do  work  by XIV-1  102 

Eight  hours  work  to  day XIV-2  102 

City  may  do  work  by XIV-42  111 

DISCRIMINATION. 

By  public  service  corporation  for  forfeiture II-8-8  27 

ELECTIONS. 

Special  for  levy  of  not  exceeding  one  per  cent. 

additional  tax II-2-1  7 

Special  for  levy  of  not  exceeding   i/4   of  one 

per  cent,  high  school,  etc II-2-2  8 

Special  for  levy  of  not  exceeding   i^,   of  one 

per  cent,  school,  etc II-2-2  8 

For  bonds    II-2-5  10 

As   to   granting   franchises   when    500    voters 

petition II-8-4  24 

As   to    purchase   of   properties   at    end    of   IS 

years  of  franchise    ' II-8-9  27 

Of   Mayor  and    Commissioners,   when    and    how.  .111-2  .36 

Primary   : III-3  37 

Governed  by  general  laws 111-4  38 

In   case   of   vacancy   in   Mayors'    office,    Com- 
missioners order  election I1I-7  39 

Board  of  Commissioners  may  recount  in  con 

test  of    III-22  45 

In  case  of  initiative  and  referendum VIIl-1-a-b  64 

In  initiative  and  referendum  only  one  special 

to  be  held  in  six  months Vlll-l-b  65 


124     Index 

In  recall    IX  67 

In  case  of  proposed  sale  of  hospital XIV-6  102 

To  be  held  according  to  general  law XIV-30  106 

Qualifications,  pay  and  duties  of  judges  of XIV-30  106 

If  judges  fail  to  appear,  qualified  voters  may 

select  XIV-30  106 

Voting  at  to  be  according  to  general  law XIV-31  107 

Oath  of  managers  of XIV-32  107 

In  'case  of  tie  void,  and   new  election  to  be 

held    XIV-33  107 

First   election    under   this   article    held   when 

and  how XI V-36  108 

Local    option    in    Oak    Cliff    to    be    in    justice 

precint   there    XIV-30  1 09 

Bond  franchises,  special  taxes  must  be  at  gen- 
eral      XIV-48  113 

General  election  defined XIV-48  113 

Special  any  time  as  to  Trinity  River  sewer 

diversion    bonds    XIV-48A  113 

FAIR    PARK. 

Park  Board  may  let  out,  etc VI-5  55 

Not  in  prohibitea  saloon  limits XII-1  97 

Saloons  in  lawful,  when XIM  97 

Excess  of  tax  levy  to  be  used  exclusively  in 
purchase  of  more  grounds  or  improving  Fair 
Park    VI-7  56 

FEES. 

City    may    ])rovide    inspection    fees      as      to 

weight  and   measures II-3-5  12 

City  may  provide  inspection  fees  as  to  milk II-3-8  12 

City  may  exact  in  excavation  in  streets II-7-5  22 

City  may  exact  in  permits  for  buildings XIV-43  112 

FINES. 

City  may  provide  workhouse  for  those  re- 
fusing to  pay   II-.3-28  15 

City  may  enforce  ordinances  by  fine  not  ex- 
ceeding   .$200.00 II-3-37  16 

City    may   provide    commutation    of    fines    by 

work,    etc II-3-37  16 

Board  of  Commissioners  may  remit XIV-20         105 

In  case  of  obstruction   of   streets,   etc..   with 

boxes,  etc XIV-40         110 

For  employee  or  officer  accepting  gift,  employ- 
ment, etc.,  from  person  holding  franchise XIV-41         llO' 


Index     125 

FIRE    DEPARTMENT. 

City  may  create,  regulate  and  maintain 11-4-1  16 

Free    transportation    may    be    autliorized    to 

members   of    II-8-S  27 

Qualification  of  firemen    XIV-34  107 

Removable  for  cause  only XIV-34  107 

Firemen  hold  during  good  behavior XIV-34  107 

Firemen   may    be   provided  for   by   Board   of 

Commissioners,    when    disabled XIV-34  107 

Salaries  of  firemen  XIV-34  107 

FISCAL    YEAR 

Annual  budget  for  to  be  submitted III-15  43 

Begins  12  "clook  noon,  May  1 Ill-lti  43 

Defined XIV-S  103 

FORFEITURE. 

Of  franchise,  right  or  privilege  to  be  finally 

by  courts   II-3-38  16 

Of  franchise  for  failure  to  produce  books,  etc., 

as  to  gi'oss  receipts II-8-6  25 

Discrimination  by   public   service  corporation 

ground  for  II-8-8  27 

Franchise   may   be    forfeited     for    failure    to 

comply  with  conditions  thereof II-8-10  28 

Franchise  of  steam  railroads,  foi'feited  if  com- 
pensation for  not  paid II-8-20  30 

City  Attoi-ney  shall  bring  suit  for  if  franchise 

holder  fails  to  file  annual  statement II-8-37  35 

Franchise  forfeited  by  suit IV-1  47 

Persons  holding  franchise  or  conti-act  liable 

to  $50.00  forfeit  when XI-7  95 

City  may  forfeit  franchise  if  conditions  not 

complied  with  or  taxes  or  bonus  not  paid XI-8  96 

See  Saloons. 

FRANCHISES. 

Finally  forfeited  by  Court  only II-3-38  16 

See  generally f  1-8  23 

Granted  only  by  ordinance II-8-1  23 

City  may  grant  for  heat,  light,  power,  tele- 
phone, refrigeration,  steam,  carriage  of  pas- 
sengers or  freight  II-8-2  23 

As  to  manner  of  passing  ordinance  granting II-8-4  24 

Commissioners  shall  submit  question  of  grant- 
ing to  election  on  petition  of  500  voters II-8-4  24 

20  years  limit  of II-8-5  25 


126     Index 

Section     Page 
None  to  be  granted  to  last  longer  than  that  of 

franchise  already  enjoyed II-8-3;  11-8-5      24-25 

None  to  be  granted  to  commence  later  than  6 

months  after  passage II-S-3  24 

May  be  forfeited  if  books,  etc.,  not  produced 

as  to  gross  receipts II-8-6  25 

May  be  forfeited  for  discrimination II-8-8  27 

Must  provide  that  City  may  purchase  at  end 

of  18  years   II-8-9  27 

May  be  forfeited  for  non-compliance  with  con- 
ditions   II-8-10  28 

Shall  be  codified,  indexed,  and  printed II-S-11  28 

To  street  and  interurban  railways  shall  pro- 
vide that  other  interurbans   may   enter  city 

over  tracks   II-S-12  28 

To  interurban  railways  authorized II-8-14  29 

Compensation  for  shall  be  provided II-8-16  29 

City  may  grant  to  steam  railroads II-8-18  30 

Referendum  applies  as  to  steam  railroads II-8-21  30 

City  may  grant  under  streets  or  sidewalks  or 
over   same   to   abutting   property   owners   for 

compensation II-8-22  30 

II-8-23  31 
None  granted  to  street  or  other  railroads  un- 
less on  consent  of  majority  front  feet II-8-24  31 

Of  street  car  companies,   etc.,  not  to  be  ex- 
tended, granted  or  amended  unless  transfers 

are  agreed  to  be  given II-S-26  31 

City  may  require  one  company  to  permit  an- 
other company  to  use  tracks,  poles,  etc II-8-30  34 

Companies  holding  shall  not  issue  bonds  or 

stocks  except  for  money,  etc II-S-31  34 

Companies    holding    must    file    annual    state- 
ments   II-8-37  35 

City  Attorney  to  approve  all  ordinances  grant- 
ing   IV-1  46 

City  Attorney  to  report  on  affidavit  from  ten 

witnesses IV-1  46 

Initiative  and  referendum VIII  64 

Must  be  obtained  before  occupying  streets,  etc..  .  .XI-1  88 

Parties  holding  providing  for  repair  of  streets 

liable  to  $50.00  forfeit  when XI-7  95 

May  be  forfeited  if  holder  fails  to  comply  with 

or  pay  taxes XI-8  95 


Index     127 

Of    Oak    Cliff    Valid-Moneys    due    Oak    Cliff 

therefrom  to  be  paid  City XIV-39         109 

Election  as  to  must  be  at  general  election XIV-48         113 

GARNISHMENT. 

City  not  subject  to XlV-13         103 

Officers  or  agents  of  City  not  subject  to XIV-13         103 

GENERAL  POWERS. 

City  empowered  to  enact  any  and  all  ordin- 
ances  on   any   subject  not   inconsistent  witb 

general  laws  or  charter II-1-2  7 

City  shall  have  all  powers  of  municipal  gov- 
ernment    II-1-2  7 

Police  powers II-3  11 

INDEBTEDNESS— See   Bonds. 

Limit,  15,000,000.00   II-2-5  9 

Commissioners  may  fund  and  refund III-20  44 

INITIATIVE  AND  REFERENDUM  OF  ORDINANCES. 

Generally  VIII  64 

INTEREST. 

On  bonds  must  be  provided  for II-2-5  9 

On  indebtedness  to  be  provided  for  in  budget III-16  43 

On  taxes  back  assessed VII-5  58 

On  taxes VII-12  61 

Appropriations  for  shall  not  be  diverted XIV-23  105 

INTERPRETATION. 

Rule  of  Specific  powers  shall  not  be  construed 

to  limit  general  powers II-1-2  7 

See  also   II-2-3  8 

In  case  any  section  declared  invalid XIV-45  112 

In  case  of  different  methods  of  action  given XIV-47  112 

As  to  recall XIV-50  113 

LIBRARY. 

City  may  provide,  establish,  maintain II-S  22 

City  shall  set  aside  out  of  general  fund  .00015 II-8  22 

LICENSES— See  Saloons. 

None  to  be  issued  for  longer  than  one  year 11-3-24  14 

Not  assignable  except  by  permission  of  Board 

of  Commissioners II-3-24  14 

Corporation  Court  may  suspend  or  revoke 
when  holder  adjudged  guilty  of  violation  of 
ordinance,  etc XIV-17         104 


128     Index 

LIENS. 

A  lien  shall  exist  on  property  of  street  rail- 
way repairing,  etc II-8-26  31 

Lien  shall  exist  to  secure  taxes VII-9  60 

Lien  shall  exist  to  secure  penalties  on  taxes VII-12  61 

On  railroads,  street  railroads,  franchises,  for 

pavement  between  tracks,  etc X-l-d  69 

Lien  shall  exist  to  secure  taxes VII-9  60 

On   property   for   improvements   taken    notice 

of  after  ordinance  passed  by  all  parties X-l-s  82 

Exist  on  property  of  franchise  holder  to  se- 
cure payment  of  bonus XI-S  95 

Suits    for    foreclosure    of    tax    liens    may    be 

brought    XIV-10         102 

Shall    not    exist    on    public    school    buildings, 

halls,  parks,  etc XIV-21         104 

LIQUORS. 

Generally    96 

City  may  levy  occupation  taxes  against  those 

selling  II-2-3  i 

City  may  regulate  places  where  sold  and  can- 
cel license  for  cause   II-3-3  11 

City  may  restrain,  regulate,  prohibit  sale  or 

gift  of  to  evade  tax  or  penalty II-3-30  15 

City  may  license,  tax,  regulate  places  where 

intoxicating  or  fermented,  sold II-3-24  14 

City  may  prevent  sale,  barter  or  gift  of,  in 
places  where  theatrical  or  dramatic  represen- 
tation are  given  II-3-3 1  1 5 

City  may  regulate  inspection  and  sale  of II-5-11  20 

None  to  be  sold  in  reservation  for  prosti- 
tutes     XII-1  96 

Not  to  sold  in  Oak  Cliff XIV-39         109 

Not  to  be  sold  in  Oak  Cliff XII-1  97 

MAYOR. 

Shall  sign  bonds   II-2-7  10 

Shall  forward  bonds  to  Comptroller n-2-8  11 

Shall    furnish    statement    as    to    bonds,    tax, 

levies,  taxable  property  to  Comptroller II-2-9  11 

Powers  conferred  on  City  to  be  exercised  by 

and  Commissioners   III-l  36 

Shall  be  qualified  voter III-5  38 

Shall  be  President  and  member  of  Board   of 

Commissioners    III-l  36 

Elected   when,  and  term   of  office III-2  36 


Index  129 

-Member  of  Hoard  of  Coniniissioners 111-6  38 

Duties  of   III-C  38 

Nominates  appointive  officers 111-6  38 

Salary  of  II-6  38 

In  case  of  death,  resignation,  etc.,  of,   Mayor 

protem  shall  exercise  duties 1 11-7  40 

To  give  bond IIMU  40 

To  approve  ordinances 111-12  41 

To  nominate  officers 111-13  41 

To  make  recommendations 111-15  42 

To  submit  annual  budget 111-15  42 

To  submit  recommendations  as  to  changes  in 

estimates   111-16  43 

Shall  not  be  in  employ  of  any  company  hold- 
ing franchise,   etc 111-21  45 

Shall    not    receive    gift,    etc.,    from    company 

holding  franchise   111-21  25 

Shall  not  be  interested  in  work,  contract,  etc 111-21  45 

Appoints  City  Attorney lV-1  46 

Appoints  Judge  Corporation  Court lV-2  47 

Approves  bond   of  Auditor lV-3  49 

Shall  attend  tax  sales VII-18  63 

XlV-10  103 

To  sign  bonds XIV-9  103 

May   administer  oath    to    presiding    officer   of 

election    XIV-32  106 

As  now  constituted,  abolished XlV-35  108 

Elected,  when,  and  term  of  ofRce XIV-36  108 

Signs  contracts XlV-42  110 

Signs  process    XIV-44  112 

MAYOR   PRO  TEM. 

Board  of  Commissioners   s.hall  elect 1II-6  39 

Duties  and  i)0wers  of 111-6  39 

MEETINGS. 

Board   of   Commissioners 111-14  42 

Special  meetings 111-14  42 

Shall  be  open  111-14  42 

Board  of  Commissioners  may  punish  for  dis- 
orderly conduct  in 111-22  45 

Of  Board  of  Education   V-2  54 

NOTICE 

City  not  liable  unless  notified  of  injury,  etc XlV-11  103 

City    not    liable    unless    Mayor    or    Engineer 

knew  or  notified  of  defect  before  Injury,  etc.  .  .  .XIV-11  103 


130     Index 

NUISANCES. 

City  of  Dallas  empowered  to  abate  and  remove.  .  .11-1-2  7 

City  of  Dallas  may  define  and  abate. .- Ii-3-20  15 

City   may   declare   dilapidated    buildings    and 

abate   11-4-1  16 

OAK  CLIFF. 

No  saloons  to  be  established  or  conducted  in XII-1  96 

Taxes  due  to  be  collected  by  City  of  Dallas XIV-37         109 

Schools  to  be  maintained  at  high  standard XIV-38         109 

Fire  station  to  be  maintained  in  Oak  Cliff XIV-39         109 

Liquors  not  to  be  sold  in XIV-39         109 

Board  Commissioners  to  expend  $2,000.00  an- 
nually for  five  years  from  July  3,  1903 XIV-39         109 

Franchises  and  contracts  of  inure   to  benefit 

of  Dallas  XIV-39         109 

OATHS. 

Commissioners  and  Secretary  may  administer.  . .  .111-23  45 

May   be   administered   by    City  Attorney    and 

assistants IV-1  46 

May    be    administered    by    Clerk    Corporation 

Court  and  Deputies IV-2  47 

Officers  to  take XlV-33         107 

OCCUPATION    TAXES. 

Authorized  II-2-3  8 

Assessor  and  Collector  shall  collect VIM  56 

OFFICER. 

Shall  not  be  interested  in  work,  etc III-21      ■     45 

Elective  officer  may  be  removed  by  recall IX  67 

Defined XIV-18         104 

To  give  bond  XIV-1 S       104 

To  perform  such  duties  as  Board  Commission- 
ers may  prescribe XIV-18         104 

Presiding  in  Elections.     See  Elections. 

To  take  oath  before  entering  on  duties XIV-33         107 

Vacates  office  when  he  ceases  to  have  any  of 

qualifications  XIV-33         107 

Present    officers    hold    until    end    of    term    at 

same  salary  XIV-35         108 

Present  officers  under  Board  Commissioners XIV-35        108 

Shall  not  accept  gift,  employment,  etc.,  from 

franchise  holding  corporation,  etc XIV-41         110 

OFFICES. 

Commissioners  may  create III-13  41 

One  year  only III-13  41 

See  Employee 111-21  45 


Index  131 

Board  of  Commissioners   may  create lV-7  51 

Not  exceeding  one  year IV-7  51 

Shall  not  be  held  to  be  created  until  estab- 
lished by  ordinance  XlV-2r)  105 

ORDINANCES. 

As  to  franchises,  how  passed II-8-4  24 

As  to  franchises,  how  passed 11-8-15  29 

Must  receive  at  least  three  votes III-14  42 

Granting  franchises  must  be  drawn  by  City 

Attorney IV-1  46 

See  Initiative  and  Referendum VIII  64 

Adopted  by  vote  of  the  people,  repealable  or 

amendment  to  only  by  vote  of  the  people Vlll-l-b  65 

To  be  submitted  in  referendum  may  be  printed. Vlll-l-b  65 

When   take    effect VIII-2  66 

Generally XIII  100 

Enrolled,  when  and  how XIII-1  100 

To  be  published,  when  and  how  long XIII-1  100 

Style    of XIII-2  101 

Pleading  of ■ XIII-4  101 

Published   XIII-5  lOl 

In  existence  when  charter  takes  effect  to  re- 
main in  force  until  altered,  amended  or  re- 
pealed   XIII-6  101 

Invalid  or  defective  under  former  charter  but 

good  if  passed,  under  this  validated XIII-7  101 

PARK  BOARD. 

Generally VI  54 

Established,  duties,  powers,  term  of  office VI-1  54 

Funds  paid  out,  how VI-2  54 

To  adopt  rules,  etc VI-3  55 

May  let  Fair  Park VI-5  55 

May  let  Fair  Park  for  race  meets  or  Fair,  etc VI-5  55 

Has  charge  of  funds VI-5  55 

Qualifications — No  compensation VI-6  56 

To  have  guards  commissioned  as  policemen VI-6  56 

Excess  of  tax  over  amount  necessary  for  Fair 
Park  warrants  to  be  used  in  buying  more  land 

or  improving  Fair  Park .VI-7  56 

PARKS— See  Park  Board. 

City  may  establish,  maintain,  improve  grade II-7-4  22 

Inalienable  except  by  ordinance,  etc 11-8-1  23 

Under  control  and  management  of  Park  Board VI-1  54 

Funds  from  or  for  deposited  with  City  Treas- 
urer   VI-2  54 


l;i2      Index 

Section  Page 

City  may  condemn   property  for XI-5  91 

PENALTIES. 

As  to  transfers.     See  Transfers. 

On  taxes VII-12  61 

In  case  of  redemption  from  tax  sales VII-19  63 

Board  of  Commissioners  may  remit, XIV-20  105 

For  ofricer   or   employee    accepting   gift,   em- 
ployment, etc.,  from  holder  of  franchise XIV-41  110 

For  establishing   saloon  without   license XII-4  99 

For  failing  to  discontinue  after  license  revoked.  .XII-S  100 

POLICE    DEPARTMENT. 

City  may  establish  and  prescribe   duties  and 

regulate  conduct  of  policemen II-3-1  11 

Free  pass  may  be  granted  to  members  of 11-8-8  27 

Park  guards  or  policemen  removable  by  Park 

Board    VI-6  .56 

Qualifications  of  policemen XIV-34  107 

Hold  position  during  good  behavior XIV-34  107 

Removable  only  for  cause XIV-34  107 

Policeman  may  be  cared  for  when  disabled.  ..  .XIV-34  107 

Salaries  of  policemen XIV-34  107 

Police   officer   serves    process XIV-44  112 

May  serve  writs,  subpoenas,  etc XIV-16  104 

Policemen  not  officers XIV-18  104 

Chief  of  Police  officer XIV-18  304 

Rules  of  in  effect  unless  in  conflict  with  this 

act     XIV-34  107 

POLICE  POWER— Generally II-3  11 

PROPERTY. 

Platting  of  into  lots  and  blocks  regulated 1-3  6 

City  may  sell • H-l-l  6 

City   of  Dallas   empowered   to   enact   and   en- 
force ordinances  to  protect II-1-2  7 

All    property    of    every    kind    now    owned    by 

City  shall  continue  to  belong  to  City II-1-3  7 

May  be  inspected  in  interest  of  health II-5-13  20 

City  may  acquire  in  any  way  for  any  muni- 
cipal purpose II-7-2  21 

City  may  sell II-7-2  21 

City  may  establish  grade  of II-7-6  22 

Inalienable  except  by  ordinance,  etc II-8-1  23 

PUBLIC  UTILITIES— See  Franchises. 

City  may  regulate  charges  of II-8-27  33 

generally  see XI  88 


Index     133 

Section     Page 
QUARANTINE. 

City    may    destroy    clothing,    buildings,    etc., 

where  necessary    II-5-3  18 

City  may  make  quarantine  laws II-5-4  19 

<aUORUM. 

Of  Board  of  Commissioners  for  transaction  of 

of  business    III-14  42 

RAILROADS— Steam. 

City  may  prohibit  and  regulate  bells  and  whis- 
tles and  speed  of II-3-14  13 

City  may  require  removal  of  abandoned  and 

restore  streets    II-3-18  13 

City   may    regulate     and    license     dealers     in 

tickets  II-3-24  14 

City  may  give  franchises  to II-8-18  30 

Shall   pay   compensation   for   franchise   to   be 

not  less  than  $10.00  per  annum II-8-19  30 

No .  franchise   on    streets    unless    majority    of 

front  feet  gives  consent II-8-24  31 

City  may  require  to  drain  and  light  streets II-8-26  31 

City  may  direct  laying  of  tracks,  switches,  etc..  11-8-26  31 

City  may  require  to  pay  for  paving,  grading, 

draining  and  repair  and  to  light  same II-8-26  31 

City  may  direct  laying  of  tracks,  etc II-8-28  33 

City  may  require  to  light II-8-28  33 

City  may  require  to  have  gates  and  watchman.  .11-8-28  33 

To  pay  for  pavement  between  tracks  and  two 

feet  on  each  side  thereof X-l-d  69 

Runners    for    City   may    regulate,    license,    re- 
strain    XIV-43         111 

RATES. 

City  may  regulate  of  vehicles II-3-6  12 

City  may  regulate  price  of  bread 11-3-8  12 

City  may  determine,  fix  and  regulate  of  fran- 
chise holders II-8-7  26 

In  fixing  of  franchise  holders,  watered  stocks 

and  bonds  not  to  be  considered II-8-7  26 

City  may  compel  attendance  of  wittnesses  and 

books,  etc II-8-7  26 

Interurbans  shall  not  charge  in  excess  of  five 

cents  per  passenger  for  local  service II-8-26-a  33 

City  may  regulate  rates,  etc.,  of  gas,  etc II-8-27  33 

City   may   regulate   charges   and  rates  of   ve- 
hicles, etc XIV-43         111 


134      Index 

Section     Page 

RECALL, 

Generally    IX  67 

To  be  submitted  to  election XIV-50         114 

Rules  of  interpretation  as  to XIV-50         114 

REFERENDUM. 

Initiative  and  VIII  64 

As  to  franchises    II-8-4  24 

As  to  interurban  railways II-8-17  30 

Applies  to  railroads  except  switches  less  than 

block  long   II-8-21  30 

Generally,    see  .Article    VIII.      Also    see    title 
Initiative  and  Referendum  of  ordinances. 

RULES. 

Board    Commissioners   may   adopt ...III-22  45 

Board  Education  may  establish  as  to  schools V-1  52 

Park  Board  to  adopt  for  parks VI-3  55 

Board  of  Commissioners  shall  make  to  secure 

complete  reditions VII-8  60 

SALOON. 

Drinking    saloon — City    may    levy    occupation 

tax  against  keepers  of II-2-3  8 

City  may  regulate  and  cancel  license  for  cause.  .11-3-3  11 

Not  to  be  located,  established,  maintained  or 

conducted  outside  of  Saloon  limits XII-1  96 

No  saloons  to  be  in  Oak  Cliff XII-1  96 

None    to    be    established    in    reservation    for 

prostitutes   XII-1  96 

To  stay  closed  from  midnight  till  5  a.  m XII-1  96 

To    stay    closed   from    midnight    Saturday    to 

5  a.  m.  Monday   XII-1  96 

To  keep  Federal  license  posted XII-1  96 

License  forfeited  if  owner  or  keeper  convict- 
ed violation  of  any  law XII-1  96 

Owner   or  keeper  not  to  be  licensed  in   two 

years  if  license  forfeited XII-1  96 

Board  of  Commissioners  may  make  orders  as 

to  saloons  when  complaint  made XII-1  96 

Applications  for  license  to  be  made XII-2  98 

No  saloons  to  be  in  residence  district XII-2  98 

Residence  district  XII-2  98 

Conditions   of  license XII-2  98 

License   not   to   be   transferred    without   per- 
mission Board  Commissioners XII-3  99 

Board  Commissioners  may  compel  attendance 

of  witnesses  in  matters  of XII-3  99 


Index    135 

Section     Page 

Penalty  for  establishing,  etc.,  without  license.  ..  .XII-4  99 
Penalty  for  failure  to  discontinue  salooh  after 

license  is  revoked  XII-5  100 

SALARIES. 

Mayor  III-6  39 

Commissioners III-8  40 

Commissioners  may  create  offices  and  fix III-13  41 

Auditor IV-3  49 

City  Treasurer IV-8  51 

SEWERS. 

City  may  cause  to  be  cleaned,  etc.- II-5-10  20 

City  may  construct,  operate,  own II-7-1  21 

City  may  permit,  regulate,  prevent  laying  of 11-7-7  22 

Laid  in  streets  or  alleys  shall  be  property  of 

City    II-7-7  22 

No  company  shall  use  streets     for     without 

franchise    XI-1  88 

Board  of  Commissioners  may  provide  for XI-4  90 

Board  of  Commissioners  may  levy  tax  for XI-4  90 

Where  to  be  laid XI-4  90 

City   may   condemn   property  for XI-5  91 

SIDEWALKS. 

City    may    restrain    noises,    etc.,    tending    to 

collection  of  persons  on II-3-12  13 

City   may   restrain    noises    annoying   persons 

passing   on    II-3-11  13 

City  may  prohibit  soliciting  on II-3-13  13 

City  may  establish,  improve,  grade II-7-4  22 

City  may  remove  obstructions  from II-7-4  22 

Cost  of  construction  and  repair  to  be  borne 

by  property   owners 11-7-4  22 

City  may  establish  change,  grades  of 11-7-6  22 

To  be  restored  in  good  condition  after  pipes 

are  laid   11-7-7  22 

See  Streets.    See  X.    Page  68. 

As  to  improvement  of '. X-2  82 

Include   curbs    X-2  82 

Ordinance  may  be  passed  declaring  failure  of 

property  owners  to  build  criminal  offense X-2-f  84 

If  property  owner  fails  to  construct.  City  may 

do  so  at  his  expense X-2-g,h,i,j,k  84 

Property  owner  may  sue  City  in  regard  to X-2-1  88 

SINKING    FUND. 

Must  be  created  to  retire  bonds II-2-5  9 

Must  be   invested II-2-5  9 


136      Index 

Section  Page 

Must  not  be  diverted II-2-6  10 

Comptroller  to  see  that  it  is  invested II-2-9  11 

Board   of   Commissioners    shall    preserve   and 

create    in    budget III-16  43 

Board  of  Commissioners  may  retire  any  1)ond 

by  using  sinking  fund  thereof III-20  44 

Appropriations  for  shall  not  be  diverted XIV-23  105 

SPEED. 

City  may  regulate  speed  of  railroads II-3-14  13 

City  may  regulate  speed  of  automobiles,  etc II-3-33  15 

City  may  regulate  speed  of  engines,  locomo- 
tives, street  cars  II-8-26  31 

City   may   regulate   speed   of   railroad   trains, 

street  cars,   etc II-8-28  34 

STANDS. 

For  vehicles  may  be  provided  near  depots II-3-6  12 

City  may  regulate,  prohibit XIV-43         112 

STOCKS  AND    BONDS. 

Of    companies    holding    franchises    cannot    be 

issued  except  for  money,  etc • II-8-31  34 

II-8-32  34 
II-8-33           34 
Companies  desiring  to   issue   must  file   state- 
ment with  Secretary II-8-34-35           34 

City  may  authorize II-8-36  35 

STREET  RAILROADS. 

City  may  require  removal  of  abandoned  tracks 

and  restoring  of  streets II-3-18  13 

City  may  contruct,  operate,  own 11-7-1  21 

Franchise   to    shall    provide   that     interurban 

may  enter  City  over  tracks II-8-12  28 

No  franchise  to  unless  majority  of  front  feet 

consent   II-8-24  31 

City  may  regulate  speed  of  street  cars II-8-26  31 

City   may   require    to    grade,    pave,   repair   or 

repave  streets II-8-26  31 

City  may  require  issuance  of  transfers II-8-26  ol 

City  may  direct  laying  of  tracks II-8-28  33 

City  may  require  to  light  streets II-8-28  33 

City  may  require  gates  and  watchmen II-8-28  33 

City  may  prevent  horse  railways    II-8-29  34 

To  pave  between  tracks  and  two  feet  on  each 

side  thereof X-l-d  69 

Shall  not  use  streets,  etc.,  without  franchise XI-1  88 


Index     137 

Section     Page 
STREETS. 

Platting-  of  property  must  conform  to  existing 

streets   1-3  6 

City  shall  in  no  case  pay  for  streets  opened 

by  any  plat 1-3  6 

Stands  for  vehicles  near  depots  may  be  pro- 
vided     II-3-6  12 

Noises,  etc.,  tending  to  collection  of  persons 

on  City  may  restrain II-3-12  13 

Performances,  etc.,  tending  to  annoy  persons 
passing  on  streets  or  sidewalks  may  be  pre- 
vented   II-3-11  12 

City  may  prohibit  soliciting  of  alms  on II-3-13  13 

City  may  license,  regulate  and  prohibit  street 

parades  II-3-25  14 

City  may  establish,  open,  maintain,  improve, 

grade II-7-4  22 

Sprinkle    II-7-4  22 

Regulate  use  of  II-7-4  22 

City  may  remove  obstructions,  encroachments.  .  .  .11-7-4  22 

City  may  prevent  excavations  in  near  depots II-7-5  22 

City  may  regulate,  establish  and  change II-7-6  22 

To  be  restored  in  good  condition  after  laying- 
pipes,   etc iI-7-7  22 

Inalienable  except  by  ordinance II-8-1  23 

Street  improvements — embrace  what X  68 

As  to  improvement  of  streets,  proper X-1  68 

Improvement  bonds,  $100,000.00  to  be  sub- 
mitted  at  first  election XI-3  89 

City  may  condemn  property  for Xl-5  91 

Persons  bound  to  repair  by  contract  or  fran- 
chise liable  to  $50.00  forfeit,  when XI-7  95 

City  not  liable  for  injury  from  defects  in  un- 
less it  has  notice XIV-11         10*1 

Not  to  be  incumbered  with  boxes,  posts,  etc.  .  .  .XIV-40         110 
City    may    regulate,    prohibit    stands    for    ve- 
hicles in    XIV-43         111 

SUITS. 

City  may  sue  and  be  sued II-l-l  6 

Pending  suits  shall  continue  unabated II-1-3  7 

In  tax  suits  City  may  set  up  good  description 

of  property  intended VII-22  63 

City  may  sue  for  taxes.. VII-24  64 

May  be  filed  for  taxes  against  railroads,  etc., 

as  to  paving,  etc X-l-d  70 


138     Index 

Section    Page 

As  to  paving  matters X-l-i  76 

City  or  property  owner  may  file  suit  for  $50.00 
forfeit  for  failure  to  repair  street  by  person 

bound  by  contract  or  franchise  so  to  do XI-7  95 

Process  served  on  Mayor  in  suits  against  City..XIV-9         102 

City  may  sue  for  taxes XIV-10         102' 

City  not  liable  unless  Mayor  or  Engineer  has 

notice  of  defect  before  injury XIV-11         103 

City  not  liable  unless  Mayor  or  City  Secre- 
tary notified    XIV-11         103 

No  bond  required  of  City  in XIV-12         103 

Pending  unaffected   XIV-46         112 

City   may   appeal   from   cases   in   Corporation 

Courts  as  to  validity  of  ordinance,  etc XIV-49         113 

TAXES. 

City  may  levy  one  and  one-half  per  cent II-2-1  7 

City    may   levy    one    per    cent,    additional    by 

majority  vote    II-2-1  7 

City  may  levy  not  exceeding  one-fourth  of 
one  per  cent,  for  schools,  high  school,  re- 
pair thereof,   etc II-2-2  7 

Occupation  authorized  II-2-3  8 

Shares  of  corporations,  companies,  banks,  etc., 

subject  to  II-2-4  9 

Commissioners  to  make  statement  of  collec- 
tions     III-9  40 

Board  of  Commissioners  to  levy  annual  when. . .  .111-17  44 

Board  of  Commissioners  to  levy  special  when III-17  44 

Board   of    Commissioners    may    provide     for 

prompt  collection  III-18  44 

Property  may  be  sold  for III-18  44 

Assessed    in    accordance    with    general      laws 

unless   otherwise   provided III-18  44 

Special  may  belevied  to  pay  bonds  and  out- 
standing indebtedness III-19  44 

Commissioners  shall  levy  for  schools V-1  52 

Commissioners  shall  levy  park  tax VI-4  55 

On  the  general  subject  taxes  see VII  56 

Duplicate  assessment  rolls  to  be  made VII-l  56 

Rolls  to  be  approved  by  Board  of  Commis- 
sioners     VII-l  56 

Assessor  and  Collector  may  prorate VII-l  56 

Board  of  Commissioners  may  provide  for  col- 
lection of  VII-2  57 

Property  may  be  sold  for VII-2  57 


Index    139 

Section     Page 

Assessable  iu  accordance  with  general  law VII-2  57 

Tax  rolls,  renditions,  etc.,  made  how VIl-S  58 

Property   to   be   rendered   for   and   notice   by 

assessor   to   be   given VII-4  58 

Back  assessment  of  property   escaping VII-5  58 

Supplement  rolls   VII-5  58 

No   irregularity   in   rolls   or   approval   thereof 

shall    invalidate    assessment VII-7  59 

All  property  to  be  rendered VII-S  59 

All  property  to  be  valued  at  fair  market  value.  .  .VII-S  59 
Board  of  Commissioners  to  make  rules  to  se- 
cure renditions,  etc VII-8  59 

Alphabetical  list  of  tax  payers  to  be  prepared.  . .  .VlI-8  59 

Lien  to  secure  shall  exist VIl-9  60 

Assessor    and    Collector    may    sell    personal 

property  for VII-10  60 

Payable  at  office  of  Assessor  and  Collector VII-11  60 

Property  may  be  sold  for Villi  60 

No  demand  for  necessary VII-12  61 

Penalties    on    VII-12  61 

Interest  on   , VII-12  61 

Assessor  and    Collector    may    sell    real    and 

personal  property   for VII-13  61 

Sale  of  personal  property  for  how  made VII-13  61 

Sale  of  real  estate  for  how  made VII-14  61 

Board   of  Commissioners  may   do   all   that  is 

necessary  to  assess  and  collect VII-15  62 

Deed  in  case  of  sales  of  real  estate  for VII-16  62 

No   redemption  when  personal   property   sold 

for    VII-17  62 

City  may  be  purchaser  at  tax  sales VII-18  63 

Redemption  in  case  of  sales  of  real  estate VIM  9  63 

After  two  years  purchaser  at-*tax  sale  of  real 

estate  may  secure  absolute  title VlI-20  63 

Assessments,  rolls  s,nd  levies  validated VII-2 1  63 

In  tax  suits  City  may  set  up  good  description 

of  property  intended VII-22  63 

Property  owner  estopped  to  question  descrip- 

.  tion  given  by  him VII-23  63 

City  may  sue  for  taxes: Vll-24  64 

Rolls  shall  be  prima  facie  evidence  of  facts 
stated  therein  and  that  taxes  w^ere  properly 

levied    VII-24  64 

Board   of   Commissioners      may      compromise 

taxes  and  correct  assessments VII-24  64 


140      Index 

*i 
No  irregularity  shall  defeat  suit  unless  it  oper- 
ated injuriously    VII-24  64 

For  improvements  between  rails,  etc.,  of  rail- 
roads, etc.,  to  be  levied X-l-d  G9 

25  cents  may  be  levied  for  ])ernianent   street 
improvements  and   interest  and   sinking   fund 

for  street  bonds X-l-q  SO 

25   cents   special   tax   to  be  submitted   at   first 

election     XI-3  89 

Board    of    Commissioners    may    levy      special 

sewer   tax    XI-4  90 

Special   may  be  levied   in   certain   cases   when 

property  is  condemned XI-5  93 

Failure    of    franchise    holder    to    i)ay    ground 

for  forfeiture    XI-8  95 

Persons  owning  property  on  Jan.  1,  liable  for.  .  .  .XIV-o         102 
Personal  property  liable  for  all  taxes  on  both 

personal  property  and  real  estate XIV-4         102 

No   property   exempt   from    special    taxes    for 

local    improvements    XIV-T         102 

Suit  may  be  brought  for XIV-10         102 

Rolls    prima   facie    evidence    of    facts    therein 

appearing '.  xiV-10         102 

Special   in   case  of  dangerous   buildings,   etc., 

taken  down    XIV-14         104 

Belonging  to  Oak  Cliff  to  be  collected  by  City 

of  Dallas   XIV-37         109 

Election  for  special  taxes  must  be  at  general 

election    XIV-48         113 

THEATRES. 

City    may    permit,    forbid,    regulate II-3-2  11 

City  may  prevent  loud  or  immoral  theatrical 

exhibitions     II-3-17  1.^ 

City  may  license,  tax,   regulate,   prevent,   sup- 
press theatrical  exhibitions 11-3-25  14 

City  may  regulate  doors  and  stairways  of II-4-4  17 

TRANSFERS. 

City   may   rerpiire   street   car   companies,   etc., 

to  issue II-S-26  32 

TRINITY   RIVER. 

City    may    preserve    and    improve    puriry    of 

water  of  ...      II-5-5  19 

Election   as   to  bonds   to   divert   sewage   from 

Trinity  River  any  time XIV-48-A         113 


Index     141 

Section     Page 
\  ESTED    RIGHTS. 

Unaffected  by  this  act  or  charter XIV-46         112 

VETO. 

Mayor  has  III-12  41 

President  of  Board  of  Education  has V-2  53 

Board  of  Commissioners  has  power  of  over 
Board  of  Education  in  certain  matters  involv- 
ing ove  r  .$1 000.00 V-4  54 

WATER— See    Water   Works. 

City  may  regulate,  permit,  prevent  laying  of 

mains    11-7-7  22 

Pipes  laid  in  streets  property  of  city II-7-7  22 

City  may  regulate  price  of II-8-27  33 

WATER    WORKS. 

City  may  own    II-7-1  21 

No  franchise  shall  be  granted  to  any  per- 
son, etc II-8-2  23 

City  shall  have  exclusive  right  to  operate XI-2  88 

May  prescribe  rates XI-2  88 

May  compel  owners  of  property  to  pay  water 

charges XI-2  88 

Receipts  and  revenues  to  be  used  for  system, 

sewer    system,    etc.  XI-2  88 

Receipts  may  be  pledged  XI-2  88 

Bonds    $500,000.00    to    be    submitted    at    first 

election XI-3  89 

City  may  condemn  property  for  water  mains, 

reservoirs,  etc XI-5  91 

City   may    condemn   property    for   purpose   of 

enlarging   XI-5  91 

WITNESS. 

City  may  compel  attendance  as  to  gross  re- 
ceipts     II-8-6  25 

City  may  compel  attendance  in  fixing  rates  of 

franchise  holders    II-8-7  27 

Board  of  Commissioners  may  compel  attend- 
ance in  saloon  matters  XII-3  99 

Board  of  Commissioners  may  compel  attend- 
ance in  discharge  of  their  duties XIV-44         112 


—1910— 
Park  L.  Payn 

Printing 
Dallas,  Texas 


^^^t^^  J^^^ 
^ 


CHARTER 


CITY  AND  COUNTY  OF  DENVER 


FRAMED  BY  THE 

SECOND  CHARTER  CONVENTION 

FEBRUARY  6,  1904 


BY  AUTHORITY  OF  ARTICLE  XX  OF  THE 
CONSTITUTION 


TO  BE  VOTED  ON  MARCH  29,  1904 


CHARTER 


OF  THE 


CITY  AND  COUNTY  OF  DENVER 


FRAMED  BY  THE 

SECOND  CHARTER  CONVENTION 

FEBRUARY  6,  1904 


BY  AUTHORITY  OF  ARTICLE  XX  OF  THE 
CONSTITUTION 


TO  BE  VOTED  ON  MARCH  29,  1904 


OFFICERS  AND  MEMBERS 


SECOND  CHARTER  CONVENTION 


CITY  AND  COUNTY  OF  DENVER. 


OFFICERS. 

President CHARLES  H.  MARSHALL 

Vice-President HARPER  M.  ORAHOOD 

Secretary CHARLES  W.  VARNUM 

Assistant  Secretary WILLIAM  H.  McCLURE 

Sergeant-at-Arms JAMES  COLLINS 

Doorkeeper A.  L.  BARKER 

Stenographer ALICE  M.  CLARKE 


MEMBERS. 

CHARLES  M.  BROWN  AUGUST  J.  SPENGBL 

THOMAS  F.  DALY  HUGH  L.  TAYLOR 

JACOB  FILLIUS  CHARLES  S.  THOMAS 

JOHN  GAPPY  EDWARD  F.  TRUNK 

ALICE  POLK  HILL  THOMAS  E.  WATTERS 

DAVID  K.  LEE  WM.  F.  WEBB 

REV.  C.  H.  MARSHAL [.  CLAY  B.  WHITFORD 

HARPER  M.  ORAHOOD  HIRAM  G.  WOLFF 

OSCAR  REUTER  BENJ.  E.  WOODWARD 

WM.  H.  SHARPLEY  ADOLPH  J.  ZANG 
JOS.  C.  SHATTUCK 


PREFATORY  SYNOPSIS 


The  second  charter  convention  submits  to  the 
people  of  the  city  and  county  a  draft  of  a  charter  com- 
prising fifteen  articles,  with  their  proper  subdivisions. 
The  total  number  of  sections  is  354,  and  the  subjects 
to  which  they  severally  relate  are  tabulated,  with 
proper  references,  in  the  synopsis  of  contents  hereto 
attached. 

Article  I  defines  the  boundaries  of  the  city  and 
county  as  outlined  by  article  XX  of  the  state  consti- 
tution. 

Article  II,  comprising  sections  4  to  23,  inclusive, 
entitled  Legislative  Department,  is  intended  to  define 
the  powers  and  duties  of  the  council.  The  dual  sys- 
tem now  in  force  is  retained,  with  an  increase  of  the 
board  of  supervisors  from  five  to  seven  in  number. 
The  city  and  county  is  divided  into  seven  districts, 
and  a  supervisor  living  in  each  district  shall  be  elected 
at  large.  One  alderman  from  each  ward  is  provided 
for,  and  the  ultimate  number  of  wards  limited  to 
twenty-one.  Provision  is  made  for  the  exercise  of 
the  initiative  and  referendum,  as  required  by  arti- 
cle XX. 

Article  III,  relating  to  the  executive  department, 
comprises  sections  24  to  130,  inclusive.  The  depart- 
ment comprises  a  mayor,  attorney,  clerk,  recorder, 
sheriff,  coroner,  superintendent  of  schools,  assessor, 
auditor,  treasurer,  commissioner  of  supplies,  commis- 
sioner of  sprinkling,  department  of  fire,  police  and 


IV 

excise,  department  of  public  utilities  and  works, 
department  of  parks,  department  of  health,  depart- 
ment of  charity  and  correction,  a  commissioner  of 
highways,  and  other  subordinate  appointive  positions. 
The  mayor,  attorney,  clerk,  recorder,  sheriff,  coroner, 
superintendent  of  schools,  assessor,  auditor  and  treas- 
urer are  elective.  All  other  executive  officers  are 
appointed.  The  term  of  the  elective  officers  is  fixed 
at  four  years.  The  members  of  the  board  of  fire, 
police  and  excise,  and  public  utilities  and  works  are 
appointed  by  the  mayor,  the  commissioner  of  excise 
being  ex-officio  chairman  of  the  fire  and  police  board. 
The  board  of  public  works  is  composed  of  the  engineer 
and  highway  commissioner,  together  with  the  presi- 
dent, to  be  appointed  by  the  mayor.  All  appointees 
are  either  subject  to  removal  by  the  mayor  for  causes 
not  political,  or  at  his  pleasure.  One  member  of  each 
board  must  be  of  different  political  faith  from  the 
others.  The  members  of  the  park,  library  and  charity 
and  correction  commissions  serve'  without  compensa- 
tion. It  is  believed  that  due  provision  is  made  for  all 
the  phases  and  needs  of  the  executive  department. 

Article  IV  comprises  sections  131  to  148,  inclu- 
sive, and  relates  to  the  judicial  department.  Two 
judges  of  the  county  court  are  provided  for,  one  of 
whom  shall  be  elected  every  two  years,  except  that 
at  the  first  election  one  of  the  judges  i^hosen  shall 
serve  for  a  shorter  term.  Provision  is  made  for  three 
justices  of  the  peace,  and  as  many  constables.  The 
police  court  is  abolished,  the  duties  of  such  court  being 
imposed  upon  the  justices  of  the  peace. 

Article  V,  sections  148  to  165,  inclusive,  relates 
to  officers  and  salaries.  The  duties  required  of  the 
various  officers,  their  responsibilities  and  compensa- 
tion are  fixed,  and  all  persons  in  the  employ  of  the 
city  and  county  whose  salaries  are  not  specifically 
mentioned  are  classified  as  employes.  The  salaries  are, 
in  some  instances,  increased  as  are  the  duties  attached 


to  the  various  positions.  In  other  respects  the  salaries 
are  those  now  prevailing. 

Article  VI,  relating  to  elections,  comprises  sec- 
tions 166  to  184,  inclusive.  The  elections  are  fixed 
for  the  third  Tuesday  of  May,  1904,  and  each  alter- 
nate year  thereafter.  An  election  commission,  com- 
posed of  three  members,  is  created,  with  full  authority 
in  all  matters  of  registration  and  election.  One  mem- 
ber of  such  commission  shall  be  of  different  political 
faith  from  the  others,  and  a  salary  of  $1,000  per 
annum  is  provided  for  each  member. 

Article  VII,  sections  185  to  210,  inclusive,  relates 
to  the  civil  service.  The  convention  has  named  a 
commission  for  two  years,  after  which  the  mayor  shall 
appoint  such  members  for  six,  four  and  two  years, 
respectively,  and  one  member  shall  be  appointed  every 
two  years  thereafter.  The  commission  serves  with- 
out compensation,  and  the  departments  specified  in 
article  XX  are  placed  under  its  control.  One  member 
shall  be  of  different  political  faith  from  the  other  two. 

Article  VIII,  sections  21 1  to  251,  inclusive,  relates 
to  finance  and  taxation.  It  includes  provisions  for 
police  department  relief  fund  and  firemen's  pension 
fund.  It  is  believed  that  the  article  fully  covers  the 
general  subject  of  the  public  revenue,  including  taxa- 
tion, accounting,  appropriations,  and  bonded  and 
other  indebtedness.  A  limitation  is  placed  upon  the 
amount  of  public  indebtedness,  and  provision  is  made 
for  the  refunding  of  all  existing  liabilities. 

Article  IX,  sections  252  to  264,  inclusive,  relates 
to  public  utilities,  and  provides  for  the  management 
and  operation  thereof. 

Article  X,  sections  265  to  269,  inclusive,  relating 
to  franchises,  repeats  the  language  of  article  XX  upon 
the  subject,  and  limits  all  franchises  granted  to  twenty 
years.  It  reserves  to  the  people  the  right  to  regulate 
rates  for  service,  and  provides  for  the  granting  of 
licenses  or  permits,  revocable  at  any  time. 


VI 

Article  XI,  sections  270  to  332,  inclusive,  is 
devoted  to  the  subject  of  public  improvements.  The 
board  may  initiate  paving  districts  of  not  to  exceed 
twelve  blocks,  without  petition,  but  the  time  for 
remonstrance  has  been  extended  from  thirty  to  sixty 
days,  and  the  percentage  reduced  from  51  per  cent,  to 
35  per  cent.,  and  no  monopoly  material  can  be  used. 
Ample  provision  is  made  for  necessary  sanitary  sew- 
ers, and  for  all  public  improvements  needed  or  desired 
from  time  to  time,  and  for  the  payment  therefor  by 
assessments  and  from  the  general  revenues.  The  sub- 
jects of  parks,  trees,  suburban  improvement  districts. 
Cherry  creek  and  Platte  river  are  fully  provided  for. 

Article  XII,  sections  333  to  337,  inclusive,  gives 
the  council  power  to  change  the  channel  of  Cherry 
creek. 

Article  XIII,  sections  338  to  347,  inclusive,  de- 
fines the  rights  and  liabilities  of  the  city  and  county. 

Article  XIV  is  the  schedule.  Provision  is  here 
made  for  the  continuation  of  ordinances.  It  also 
contains  the  usual  precautionary  requirements  natur- 
ally falling  under  this  subject. 

Article  XV,  providing  for  an  auditorium,  is  taken 
from  the  charter  proposed  by  the  first  convention. 


SYNOPSIS   OF   CONTENTS. 
Preamble  Page6 

ARTICLE  I.                     g^^tions. 
Boundaries ^"     ^ 

ARTICLE  II. 

Legislative  department 4:-  19 

Initiative  and  referendum ^0-  23 

ARTICLE  III. 

Executive  department _    24 

Mayor 25-  32 

Attorney 3^'  ^^ 

Clerk 37-  38 

Seal ■■ 39 

Recorder 40-  41 

Sherife 42-43 

Coroner 44 

County  superintendent  of  schools 45 

Assessor 46 

Auditor    47-  50 

Treasurer 51-  59 

Commissioner  of  supplies 60-  62 

Inspection   63 

Department  of  fire,  police  and  excise 64-69 

Excise '^0-  81 

Department  of  public  utilities  and  works .   82-  90 

Commissioner  of  highways 91 

Department  of  parks 92-105 

Department  of  health 106-112 

Department  of  charity  and  correction ....  113-120 

Art    121-124 

Libraries    125-130 


ARTICLE  IV. 

Sections. 

Judicial  department 131 

County  court 131-140 

Justices'  courts 141-144 

Clerks  of  justices'  courts 145-146 

Constables  147-148 


ARTICLE  V. 
Officers  and  salaries 149-165 


ARTICLE  VI. 

Elections   166-168 

Election  commission 169-184 


ARTICLE  VII. 
Civil  service 185-210 

ARTICLE  VIII. 

Finance  and  taxation 211-220 

Custody  of  public  moneys 221-233 

Several  funds 234-238 

Police  department  relief  fund 239-241 

Firemen's  pension  fund 242 

Accounting 243-244 

Public  indebtedness 245-247 

Additional  appropriations 248 

Memorial  day 249 

Limitation  of  bonded  indebtedness 250 

Bonded  indebtedness  and  refunding 251 

ARTICLE  IX. 

Public  utilities 252-264 


5 

ARTICLE  X. 

Sections. 

Franchises 265-269 


ARTICLE  XL 

Public  improvements 270-277 

Sidewalks 278-281 

Sewers   282-292 

Viaducts  and  tunnels 293-297 

Assessment  and  payment 298-311 

Bonds 312-314 

Contracts 315-316 

Gas  and  water  connection 317 

Trees 318 

Suburban  improvement  districts.. 319 

Cherry  creek  improvement 320 

Platte  river 321 

Eminent  domain 322 

Parks   323-329 

Miscellaneous   330-332 


ARTICLE  XII. 
Changing  channel  of  Cherry  creek .333-337 

ARTICLE  XIII. 
Rights  and  liabilities 338-347 

ARTICLE  XIV. 
Schedule 348-353 

ARTICLE  XV. 
Auditorium    354 


PKEAMBLE. 

We,  the  people  of  the  city  and  county  of  Denver, 
under  the  authority  of  the  state  of  Colorado,  do  or- 
dain and  establish  this  charter  for  the  city  and  county 
of  Denver. 


CHARTER  OF  THE  CITY  AND  COUNTY  OP 
DENVER. 


ARTICLE  I. 

BOUNDARIES. 

Section  1,  The  boundaries  of  the  city  and 
county,  with  the  powers  of  annexation,  shall  be  as 
defined  by  the  constitution  and  the  laws  of  the  state  of 
Colorado. 

Section  2.  The  city  and  county  may  be  divided, 
or  resubdivided,  by  ordinance,  into  not  less  than  six- 
teen (16)  nor  more  than  twenty-one  (21)  wards,  and 
into  election  precincts  for  election  purposes;  Pro- 
vided that  until  changed  by  ordinance,  and  for  all 
the  purposes  of  said  election  and  of  membership  in 
the  board  of  aldermen,  the  territory  within  the  limits 
of  the  city  and  county  existing  at  this  time  is  hereby 
divided  into  sixteen  (16)  wards,  corresponding  in' 
numbers  and  boundaries  with  the  wards  of  the  city 
and  county  heretofore  established  and  now  existing. 

Section  3.  The  city  and  county  is  hereby  divided 
into  seven  (7)  supervisor  districts,  and  for  all  the 
purposes  of  membership  in  the  board  of  supervisors 
wards  numbers  fifteen  (15)  and  sixteen  (16)  shall 
be  known  as  district  number  one;  wards  numbers  six 
( 6 )  and  seven  ( 7 ) ,  district  number  two ;  wards  num- 
bers one  (1),  two  (2)  and  eleven  (11),  district  num- 
ber three;  wards  numbers  three  (3),  four  (4)  and 
five  (5),  district  number  four;  wards  numbers  eight 
(8)  and  nine  (9),  district  number  five;  wards  num- 
bers ten  (10)  and  fourteen  (14),  district  number 
six;  wards  numbers  twelve  (12)  and  thirteen  (13), 
district  number  seven. 


Provided  that  if  the  number  of  wards  be  changed 
by  the  council  the  boundaries  of  said  districts  may 
also  be  changed  by  ordinance ;  but  each  ward  shall  be 
wholly  in  such  supervisor  district,  and  each  district 
shall  be  composed  of  contiguous  territory. 

ARTICLE  II. 

LEGISLATIVE  DEPARTMENT. 

Section  4.  All  legislative  powers  conferred  by 
the  constitution  upon  the  city  and  county,  except  as 
otherAvise  provided,  shall  be  vested  exclusively  in  a 
council,  consisting  of  a  board  of  supervisors  and  a 
board  of  aldermen.  The  board  of  supervisors  shall 
consist  of  seven  (7)  members,  including  a  president, 
to  be  elected  as  herein  provided,  and  all  members  of 
the  board  of  supervisors  shall  be  elected  by  the  city 
and  county  at  large;  Provided,  however,  that  there 
shall  be  one  supervisor  from  each  supervisor  dis- 
trict; and  no  person  not  a  resident  of  the  supervisor 
district  from  which  he  is  elected  shall  be  eligible  for 
membership  in  the  board  of  supervisors. 

Section  5.  Members  of  the  board  of  supervisors 
shall  be  elected  for  the  term  of  four  (4)  years,  except 
as  herein  provided. 

Section  6.  The  supervisors  at  their  first  session 
shall  be  divided  into  two  classes;  those  elected  in  dis- 
tricts designated  by  even  numbers  shall  constitute  one 
class;  those  elected  in  districts  designated  by  odd 
numbers  shall  constitute  the  other  class.  The  super- 
visors of  one  class  shall  hold  for  two  (2)  years;  those 
of  the  other  class  shall  hold  for  four  (4)  years,  to 
be  decided  by  lot  between  the  two  classes ;  so  that  one- 
half  of  the  supervisors,  as  near  as  practicable,  may  be 
biennially  chosen  forever  thereafter.  The  board  shall, 
by  ballot,  elect  one  of  its  number  as  president,  who 
shall  hold  such  position  for  the  term  of  one  (1)  year, 
and  until  his  successor  is  elected  in  the  same  manner. 


Section  7.  The  board  of  aldermen  shall  consist 
of  not  less  than  sixteen  (16)  nor  more  than  twenty- 
one  (21)  members,  to  be  elected  by  wards,  one  from 
each  ward  of  the  city  and  county,  and  for  the 
term  of  two  (2)  years,  and  they  shall  by  ballot  elect 
one  of  their  number  as  president  of  the  board, 
who  shall  hold  such  position  for  the  term  of  one  (1) 
year,  and  until  his  successor  is  elected  in  the  same 
manner. 

Section  8.  All  members  of  the  council  shall 
be  exempt  from  serving  on  juries  in  the  courts 
of  this  state  during  their  term  of  office.  No  per- 
son not  a  citizen  of  the  United  States,  a  resi- 
dent of  the  territory  comprising  the  city  and 
county  for  at  least  two  (2)  years,  and  at  least  one 
(1)  year  a  tax  payer  within  said  limits  of  the  city  and 
county,  and  at  least  twenty-five  (25)  years  of  age, 
shall  be  eligible  for  membership  in  the  council;  and 
no  person  not  a  resident  of  the  ward  from  which  he 
is  elected,  shall  be  eligible  for  membership  in  the 
board  of  aldermen. 

No  member  shall  hold  any  other  office  or  employ- 
ment, compensation  for  which  is  paid  out  of  public 
moneys  of  the  city  and  county,  or  be  elected  or  a,p- 
pointed  to  any  office  created  or  the  compensation  of 
which  was  increased,  by  the  council  while  he  was  a 
member  thereof,  until  one  (1)  year  after  the  expira- 
tion of  the  term  for  which  he  was  elected,  or  be  in- 
terested directly  or  indirectly  in  any  contract  with 
the  city  and  county.  No  person  who  is  directly  or 
indirectly  interested  in  any  contract  with  the  city  and 
county,  or  any  department  or  institution  thereof,  or 
who  is  indebted  to  the  state  or  to  the  city  and  county 
for  taxes,  or  who  shall  have  been  convicted  of  mal- 
feasance in  office,  bribery  or  other  corrupt  practices, 
shall  be  qualified  for  membership  in  the  council. 

Section  9.  Each  board  of  the  council  shall  hold 
regular  meetings  twice  in  each  month,  at  the  city  hall, 
but  the  regular  meetings  of  the  two  boards  shall  not 


10 

be  held  in  the  same  week;  and  until  otherwise  pro- 
vided by  ordinance  the  regular  meetings  of  the  board 
of  aldermen  shall  be  held  on  the  first  and  third 
Thursdays,  and  of  the  board  of  supervisors  on  the  sec- 
ond and  fourth  Thursdays.  The  council  shall  sit  with 
open  doors,  and  keep  a  journal  of  its  proceedings. 
The  clerk  of  the  city  and  county  shall  be  the  clerk  of 
the  council. 

Section  10.  The  president  of  each  board  shall 
preside  at  all  meetings  of  his  board,  and  shall  have  a 
vote  upon  ail  measures  pending  therein.  He  shall  ap- 
point all  committees  and  exercise  such  other  powers 
as  are  usually  vested  in  a  presiding  ojBflcer.  Each 
board  may  in  the  temporary  absence  of  its  president, 
or  his  inability  to  perform  the  duties  pertaining  to  his 
office,  elect  a  president  pro  tem,  who  shall  be  tempo- 
rarily clothed  with  the  powers  and  duties  of  the  pres- 
ident, but  shall  not  be  entitled  to  receive  any  addi- 
tional salary.  The  proceedings  of  each  board  in  elect- 
ing such  president  pro  tem  shall  be  evidenced  by  a 
suitable  record  thereof. 

Each  board  shall  be  the  sole  judge  of  the  quali- 
fications, election  and  returns  of  its  own  members. 
It  shall  have  power  to  determine  the  rules  of  its  ow^n 
proceedings,  punish  its  members  for  disorderly  con- 
duct, and  with  the  concurrence  of  tw^o-thirds  of  all 
the  members  elect,  expel  a  member.  A  majority  of 
the  members  elect  of  each  board  shall  constitute  a 
quorum ;  a  smaller  number  may  adjourn  from  time  to 
time,  and  may  compel  the  attendance  of  absent  mem- 
bers in  such  manner  and  under  such  penalties  as 
each  board  shall  provide. 

Section  11.  A  journal  of  the  proceedings  of  each 
board  shall  be  kept  by  the  clerk  or  a  deputy  clerk  of 
the  city  and  county,  upon  which  shall  be  entered  each 
vote  taken  by  ayes  and  noes;  and  no  action  of  either 
board,  except  an  adjournment,  shall  have  any  force 
unless  a  majority  of  all  of  the  members  elected  shall 
have  voted  in  favor  thereof. 


11 

Section  12.  If  any  member  of  either  board  shall 
be  absent  from  any  regular  meeting  thereof  without 
being  excused,  he  shall  forfeit  to  the  city  and  county 
ten  dollars  (|10.00)  of  his  compensation  for  any  such 
absence ;  and  the  journal  record  of  the  roll  call  shall 
be  conclusive  on  the  question  of  his  presence  or  ab- 
sence. The  clerk  keeping  the  journal  shall  immedi- 
ately after  each  meeting  notify  the  auditor  of  the 
name  of  any  absentee,  who  shall  deduct  all  such  for- 
feitures from  the  absentee's  monthly  salary  next  to 
be  paid. 

Section  13.  The  council  shall  act  only  by  ordi- 
nance in  matters  of  legislation,  contract,  appropria- 
tion or  expenditures  of  money  and  by  ordinance  or 
resolution  in  other  matters.  All  ordinances  or  reso- 
lutions, except  ordinances  making  appropriations, 
shall  be  confined  to  one  subject,  which  shall  be  clearly 
expressed  in  the  title.  If  any  subject  shall  be  em- 
braced in  any  ordinance  which  shall  not  be  expressed 
in  the  title,  such  ordinance  shall  be  void  only  as  to  so 
much  thereof  as  shall  not  be  so  expressed.  Ordinances 
making  appropriations  shall  be  confined  to  the  sub- 
ject of  appropriations.  No  ordinance  shall  be  passed 
except  by  bill,  and  each  bill  when  introduced  shall  be 
read  at  length  and  referred  to  a  committee  and  shall 
not  be  subsequently  so  altered  or  amended  as  to 
change  its  original  purpose.  Bills  may  originate  in 
either  board  and  may  be  amended  or  rejected  by  either 
board.  They  shall  be  reported  back  to  the  board  by 
the  committee  within  five  (5)  days  after  such  refer- 
ence, or  at  the  next  regular  meeting  of  the  board  after 
the  expiration  of  said  five  (5)  days  unless  a  later 
day  is  designated  when  such  reference  is  made.  The 
ayes  and  noes  shall  be  taken  upon  the  passage  of  all 
ordinances  and  resolutions  and  entered  upon  the 
journal. 

No  ordinance  shall  take  effect  until  published  in 
some  newspaper  of  general  circulation  published  in 
the  city  and  county,  or  in  book  or  pamphlet  form,  by 


12 

authority  of  the  council.  No  bill  or  resolution  author- 
izing the  expenditure  of  more  than  five  thousand  dol- 
Ijars  ($5,000.00),  except  in  case  of  local  improvements 
to  be  paid  for,  in  whole  or  in  part  by  special  assess- 
ments, shall  be  passed  until  after  the  expiration  of 
one  week  from  and  after  the  introduction  of  the  same, 
nor  until  advertisement  has  been  made  by  the  clerk- 
for  at  least  five  (5)  days  in  some  such  newspaper, 
stating  the  general  nature  of  the  contract  or  expendi- 
ture as  the  case  may  be,  and  in  case  of  the  adoption 
of  any  amendment  altering  the  contract  or  expendi- 
ture the  proposed  time  shall  be  advertised  in  like 
manner  before  final  action  thereon.  No  bill  for  the 
publication  of  ordinances  in  newspapers  shall  be  paid 
until  the  publication  thereof  shall  be  evidenced  by 
affidavit  of  the  publisher  of  same  or  some  one  author- 
ized to  act  in  his  behalf,  such  affidavit  to  be  accom- 
panied by  the  ordinance  as  published. 

No  ordinance  shall  be  revived  or  amended  or  the 
provisions  thereof  extended  or  conferred,  by  reference 
to  the  title  only;  so  much  thereof  as  is  revived, 
amended,  extended  or  conferred,  shall  be  re-enacted 
at  length. 

Section  14.  The  style  of  all  ordinances  shall  be : 
•"Be  it  enacted  by  the  council  of  the  city  and  county 
of  Denver." 

Section  15.  Every  ordinance  or  resolution 
passed  by  the  council  shall  be  presented  to  the  mayor 
within  twenty-four  (24)  hours  thereafter.  If  he  ap- 
prove such  ordinance  or  resolution  he  shall  sign  it 
within  five  (5)  days  after  receiving  it;  if  he  shall 
disapprove  it,  he  shall  within  five  (5)  days  after 
receiving  it  return  the  same  with  his  objections  in 
writing  to  the  board  in  which  it  originated,  which 
board  shall  enter  the  objections  at  large  upon  its 
journal  and  proceed  to  reconsider  the  same.  If  then 
two-thirds  of  the  members  agree  to  pass  the  same,  it 
shall  be  sent,  together  with  the  objections,  to  the 
other  board,  by  which  it  shall  be  likewise  reconsid- 


13 

ered,  and  if  approved  by  two-thirds  of  tlie  members 
elected  to  that  board  it  shall  become  an  ordinance  or 
resolution,  notwithstanding  the  objections  of  the 
mayor.  In  all  such  cases  a  vote  of  each  board  shall 
be  determined  by  ayes  and  noes  to  be  entered  upon 
the  journal.  If  the  mayor  do  not  return  the  resolu- 
tion or  ordinance  with  such  disapproval  within  the 
time  specified,  it  shall  take  effect  as  if  he  had  approved 
it.  In  an  ordinance  appropriating  money,  the  mayor 
may  approve  or  disapprove  any  item ;  as  to  the  items 
approved  the  ordinance  shall  take  effect  as  in  case  of 
other  ordinances  approved.  As  to  the  items  disap- 
proved, the  same  shall  be  reconsidered  by  the  council 
as  in  other  cases  of  disapproval. 

Section  16.  Whenever  an  executive  or  adminis- 
trative function  shall  be  required  to  be  performed  by 
ordinance,  the  same  shall  be  performed  by  the  proper 
executive  department,  and  not  by  the  council.  Such 
ordinance  shall  designate  the  department  which  is 
to  perform  the  duties  thereunder.  If  such  designation 
be  not  made  the  mayor  shall  assign  such  duties  to 
the  proper  department.  The  council  shall  not,  except 
as  herein  provided,  appoint  any  person  to  any  office 
or  employment,  or  create  any  new  department. 

Section  17.  Except  as  otherwise  provided  in 
this  charter,  the  council  shall  have  power  to  appropri- 
ate all  money  necessary  for  the  expenses  of  the  city 
and  county  and  to  transfer  the  unexpended  balance 
of  such  appropriation  not  needed  for  the  purpose  for 
which  it  was  made. 

The  council  shall  have  power  to  enact  and  pro- 
vide for  the  enforcement  of  all  ordinances  necessary 
to  protect  life,  health  and  property,  to  declare,  pre- 
vent and  summarily  abate  and  remove  nuisances;  to 
preserve  and  enforce  the  good  government,  general 
welfare,  order  and  security  of  the  city  and  county 
and  the  inhabitants  thereof;  to  enforce  ordinances 
and  regulations  by  ordaining  fines  not  exceeding  three 
hundred    dollars    or    imprisonment     not     exceeding 


14 

ninety  (90)  days,  or  both  fine  and  imprisonment 
for  each  and  every  offense;  the  council,  or  a  commit- 
tee thereof  duly  authorized  by  it,  shall  have  power  to 
investigate  any  department  of  the  city  and  county 
and  the  official  acts  and  conduct  of  any  officer  thereof, 
and  may  compel  the  attendance  and  testimony  of  wit- 
nesses and  the  production  of  books  and  documents. 
No  enumeration  of  particular  powers  granted  to  the 
council  shall  be  construed  to  impair  any  general  grant 
of  power  herein  contained,  nor  to  limit  any  such  grant 
to  powers  of  the  same  class  or  classes  as  those  so 
enumerated. 

Section  18.  If  a  hill  shall  be  amended  and  passed 
by  either  board  other  than  the  board  in  which  the 
same  originated,  it  shall  be  returned  with  the  amend- 
ments to  the  board  in  which  the  same  originated ;  and 
the  vote  shall  be  taken  upon  the  bill  as  amended,  but 
no  further  amendments  shall  be  made  to  such  bill 
after  such  return.  All  amendments  adopted  by  either 
board  to  any  bill  or  resolution  shall  be  incorporated 
with  the  original  bill  or  resolution  by  engrossment, 
and  re-read  in  full  before  final  passage;  and  no  bill 
shall  become  an  ordinance,  nor  shall  any  resolution 
take  effect,  unless  signed  by  the  president  or  by  the 
president  pro  tem,  of  each  board. 

Section  19.  The  mayor  may  call  special  meet- 
ings of  either  board  of  the  council,  and  upon  written 
application  of  a  majority  of  the  members  of  either 
board,  shall  call  special  meetings  of  such  board,  by 
causing  twenty-four  (24)  hours'  notice  in  writing 
to  be  served  upon  the  members  thereof;  and  a  copy 
of  the  notice  thus  served  shall  be  entered  upon  the 
journal.  The  notice  shall  state  the  objects  for  which 
the  meeting  is  called ;  and  the  business  of  such  meet- 
ings shall  be  confined  to  the  objects  so  stated.  Ser- 
vice of  such  notice  may  be  made  by  delivering  a  copy 
personally  to  each  member,  or  by  leaving  a  copy 
thereof  at  his  usual  place  of  residence  with  a  mem- 
ber of  his  family  over  the  age  of  fifteen  (15)  years. 


15 

Service  may  be  made  by  any  police  officer  of  the  city 
and  county  and  his  return  thereon  shall  be  prima 
facie  evidence  of  service,  as  therein  set  forth;  but 
such  special  meetings  of  the  two  boards  shall  not  be 
held  on  the  same  day. 

INITLiTIVE  AND  REFERENDUM. 

Section  20.  Any  measure,  charter  amendment, 
or  proposal  for  a  charter  convention,  may  be  submit- 
ted to  a  vote  of  the  qualified  electors  in  the  manner 
provided  by  the  constitution.  Nothing  in  this  section 
shall  apply  to  the  provisions  contained  in  this  charter 
regarding  the  initiative  and  referendum  concerning 
ordinances. 

Section  21.  Any  measure  passed  by  the  council 
may  be  referred  to  a  vote  of  qualified  electors  when- 
ever a  petition  signed  by  qualified  electors  in  number 
not  less  than  twenty-five  (25)  per  cent,  of  the  next  pre- 
ceding vote  for  mayor  requesting  the  same  shall  be  filed 
with  the  clerk  with  a  request  for  an  election  thereon. 
Upon  the  filing  of  such  petition  the  council  shall  sub- 
mit such  measure  to  vote  at  the  next  general  election, 
provided  the  same  shall  occur  not  less  than  thirty  (30) 
nor  more  than  ninety  (90)  days  after  filing  said  pe- 
tition. Otherwise  the  same  shall  be  submitted  at  a 
special  election  in  the  manner  provided  for  special 
elections  by  section  5,  article  XX,  of  the  state  consti- 
tution. 

Said  petition  shall  be  filed  with  the  clerk  not 
later  than  sixty  (60)  days  after  the  passage  of  such 
measure.  If  a  majority  of  the  votes  at  such  election 
shall  be  cast  against  such  measure,  the  same  shall  be 
thereby  repealed. 

Section  22.  Any  proposed  ordinance  may  be  sub- 
mitted to  the  council  by  a  petition  therefor  of  the 
qualified  electors  in  number  not  less  than  twenty-five 
(25)  per  cent,  of  the  vote  at  the  next  preceding  elec- 
tion for  mayor,  and  the  council  shall  forthwith  pass 


16 

such  ordinance  without  alteration  or  refer  the  same  to 
the  qualified  electors  at  the  next  general  election  not 
held  within  thirty  (30)  days  after  such  petition  is 
filed.  If  a  majority  of  the  votes  cast  shall  be  in  favor 
of  such  proposal,  the  same  shall  become  an  ordinance 
upon  the  official  determination  of  the  result  thereof. 
Section  23.  Within  ten  days  after  the  filing  of  a 
petition  or  petitions  under  the  two  preceding  sec- 
tions or  either  of  them,  the  election  commission  shall 
ascertain  from  the  registration  lists  whether  such  pe- 
tition is  signed  by  the  requisite  number  of  qualified 
electors,  and  the  signatures  are  genuine ;  and  the  com- 
mission shall  immediately  certify  the  result  of  its  ex- 
amination to  the  mayor.  If  it  contains  an  insufficient 
number  of  signatures,  it  may  be  amended,  by  adding 
thereto,  a  sufficient  number  of  genuine  signatures  of 
qualified  voters  to  complete  the  required  percentage. 
Within  ten  days  after  such  amendment,  the  commis- 
sion shall  examine  the  amended  petition  and  certify 
the  result,  and  if  the  certificate  shows  the  amended  i)e- 
tition  to  contain  an  insufficient  number  of  signatures 
it  shall  remain  on  file  in  the  clerk's  office.  When  the 
petition  contains  a  sufficient  number  of  signatures  the 
commission  shall  submit  the  same  to  the  mayor,  who 
shall  at  once  transmit  the  same  to  the  council,  which 
shall  call  an  election  as  herein  provided. 

ARTICLE  III. 

EXECUTIVE   DEPAR^IENT.  , 

Section  24.  The  executive  power  of  the  city  and 
county  shall  be  vested  in  a  mayor,  sheriff,  treasurer, 
auditor,  attorney,  clerk,  assessor,  recorder,  coroner, 
county  superintendent  of  schools,  and  in  the  depart- 
ments and  commissions  herein  created. 

MAYOR. 

Section  25.  The  mayor  shall  be  the  chief  execu- 
tive and  enforce  all  laws  and  ordinances.     He  shall 


17. 

from  time  to  time  give  the  council  information  of  the 
condition  of  the  city  and  county  and  recommend  such 
measures  as  he  may  deem  expedient.  He  may  remit 
fines  and  penalties  imposed  for  the  violation  of  any 
ordinance,  and  shall  report  such  remissions  to  the 
council  at  its  next  meeting,  with  his  reasons. 

Section  26.  The  mayor  shall  see  that  all  con- 
tracts and  agreements  with  the  city  and  county  are 
faithfully  kept  and  fully  performed.  The  head  of 
every  department  and  commission  shall  report  to  the 
mayor  all  facts  and  information  coming  to  his  knowl- 
edge concerning  the  violation  of  any  contract  or 
agreement  with  the  city  and  county. 

Section  27.  The  mayor  may  call  upon  every 
male  inhabitant  over  the  age  of  eighteen  years  to  aid 
in  enforcing  the  laws  and  ordinances,  in  preventing 
and  extinguishing  fires  and  in  preserving  the  public 
peace  and  safety.  Any  person  who  shall  refuse  or 
wilfully  neglect  to  obey  such  call  shall  be  subject  to 
a  fine  of  not  more  than  three  hundred  dollars. 

Section  28.  When  the  mayor  is  unable  for  any 
cause  to  perform  the  duties  of  his  office,  the  presi- 
dent of  the  board  of  supervisors  shall  be  the  acting 
mayor;  and  when  both  the  mayor  and  the  president 
of  the  board  of  supervisors  are  for  any  cause  unable 
to  perform  the  duties  of  said  office,  the  president  of 
the  board  of  aldermen  shall  be  the  acting  mayor;  and 
in  case  of  death,  resignation  or  removal  of  the  mayor, 
the  president  of  the  board  of  supervisors  shall  be- 
come mayor,  and  the  board  of  supervisors  by  ballot 
shall  elect  one  of  its  remaining  number  as  president, 
who  shall  hold  such  position  for  the  unexpired  term 
and  until  his  successor  is  elected. 

No  ordinance  or  resolution  shall  be  approved  or 
vetoed  by  the  acting  mayor  until  the  last  day  when 
the  same  could  be  approved  or  vetoed  by  the  mayor, 
nor  shall  any  appointment  to  office  be  made  by  such 
acting  mayor. 


.18 

Section  29.  All  bonds,  contracts  or  other  instru- 
ments of  writing,  requiring  the  assent  of  the  city  and 
county,  shall  be  subscribed  by  the  mayor,  or  acting 
mayor,  as  the  case  may  be,  under  the  seal  of  the  city 
and  county,  and  attested  by  the  clerk.  All  legal  pro- 
cess against  the  city  and  county  shall  be  served  upon 
the  mayor  or  acting  mayor. 

Section  30.  The  city  and  county  offices  shall  be 
in  the  public  buildings  of  the  city  and  county,  and 
shall  be  open  from  9  a.  m.  until  5  p.  m.,  Sundays  and 
legal  holidays  excepted. 

Section  31.  Whenever  a  vacancy  shall  occur  in 
any  appointive  office,  the  same  may  be  filled  by  the 
mayor,  appointing  board,  commissioners  or  officers, 
as  in  the  case  of  an  original  appointment,  with  the 
same  power  of  suspension  or  removal;  whenever  a 
vacancy  shall  occur  in  either  board  of  the  council, 
the  same  shall  be  filled  by  the  mayor,  by  and  with 
the  consent  of  the  same  board.  Whenever  a  vacancy 
shall  occur  in  any  elective  office,  other  than  that  of 
a  member  of  the  council,  the  same  may  be  filled  for 
the  remainder  of  the  term  by  the  mayor,  by  and  with 
the  consent  of  the  board  of  supervisors. 

Section  32.  Heads  of  the  departments  shall 
make  rules  and  regulations,  not  inconsistent  with 
the  charter  and  ordinances  of  the  city  and  county, 
for  the  government  of  their  departments,  and  enforce 
the  same,  and  from  time  to  time  shall  meet  with  the 
mayor  and  confer  on  matters  of  general  importance 
to  the  business  of  the  city  and  county. 

There  shall  be  a  bureau  of  street  sprinkling  which 
shall  be  under  the  control  of  the  mayor.  The  mayor 
shall  appoint  a  superintendent  of  the  bureau,  who, 
within  the  appropriation  for  street  sprinkling,  may 
employ  such  employes  as  may  be  necessary  to  transact 
the  business  of  thie  bureau.  The  term  of  office  of  the 
superintendent  shall  be  four  (4)  years. 


19 


ATTORNEY. 


Section  33.  The  department  of  law  shall  be  in 
control  of  the  attorney  for  the  city  and  county.  He 
shall  be  the  legal  adviser  of  the  mayor,  council  and 
heads  of  departments,  and  conduct  all  cases  in  court 
wherein  the  city  and  county,  or  any  officer  thereof 
in  his  official  capacity,  is  a  party  or  interested  in  any 
manner.  He  shall  prepare  all  contracts,  bonds  and 
other  instraments  to  which  the  city  and  county  or 
any  officer,  board  or  commission  thereof  is  officially 
a  party.  He  shall  also  perform  such  additional  du- 
ties as  are  imposed  on  county  attorneys  by  the  gen- 
eral statutes  of  the  state. 

All  bills  for  ordinances  for  franchises  of  any 
kind,  for  licenses  and  concerning  taxation,  shall  be 
referred  to  him  for  his  opinion,  and  within  five  days 
he  shall  return  the  same  to  the  council  with  a  writ- 
ten opinion  thereon.  When  directed  by  the  mayor  in 
writing,  or  by  the  council,  he  shall  institute  any 
suit,  action  or  proceeding,  upon  behalf  of  the  city 
and  county  or  any  board,  commission  or  officer 
thereof. 

Section  34.  The  attorney  shall  keep  office  dock- 
ets of  cases,  properly  indexed  and  numbered,  and 
record  therein  all  proceedings  in  such  cases,  keep  files 
of  all  cases,  except  those  for  violation  of  ordinances 
in  the  justice  courts,  containing  copies  of  papers  filed 
therein,  preserve,  index  and  bind  records  and  printed 
briefs  in  the  appellate  courts  in  cases  in  which  the 
city  and  county  is  a  party  in  interest,  all  briefs  pre- 
pared by  him,  all  written  opinions  and  official  cor- 
respondence, and  secure,  index,  bind  and  preserve 
copies  of  all  written  opinions  rendered  in  the  city 
and  county  cases  in  nisi  prius  courts.  All  such  dock- 
ets, files  and  papers  shall  be  the  property  of  the  city 
and  county,  and  shall  be  delivered  by  the  attorney  to 
his  successor  in  office. 


20 

Section  35.  On  or  before  the  first  day  of  Febru- 
ary of  each  year  the  attorney  shall  make  a  report  cov- 
ering the  last  fiscal  year,  showing  all  suits  commenced 
and  pending  in  courts  of  record,  the  docket  number 
and  title,  the  demand  or  relief  sought,  and,  if  final 
judgment  has  been  rendered,  the  amount  or  nature 
thereof,  whether  an  appeal  has  been  taken,  and  where 
the  city  and  county  has  sought  affirmative  relief  and 
the  determination  thereof  has  been  delayed,  the  rea- 
sons therefor,  the  amount  of  judgments  for  and 
against  the  city  and  county,  the  amount  of  fines  im- 
posed, and  such  other  information  as  may  be  required 
by  the  mayor  or  council. 

Section  36.  The  attorney  may  employ  a  first, 
second  and  third  assistant  and  a  stenographer.  The 
council  may,  by  ordinance,  authorize  the  attorney  to 
employ  a  police  officer  as  an  assistant,  under  his  di- 
rection, to  investigate  the  facts  in  actions  brought 
for  or  against  the  city  and  county  or  its  officers. 

Whenever  emergency  of  litigation  for  or  against 
the  city  and  county  shall,  in  his  opinion,  require  it, 
the  attorney,  with  the  advice  and  consent  of  the 
mayor,  shall  employ  special  counsel  to  assist  the  at- 
torney. The  compensation  of  such  counsel  shall  be 
paid  out  of  the  appropriation  for  the  department  of 
law. 

CLERK. 

Section  37.  The  clerk,  or  a  deputy,  shall  attend 
all  meetings  of  the  council,  and  keep  a  record  of  the 
proceedings ;  shall  have  the  custody  of  the  seal  of  the 
city  and  county,  the  original  rolls  of  ordinances,  orig- 
inal contracts,  title  deeds  to  public  property,  all  offi- 
cial indemnity  or  security  bonds,  except  his  own  bond, 
which  shall  be  filed  and  placed  in  the  custody  of  the 
auditor,  and  other  records,  papers  and  documents  not 
required  to  be  deposited  with  any  other  officer. 

He  shall  attest  all  public  instruments  and  official 
acts  of  the  mayor,  or  acting  mayor,  and  all  instru- 


21 

ments  requiring  the  seal  of  the  city  and  county,  by 
his  signature  and  the  seal  of  the  city  and  county;  and 
shall  also  certify  under  his  hand  and  the  seal  of  the 
city  and  county  all  copies  of  such  original  documents, 
records  and  papers  in  his  ofiQce  as  may  be  required 
by  any  officer  or  person,  and  shall  charge  therefor  such 
fees,  for  the  use  of  the  city  and  county,  as  may  be  pro- 
vided by  general  law  or  by  ordinance. 

The  clerk  shall  perform  such  other  duties,  not 
inconsistent  with  the  duties  imposed  by  the  charter, 
as  the  council  may  by  ordinance  direct. 

He  shall  appoint  a  deputy,  who  shall  have  power 
to  perform  the  duties  of  the  clerk,  and  may  also  em- 
ploy such  other  assistants  within  his  appropriation 
as  are  now  or  hereafter  may  be  authorized  by  or- 
dinance. 

On  or  before  the  fifth  day  of  each  month  the 
clerk  shall  make  a  full  and  complete  report  of  the 
business  and  receipts  of  his  office  during  the  preced- 
ing month,  which  shall  be  executed  in  triplicate,  one 
copy  thereof  delivered  to  the  treasurer,  one  to  the 
auditor  and  one  to  the  mayor. 

Section  38.  Copies  of  all  papers  filed  in  the  office 
of  the  clerk,  and  transcripts  of  the  records  of  the 
council,  and  any  record  in  the  office  of  the  clerk,  duly 
certified  by  him,  under  the  corporate  seal  of  the  city 
and  county,  shall  be  received  as  evidence  in  all  courts 
of  this  state. 

SEAL. 

Section  39.  The  council  shall  provide  by  ordi- 
nance for  an  appropriate  seal  for  the  city  and  county. 

RECORDER. 

Section  40.  The  recorder  is  hereby  designated 
as  the  officer  who  shall  perform  the  acts  and  duties 
now  required  or  that  may  be  hereafter  required,  to 
be  performed  under  and  by  the  constitution  and  gen- 
eral laws  of  the  state  by  the  ex-officio  recorder  of 


22 

deeds,  together  with  such  other  acts  and  duties  as 
may  be  provided  by  the  charter  and  ordinances.  He 
shall  have  custody  of  and  safely  keep  and  preserve  all 
the  books,  records,  deeds,  maps  and  papers  deposited 
or  kept  in  his  office  and  transmit  the  same  to  his  suc- 
cessor. 

Section  41.  On  or  before  the  fifth  day  of  each 
month  the  recorder  shall  make  a  full  and  complete 
report  of  the  business  and  receipts  of  his  office  during 
the  preceding  month,  which  shall  be  executed  in  trip- 
licate, and  one  copy  thereof  delivered  to  the  treas- 
urer, one  to  the  auditor  and  one  to  the  clerk. 

SHERIFF. 

Section  42.  The  sheriff  is  hereby  designated  as 
the  officer  who  shall  perform  the  acts  and  duties,  and 
appoint  an  under-sheriff  and  deputies,  as  now  required 
or  that  may  hereafter  be  required  of  sheriffs  under 
and  by  the  constitution  and  the  general  laws  of  the 
state,  and  he  shall  be  subject  to  all  liabilities  provided 
thereby.  He  shall  perform  such  other  acts  and  du- 
ties as  may  be  provided  by  the  charter  and  ordinances. 

Section  43.  On  or  before  the  fifth  day  of  each 
month  the  sheriff  shall  make  a  full  and  complete  re- 
port of  the  business  and  receipts  of  his  office  during 
the  preceding  month,  which  shall  be  executed  in  trip- 
licate, and  one  copy  thereof  delivered  to  the  treasurer, 
one  to  the  auditor  and  one  to  the  clerk. 

CORONER. 

Section  44.  The  coroner  shall  perform  the 
duties  of  the  office  of  coroner  as  prescribed  by  the 
general  laws  of  the  state,  and  such  other  duties  not 
inconsistent  with  such  laws  as  the  council  may,  by 
ordinance,  require, 

COUNTY  SUPERINTENDENT  OF  SCHOOLS. 

Section  45.  There  shall  be  a  county  superin- 
tendent of  schools,  who  shall  perform  such  duties  as 


23 

are  prescribed  by  the  general  laws  of  the  state  to  be 
performed  by  county  superintendents  of  schools,  and 
who  shall  perform  such  other  duties,  not  inconsistent 
with  the  general  laws  of  the  state,  as  may  be  pre- 
scribed by  ordinance. 

ASSESSOR. 

Section  46.  The  assessor  shall  assess  all  taxable 
property  within  the  city  and  county  at  the  time  and 
in  the  manner  prescribed  by  the  general  laws  of  the 
state  and  provisions  of  this  charter,  and  shall  per- 
form such  other  duties  not  inconsistent  with  such 
laws  and  the  provisions  of  this  charter  as  the  council 
may  by  ordinance  require. 

AUDITOR. 

Section  47.  The  auditor  shall  be  the  general  ac- 
countant of  the  city  and  county.  He  shall  receive 
and  preserve  in  his  office  all  accounts,  books,  vouchers, 
documents  and  papers  relating  to  the  accounts  and 
contracts  of  the  city  and  county,  its  debts,  revenues 
and  other  fiscal  affairs  not  required  to  be  kept  by  the 
clerk,  and  except  as  otherwise  provided  in  this  char- 
ter, or  by  ordinance,  prescribe  the  mode  of  keeping, 
dating  and  rendering  all  accounts.  He  shall  provide 
and  keep  in  his  office  tables  of  the  finances,  assets  and 
liabilities  of  the  city  and  county,  and  keep  all  con- 
tracts, names  of  contractors,  and  names  of  employes 
in  such  manner  as  to  show  the  department  in  which 
they  are  employed,  their  respective  salaries,  powers, 
duties  and  how  appointed.  He  shall  require  all 
claims,  settlements,  returns,  and  reports  made  to  him 
to  be  verified.  He  shall  give  information  as  to  the  ex- 
act condition  of  the  treasury,  and  of  every  appropri- 
ation and  fund  thereof,  upon  demand  of  the  mayor, 
council  or  any  committee  thereof. 

He  shall  sign  all  warrants,  countersign  and  reg- 
ister all  contracts,  keep  a  true  and  accurate  account 
of  the  revenues,  receipts  and  expenditures  of  the  city 


24 

and  county,  and  each  of  the  different  funds  thereof, 
furnishing  to  each  department  weekly  a  statement  of 
the  unexpended  appropriation  of  that  department; 
see  that  rules  and  regulations  are  prescribed  and  ob- 
served in  relation  to  accounts,  settlements  and  re- 
ports; that  no  appropriation  of  funds  is  overdrawn 
or  misapplied,  and  that  no  liability  is  incurred, 
money  disbursed  or  the  property  of  the  city  and 
county  disposed  of  contrary  to  law  or  ordinance,  and 
shall  perform  such  other  duties  not  inconsistent  with 
the  provisions  of  this  charter,  as  the  council  may 
by  ordinance  require. 

He  shall  keep  an  official  record  of  all  demands 
audited  by  him  showing  the  number,  date,  amount, 
name  of  the  original  holder,  on  what  account  allowed, 
against  what  appropriation  drawn,  out  of  what  fund 
payable,  and  by  what  officer  or  department  previously 
approved;  and  he  shall  allow  no  demand  unless  the 
same  has  been  approved  by  every  department,  com- 
mission or  officer  required  to  act  thereon. 

He  shall  keep  a  register  of  warrants  showing  the 
funds  upon  which  they  are  drawn,  the  number,  in 
whose  favor,  for  what  services,  and  the  appropriation 
applicable  to  the  payment  thereof. 

Section  48.  Every  demand  upon  the  treasurer, 
except  the  salaries  of  the  auditor  and  his  employes, 
shall  before  payment,  be  presented  to  the  auditor,  who 
shall  determine  that  the  money  is  legally  due,  its  pay- 
ment authorized  by  law,  against  what  appropriation 
and  out  of  what  fund  it  is  payable.  If  he  allow  it,  he 
shall  endorse  upon  it  the  word  "allowed,"  with  the 
name  of  the  fund  out  of  which  it  is  payable,  the  date 
of  allowance,  and  sign  his  name  thereto;  if  he  does 
not  allow  it,  he  shall  endorse  upon  it  the  word  "re- 
jected." No  demand  shall  be  approved  or  paid  un- 
less presented  as  required  by  this  charter. 

Section  49.  When  bonds,  coupons  or  warrants 
are  paid  and  redeemed,  and  such  payment  reported 


25 

to  the  council,  the  auditor  shall  certify  the  same  with 
the  numbers  and  amounts  thereof  to  the  mayor, 
whereupon  the  mayor,  clerk  and  auditor  shall  exam- 
ine such  evidences  of  indebtedness,  and  if  found  to 
be  genuine  and  correct  shall  make  an  abstract 
thereof,  mark  them,  "canceled,"  and  deposit  them 
with  the  clerk,  certifying  the  same  to  the  council, 
which  certification  shall  be  spread  at  length  upon  the 
journal. 

Section  50.  The  auditor  shall  make  a  verified 
statement  to  the  council  showing  receipts  and  dis- 
bursements and  the  condition  of  each  fund  at  the 
close  of  business  on  June  thirtieth,  and  shall  also  make 
and  transmit  to  the  council  on  or  before  January 
fifteenth  a  verified  report  of  the  financial  transactions 
of  the  city  and  county  during  the  preceding  fiscal 
year. 

TREASURER. 

Section  51.  The  treasurer  shall  receive,  receipt 
for  and  keep  the  money  of  the  city  and  county  and 
pay  out  the  same  only  on  warrants  as  herein  provided. 

Section  52.  The  treasurer,  on  receiving  any 
money,  except  for  taxes  and  assessments',  shall  make 
duplicate  receipts  therefor,  upon  the  face  of  one  of 
which  shall  appear  the  word  "original,"  and  upon  the 
face  of  the  other  the  word  "duplicate;"  they  shall  be 
numbered,  dated,  specify  the  amount,  on  what  ac- 
count, from  whom  received  and  into  what  fund  or  on 
what  account  paid.  He  shall  enter  upon  the  stub  of 
such  receipt  a  memorandum  of  the  contents  thereof, 
and  deliver  the  receipt  marked  "original"  to  the  paj^or 
and  that  marked  "duplicate"  to  the  auditor,  who  shall 
stamp  thereon  the  date  of  its  delivery  to  him,  charge 
the  treasury  with  the  amount  and  file  the  receipt  in 
his  office. 

Section  53.  He  shall  keep  an  account  w^ith  each 
fund,  special  or  general,  and  when  a  warrant  is 
drawn  on  any  particular  fund  it  shall  be  paid  out  of 
that  fund  only. 


26 

Section  54.  No  money  shall  be  paid  out  by  the 
treasurer  for  any  purpose  except  upon  warrants 
drawn  upon  him  by  the  auditor  unless  otherwise  pro- 
vided by  this  charter.  Each  warrant  shall  be  reg- 
istered by  the  auditor,  countersigned  by  the  head  of 
the  department  or  clerk  of  the  court,  respectively, 
under  whom  the  claim  or  demand  covered  by  such 
warrant  originated.  Each  warrant  shall  show  on  its 
face  the  date  of  its  issue,  the  date  of  the  order  of  the 
council  or  such  officer,  to  whom  and  for  what  pur- 
pose issued,  and  from  what  fund  payable.  Every 
warrant  issued  as  in  this  charter  required,  shall  when 
paid  be  canceled  with  a  punch  cutting  the  word  "can- 
celed" therein  and  the  proper  entry  thereof  made. 
Provided,  the  treasurer  may  pay  the  interest  and 
principal  on  bonded  indebtedness  including  special 
improvement  bonds  as  the  same  become  due  without 
a  warrant  having  previously  issued  therefor. 

Section  55.  At  the  beginning  of  each  calendar 
month,  the  treasurer  shall  report  the  transactions  of 
his  office  during  the  previous  month  to  the  auditor, 
showing  the  amount  of  money  received,  from  what 
source,  and,  on  what  account,  with  a  list  of  all  city 
and  county  warrants,  bonds  and  orders  which  have 
been  redeemed  by  him,  or  paid  into  the  treasury 
as  money  due  the  city  and  county,  which  warrants, 
bonds,  and  orders  shall  accompany  his  reports  for 
cancellation,  which  report  shall  be  audited  by  the 
auditor  and  certified  by  him  to  the  council.  The 
treasurer  shall  also  make  an  annual  report  of  the 
.transactions  of  his  office  on  or  before  the  second  Mon- 
day in  January,  and  from  time  to  time  such  other 
reports  as  may  be  required  by  the  council.  If  the 
treasurer  shall  fail  to  report  as  provided  by  this  sec- 
tion, he  shall  forfeit  and  pay  to  the  city  and  county 
the  sum  of  five  hundred  (|500)  dollars  for  every  such 
failure. 

Section  56.  The  treasurer  shall,  on  or  before  the 
second  Monday  in  January,  April,  July  and  October 
make  to  the  council  and  auditor  a  detailed  verified 


statement  of  all  his  accounts  and  the  state  of  each 
fund,  which  shall  show  all  moneys  received,  from 
what  source  and  for  what  purpose,  and  of  all  moneys 
paid  out,  and  to  whom  and  for  what  purpose.  A 
summary  of  these  quarterly  reports  shall  be  pub- 
lished by  the  auditor  with  the  summary  of  his  annual 
report. 

Section  57.  The  treasurer  shall  give  a  bond  to 
the  city  and  county  with  sufficient  sureties,  which 
sureties  shall  be  responsible  surety  companies,  to  be 
approved  by  the  mayor  and  council,  in  the  sum  of 
Ave  hundred  thousand  dollars,  and  for  such  additional 
sum  as  the  mayor  and  council  shall  require,  condi- 
tioned as  required  by  the  general  statutes  relating  to 
bonds  of  county  treasurers  and  as  may  be  further  re- 
quired by  ordinance,  and  for  paying  over  to  his  suc- 
cessor in  office  all  such  sums  of  money  belonging  to 
the  city  and  county  as  shall  be  in  his  hands,  and  to 
account  for  and  turn  over  to  his  successor  all  moneys 
deposited  with  him  for  any  cause  whatsoever,  and  all 
city  and  county  property  which  may  come  to  his 
hands. 

The  cost  of  said  bond  shall  be  borne  by  the  city 
and  county,  to  be  audited,  allowed  and  paid  out  of  the 
treasury  as  provided  for  the  payment  of  other  general 
expenses. 

Section  58.  The  treasurer  shall,  with  the  ap- 
proval of  the  mayor  and  auditor,  select  annually,  or 
oftener  if  necessary,  one  or  more  banks  or  banking 
institutions  in  the  city  and  county  which  will  pay 
the  highest  interest  for  the  average  current  deposit  of 
the  city  and  county  funds.  Before  any  such  deposit 
shall  be  made  the  bank  shall  give  a  bond  to  the  city 
and  county  with  such  conditions  and  in  such  sum 
as  may  be  determined  by  the  mayor,  auditor  and  at- 
torney, but  not  less  than  the  maximum  amount  which 
shall  be  on  deposit  at  any  time.  The  sureties  shall 
be  approved  by  the  mayor,  auditor  and  attorney,  and 
shall  be  other  than  the  surety  on  the  treasurer's  bond. 


28 

No  amount  which  may  be  due  any  depository  on  ac- 
count of  any  evidence  of  the  city  and  county  indebt- 
edness shall  be  accepted  by  the  treasurer  as  offset 
against  his  deposit  with  such  bank.  A  verified  quar- 
terly statement  shall  be  made  to  the  mayor  and  aud- 
itor by  the  president  or  cashier  of  such  bank,  showing 
the  amount  of  interest  paid  or  to  be  paid  by  such 
bank  for  the  use  of  the  city  and  county  funds,  and 
upon  failure  to  make  such  report  after  written  de- 
mand the  bank  shall  forfeit  to  the  city  and  county  the 
sum  of  five  hundred  dollars,  and  the  deposit  then  re- 
maining in  such  bank  shall  immediately  be  removed 
and  another  bank  or  banks  selected  as  above  pro- 
vided. The  surety  on  such  bond  shall  be  a  responsible 
surety  company. 

Section  59.  The  treasurer  shall,  in  addition  to 
performing  the  duties  herein  specifically  required,  per- 
form such  other  duties  not  inconsistent  with  the  laws 
of  the  state  and  this  charter  as  the  council  may  by 
ordinance  require. 

COMMISSIONER  OF  SUPPLIES. 

Section  60.  There  shall  be  a  commissioner  of  sup- 
plies appointed  by  the  mayor  for  a  term  of  four  (4) 
years.  He  shall  have  control  of  the  department  of 
supplies.  He  shall  be  custodian  of  public  buildings 
and  all  personal  property  not  in  use  by  the  several  de- 
partments. He  shall  keep  books  showing  purchases 
and  deliveries  to  the  various  departments.  He  shall, 
in  December  of  each  year  require  an  inventory  of  the 
property  in  use  by  each  department.  He  shall  be  the 
purchasing  agent  of  the  city  and  county,  and  no  pur- 
chase shall  be  made  nor  liability  created  for  supplies 
by  any  other  person  in  the  name  of  the  city  and 
county.  He  is  hereby  authorized  to  appoint  a  deputy 
commissioner  of  supplies,  who  may  exercise  any  and 
all  of  the  powers  and  duties  of  the  commissioner  of 
supplies,  and  such  other  employees,  within  his  ap- 


29 

propriation  as  may  be  necessary.  Such  appointments 
to  be  approved  by  the  mayor. 

Section  Gl.  Purchases  shall  be  made  only  by  the 
commissioner  of  supplies  upon  requisition  signed  by 
the  head  of  the  department  requiring  such  supplies, 
specifying  the  articles  required.  The  commissioner 
shall  make  monthly  reports  of  purchases,  at  what 
price,  upon  whose  requisition,  and  in  December  of 
each  year  shall  render  to  the  mayor  a  complete  inven- 
tory of  all  city  and  county  property,  and  such  reports 
and  inventories  shall  be  transmitted  by  the  mayor  to 
the  council.  He  shall,  during  the  month  of  December 
in  each  year  advertise  in  the  official  paper  for  at  least 
ten  days  for  sealed  proposals  for  furnishing  supplies 
required  by  the  city  and  county  for  the  ensuing  year. 
All  bids  shall  be  made  in  duplicate  and  sealed;  one 
copy  filed  with  the  commissioner  of  supplies,  and  one 
copy  with  the  clerk.  The  right  is  reserved  to  reject 
any  and  all  bids.  At  the  time  specified  in  the  notice, 
the  bids  shall  be  opened  by  the  commissioner  in  the 
presence  of  the  mayor  and  auditor,  the  bidders  may  be 
present  and  may  inspect  all  bids.  With  the  approval 
of  the  mayor  or  auditor,  the  commissioner  may  award 
to  the  lowest  responsible  and  reliable  bidder,  con- 
tracts for  furnishing  such  supplies.  The  contractor 
shall  give  bond  approved  by  the  mayor. 

If  during  the  year  supplies  not  included  in  the  an- 
nual contracts  may  be  needed,  advertisement  for  bids 
shall  be  made  for  five  days ;  if  impracticable  to  adver- 
tise, sealed  proposals  shall  be  invited  from  at  least 
three  responsible  persons  dealing  in  the  articles  re- 
quired, and  the  bids  shall  be  opened  and  contracts 
awarded  as  hereinbefore  pravided. 

Section  62.  Contracts  for  official  advertising 
shall  be  let  annually  in  like  manner  to  the  lowest  re- 
sponsible bidder  publishing  a  daily  newspaper  of  gen- 
eral circulation  in  the  city  and  county  printed  in  the 
English  language.  All  bids  may  be  rejected  and  again 
be  advertised  for,  if  so  determined  bv  the  commis- 


30 

sionei  of  supplies  and  either  the  mavor  or  auditor. 
Such  advertising  shall  include  the  publication  of  all 
offici-^l  notices,  ordinances  and  other  matters  required 
to  be  published;  and  where  by  this  charter  or  by  or- 
dinance, any  such  publications  are  required  to  be 
made  in  more  than  one  newspaper,  then  the  official 
paper  shall  be  one  of  the  newspapers  in  which  such 
publication  shall  be  made.  The  commissioner  may 
omit  from  the  contract  the  publication  of  the  delin- 
quent tax  list,  but  if  so  omitted,  the  publication  there- 
of shall  be  let  to  the  lowest  bidder  on  a  separate  bid- 
ding. 

INSPECTION. 

Section  63.  There  shall  be  a  building  inspector 
appointed  by  the  mayor,  who  shall  be  an  architect  or 
practical  builder  of  not  less  than  five  years'  experi- 
ence, whose  term  of  office  shall  be  four  ( 4 )  years.  It 
shall  be  his  duty  to  inspect  all  buildings  in  process  of 
construction  or  repair,  and  he  shall  have  the  power  to 
inspect  all  other  buildings  to  ascertain  if  the  ordi- 
nances in  regard  to  buildings  are  being  complied  with, 
and  shall  keep  a  record  of  such  inspections.  In  case' 
the  ordinances  are  not  being  complied  with,  he  shall 
make  a  report  thereof  to  the  mayor  and  attorney.  It 
shall  be  his  duty  to  make  all  complaints  charging  vio- 
lations of  the  building  ordinances. 

The  inspectors  of  electric  wiring  and  plumbing 
shall  make  reports  to  the  building  inspector  and  such 
reports  shall  be  entered  of  record  in  his  office. 

It  shall  be  the  duty  of  the  fire  wardens  to  make 
prompt  report  to  the  building  inspector  in  every  case 
where  they  may  find  any  building  or  structure  in  an 
unsafe  or  defective  condition.  Such  report  shall  be 
entered  of  record  in  his  office. 

There  shall  also  be  one  boiler  and  elevator  in- 
spector, one  market  master,  one  electrician,  all  of 
whom  shall  be  appointed  by  the  mayor  for  the  term 
of  four  (4)   years.     Except  as  otherwise  herein  pro- 


31 

vided,  the  qualifications,  powers,  duties  and  labili- 
ties of  the  officers  mentioned  in  this  article  shall 
be  as  prescribed  by  ordinance;  and  within  their  re- 
spective appropriations  they  shall  have  power  co  ap- 
point such  assistants  as  may  be  necessary,  until  other- 
wise changed  by  ordinance. 

DEPARTMENT   OF    FIRE^   POLICE   AND    EXCISE. 

Section  04.  There  shall  be,  and  hereby  is  cre- 
ated, a  fire  and  police  board,  composed  of  a  commis- 
sioner of  excise,  who  shall  be  jDresident  of  the 
board,  a  commissioner  of  police,  and  a  commis- 
sioner of  fire;  each  to  be  appointed  by  the  mayor 
for  a  term  of  four  (4)  years,  one  of  said  members 
to  be  of  different  political  faith  from  the  other  two. 
Any  member  of  said  board  may  be  removed  by  the 
mayor  for  any  cause,  except  political,  provided  that 
any  charges  preferred  by  the  mayor  shall  be  in  writ- 
ing and  served  on  such  member  at  least  ten  (10) 
days  before  the  hearing  thereon  and  at  the  hearing, 
the  mayor  shall  permit  such  member  to  appear  in 
person  and  by  attorney,  and  within  a  reasonable  time 
present  any  defense  he  may  have.  The  decision  of 
the  mayor  shall  be  final.  Pending  the  hearing  the 
mayor  shall  have  power  to  suspend  such  commis- 
sioner.. The  board  shall  have  charge  and  control  of 
the  departments  of  fire,  police  and  excise,  except  as 
herein  otherwise  provided.  The  board  shall  appoint  a 
secretary  at  a  salary  not  exceeding  eighteen  hundred 
dollars  ( $1,800.00 )  per  year,  payable  out  of  the  treas- 
ury, to  keep  the  records  and  perform  such  other  duties 
as  may  be  required  by  the  board.  The  board  may 
appoint  other  assistants  at  salaries  not  exceeding 
twelve  hundred  dollars  (|1, 200.00)  each  per  year,  pay- 
able out  of  the  appropriation  at  the  disposal  of  the 
board.  The  board  shall  be  furnished,  at  the  expense 
of  the  city  and  county,  with  convenient  offices,  sta- 
tionery and  all  facilities  for  the  performance  of  its 
duties  as  may  be  by  the  board  deemed  requisite. 


32 

Section  65.  The  police  force  shall  be  composed 
of  the  chief  of  police  and  such  subordinate  officers, 
policemen  and  other  emploj^es  to  be  appointed  by  the 
board  as  may  be  necessary  to  preserve  the  peace,  pro- 
tect persons  and  property,  and  enforce  laws  and  ordi- 
nances. The  term  of  office  of  the  chief  of  police  shall 
be  four  (4)  years  subject  to  removal  at  any  time  by 
the  board ;  Provided,  that  any  charges  preferred  shall 
be  in  writing  and  served  at  least  ten  (10)  days  before 
the  hearing  thereon;  and  at  the  hearing  the  board 
shall  permit  him  to  appear  in  person  and  by  attorney, 
and  within  a  reasonable  time  present  any  defense  he 
may  have.  Pending  the  hearing,  the  board  shall  have 
power  to  suspend  him.  The  decision  of  the  board  in 
the  premises  shall  be  final. 

It  shall  be  the  duty  of  the  police  force  to 
suppress  all  riots,  disturbances  and  breaches  of 
the  peace  and  apprehend  any  and  all  persons  in 
the  act  of  committing  any  offense  against  the 
laws  of  the  state  or  of  the  ordinances,  and  forth- 
with bring  such  persons  before  the  proper  court 
or  other  competent  authority  for  examination,  and 
at  all  times  diligently  and  faithfully  enforce  all 
such  laws,  ordinances  and  regulations  for  the  preser- 
vation of  good  order  and  the  public  welfare  as  the 
council  may  enact,  and  upon  view  and  reasonable  sus- 
picion arrest  any  person  or  persons  who  may  be 
guilty  of  a  breach  of  any  of  the  ordinances  or  of 
any  crime  against  the  state  or  the  United  States. 
Every  officer  so  authorized  to  make  arrests  or  to 
serve  process  may,  in  the  discharge  of  his  duties, 
enter  into  all  public  places  and,  with  or  without  pro- 
cess, arrest  all  persons  frequenting  such  places,  and 
regarded  by  such  officer  as  suspicious  characters,  and 
forthwith  bring  such  persons  before  the  proper  court, 
if  said  court  be  then  in  session,  and  if  not,  then  to 
convey  such  persons  to  the  city  and  county  jail  until 
such  time  as  they  can  be  brought  before  said  court, 
then  to  deliver  them  up  for  trial  and  examination. 


33 

The  police  force  shall  not  permit  any  prize  fight, 
bull  fight,  glove  contest  in  the  nature  of  a  prize  fight, 
or  similar  exhibition,  and  shall  enforce  all  general 
laws  and  ordinances  suppressing  gambling,  including 
lotteries,  policy  shops,  pool  rooms,  or  any  other  form 
thereof,  and  a  failure  upon  the  part  of  the  chief  of 
police  so  to  do  shall  be  cause  for  his  removal  from 
office. 

Section  66.  The  fire  department  shall  be  com- 
posed of  a  chief  of  the  fire  department  and  such  other 
subordinate  officers,  firemen  and  other  employes  to  be 
appointed  by  the  board  as  may  be  necessary  to  pro- 
tect the  city  and  county  against  fire. 

Section  67.  The  board  shall,  in  the  exercise  of 
its  powers,  have  full,  complete  and  exclusive  authority 
to  expend  for  and  on  behalf  of  the  city  and  county, 
all  funds  set  apart  in  the  annual  appropriation  ordi- 
nance for  the  use  of  the  board,  and  all  appropriations 
now  set  apart  for  its  use,  and  all  disbursements  by 
the  board  shall  be  authorized  by  the  board  at  a  regu- 
lar or  duly  called  special  meeting  thereof. 

Section  68.  The  board  shall,  with  the  approval 
of  the  mayor,  make  all  selections  of  sites  for  fire  or 
police  stations,  patrol  boxes,  fire  hydrants,  alarm 
boxes,  etc.,  and  change  the  location  thereof;  and,  upon 
the  passage  of  an  ordinance  authorizing  the  same,  to 
contract  for  and  purchase  all  sites  for  police  stations 
and  fire  houses  and  to  make  contracts  and  pay  for  the 
erection  thereof,  with  the  right  of  condemnation 
herein  provided  for. 

Section  69.  The  board  may  appoint  such  special 
policemen,  patrolmen  and  watchmen,  with  or  without 
pay  from  the  city,  as  it  may  deem  necessary,  all  of 
whom  shall  be  subject  to  the  orders  of  said  board  and 
shall  be  authorized  and  empowered  to  do  and  perform 
such  of  tlie  duties  of  the  members  of  the  police  force 
not  inconsistent  with  this  act  and  the  ordinances  of 
the  city,  as  may  be  specified  by  resolutions  of  said 
board. 


34 


EXCISE. 


Section  70.  The  fire  and  police  board  shall  have 
exclusive  power  to  grant,  refuse,  revoke  or  suspend 
any  and  all  licenses ;  Provided,  No  license  shall  be  sus- 
pended for  more  than  five  days  nor  revoked,  except 
on  notice  to  the  holder  thereof  and  a  hearing  before 
said  board;  nor  shall  any  license  be  granted  to  any 
person  or  persons,  if  such  person  or  persons  shall  have 
been  twice  convicted  of  violating  any  of  the  provi- 
sions relating  to  excise  contained  herein  or  any  ordi- 
nance applying  to  saloons,  tippling  houses  or  any 
other  place  where  spirituous,  malt  or  intoxicating 
liquors  are  sold. 

Section  71.  The  council  shall,  by  general  ordi- 
nance, provide  what  licenses  may  be  granted  and  upon 
whom  and  what  imposed,  and  prescribe  the  condi- 
tions, if  any,  attaching  to  the  issuance  thereof ;  except 
as  otherwise  provided  by  this  charter. 

Section  72.  The  board  shall  appoint  all  of- 
ficers and  assistants  necessary  to  perform  the 
duties  of  the  department  of  excise,  except  that  the 
officers  and  assistants  necessary  for  the  inspection 
and  collection  of  all  licenses  shall  be  appointed  by  and 
be  under  the  supervision  of  the  auditor.  Police  power 
is  hereby  conferred  upoi^  such  appointees  to  make 
arrests  for  any  violation,  neglect,  or  infraction  of  the 
charter  or  ordinances  relating  to  excise.  The  board 
shall  keep  a  record  of  each  application  for  license, 
setting  forth  the  name  of  the  applicant,  his  place  of 
business,  if  any,  residence,  character  of  license  sought, 
with  term  thereof,  the  recommendation  of  the  board 
thereon,  and  if  granted,  the  place,  if  any,  to  which  the 
license  attaches,  the  amount  payable  thereon  and  the 
date  upon  which  it  expires. 

Section  73.  No  license  or  permit  shall  issue 
until  the  fee  therefor  has  been  paid  to  the  treasurer, 
who  shall  endorse  thereon  such  payment,  and  issue 


35 

his  receipt  therefor  to  the  auditor,  who  shall  then 
attest  such  endorsement. 

Section  74.  All  liquor  licenses  may  be  trans- 
ferred by  the  holder  thereof  with  the  approval  of  the 
board  on  the  payment  of  a  fee  of  ten  dollars  therefor 
to  the  treasurer,  who  shall  endorse  upon  such  trans- 
ferred license  such  payment,  and  issue  his  receipt 
•therefor  to  the  auditor,  who  shall  then  attest  such  en- 
dorsement. All  other  licenses  may  be  transferred* 
upon  such  conditions  as  may  by  ordinance  be  pre- 
scribed. 

Section  75.  The  council  shall,  by  ordinance,  pro- 
vide for  the  licensing,  taxing  and  regulating  of  liquor 
saloons,  dram  shops  and  tippling  houses,  and  the 
selling  or  giving  away  of  any  spirituous,  malt  or  in- 
toxicating liquors  by  any  person  or  corporation 
within  the  city  and  county;  Provided,  No  license  for 
the  sale  of  spirituous,  malt  or  intoxicating  liquors  in 
liquor  saloons,  dram  shops  or  tippling  houses  shall 
be  granted,  except  on  the  petition  of  the  owners  of 
a  majority  of  the  real  estate  within  the  frontage  of 
the  block  in  which  such  liquors  or  any  thereof  are 
to  be  sold.  The  uniform  fee  for  such  licenses  shall 
be  six  hundred  dollars  a  year,  except  as  herein  oth- 
erwise provided,  and  no  such  license  shall  be  granted 
for  a  less  term  than  six  months. 

Section  76.  No  liquor  saloon,  dram  shop  or  tip- 
pling house  shall  be  kept  open  on  Sunday,  nor  be- 
tween the  hours  of  twelve  o'clock  at  night,  and  five 
o'clock  in  the  morning,  and  all  laws  of  the  state  con- 
cerning closing  upon  Sunday  and  election  day  shall 
be  in  full  force  and  effect  in  the  city  and  county. 

Section  77.  No  license  shall  issue  for  the  sale 
of  spirituous,  malt  or  intoxicating  liquors  at  any 
place  within  five  hundred  feet  of  the  nearest  point 
of  a  public  park  or  public  school  property,  used  as 
such. 

Section  78.  No  liquor  saloon,  dram  shop  or  tip- 
pling house  shall  have  or  keep  in  connection  with  or 


as  part  of  such  saloon,  tippling  house  or  dram  shop, 
any  wine  room  or  other  place,  either  with  or  without 
doors,  curtain  or  curtains,  or  screen  of  any  kind,  into 
which  any  female  person  shall  be  permitted  to  enter 
from  the  outside,  or  from  such  tippling  house  or  dram 
shop,  and  there  be  supplied  with  any  kind  of  liquor 
whatsoever. 

Section  79.  Any  person  who,  either  as  princi- 
pal, clerk,  agent,  employee  or  servant,  shall  sell  any 
spirituous,  malt  or  intoxicating  liquors  or  conduct 
any  other  business  for  which  a  license  is  required  by 
law  or  by  the  charter  or  ordinances  without 
first  obtaining  such  license  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  upon  conviction,  shall 
be  punished  by  a  fine  of  ten  (10)  dollars  or  twenty 
(20)  days'  imprisonment  or  both  for  the  first  of- 
fense, and  a  fine  of  not  less  than  one  hundred  (100) 
dollars  or  imprisonment  of  thirty  (30)  days  or 
both  for  each  subsequent  offense;  and  it  shall 
be  the  duty  of  all  policemen  to  enforce  the 
provisions  of  this  section  promptly  by  clos- 
ing all  such  places  of  business  as  may  be  open  with- 
out a  license  or  temporary  permit  conspicuously 
posted  therein,  and  report  all  such  cases  immediately 
to  the  auditor  and  to  the  commissioner  of  excise  who 
shall  cause  charges  to  be  made  in  the  proper  court 
against  the  owner,  clerk,  agent,  employee  or  servant 
in  charge  of  said  premises. 

Section  80.  All  laws  and  ordinances  prohibit- 
ing or  regulating  the  sale  of  spirituous,  malt  or  intox- 
icating liquors  in  municipalities  annexed  to  the  city 
of  Denver,  or  consolidated  with  the  city  and  county 
of  Denver,  except  in  cases  where  the  license  fee  for 
the  retail  sale  thereof  was  lower  than  at  the  rate  of 
six  hundred  dollars  a  year,  shall  remain  in  force  as 
the  same  existed  at  the  time  of  such  annexation  or 
consolidation. 

Section  81.  The  existing  ordinances  regulating 
the  issuing  of  licenses  and  the  amounts  thereof,  as 


37 

the  same  exist  when  this  charter  is  adopted,  and  the 
general  laws  of  the  state  regulating  the  liquor  traffic, 
as  far  as  applicable,  shall  be  in  full  force  and  effect, 
until  changed  by  the  council,  except  as  herein  other- 
wise provided. 

di:partment  of  public  utilities  and  works. 

Section  82.  There  shall  be  a  board  of  public 
works,  composed  of  the  commissioner  of  public  works, 
who  shall  be  the  president  of  the  board,  the  engineer, 
and  the  commissioner  of  highways.  Such  board  shall 
have  charge  and  control  of  all  public  works  and  utili- 
ties. The  members  of  said  board  shall  each  be  ap- 
pointed by  the  mayor,  for  the  term  of  four  (4)  years, 
one  of  whom  shall  be  of  different  political  faith  from 
the  other  two.  Any  member  may  be  removed  by  the 
maj^or  for  any  cause,  except  political,  provided  that 
any  charges  preferred  by  the  mayor  against  anj  mem--, 
ber  of  the  board  shall  be  in  writing  and  served  on  such 
member  at  least  ten  (10)  days  before  the  hearing 
thereon,  and  at  the  hearing  the  mayor  shall  permit 
such  member  to  appear  in  person  and  by  attorney, 
and,  within  a  reasonable  time,  present  any  defense  he 
may  have.  The  decision  of  the  mayor  in  the  premises 
shall  be  final.  Pending  such  hearing,  the  mayor  may 
suspend  such  member.  The  board  shall  appoint  a 
secretary,  at  a  salary  not  exceeding  eighteen  hundred 
dollars  (|1,800)  per  year,  payable  out  of  the  treasury, 
to  keep  thfe  records  and  perform  such  other  duties  as 
may  be  required  by  the  board.  The  board  may 
appoint  other  assistants,  at  salaries  not  exceeding 
twelve  hundred  dollars  (|1,200)  each  per  year,  the 
salaries  payable  out  of  the  appropriation  at  the  dis- 
posal of  the  board.  The  board  shall  be  furnished,  at 
the  expense  of  the  city  and  county,  with  convenient 
offices,  stationery  and  instruments,  and  all  facilities 
for  the  performance  of  its  duties  as  may  be,  by  the 
board,  deemed  requisite. 


38 

Section  83.  Except  as  otherwise  provided  in  this 
charter,  the  board  of  public  works  shall  have  exclusive 
management  and  control  of  the  construction,  recon- 
struction and  maintenance  of  all  public  and  local  im- 
provements, the  care,  repair  and  maintenance  of  all 
streets,  alleys  and  other  highways  and  public  places, 
of  all  sewers,  sidewalks,  bridges,  viaducts,  tunnels  and 
other  like  structures,  of  all  buildings  belonging  to,  and 
the  construction  of  all  buildings  for  the  city  and 
county,  except  buildings  used  exclusively  for  fire  or 
police  purposes  or  for  hospitals,  of  all  improvements 
of  Cherry  creek  and  Platte  river,  of  all  excavations 
in  the  streets,  alleys  and  other  highways  or  public 
places,  the  cleaning  of  streets,  the  erection,  alteration 
or  removal  of  poles,  the  location  and  stringing  of 
wires,  laying  of  tracks,  pipes  and  conduits,  whether 
done  by  the  city  and  county  or  other  persons,  and  the 
full  charge  and  control  of  all  public  utilities  belong- 
ing to  the  city  and  county. 

Section  84.  The  board  shall  also  have  exclusive 
power  to  lay  out,  open,  change,  vacate  and  establish 
or  change  the  grades  of  streets,  alleys  or  other  high- 
ways or  public  places,  subject  to  approval  by  ordi- 
nance, and  to  order,  contract  for  and  execute  all  im- 
provements thereon;  to  grade  all  streets,  alleys  and 
other  highways  and  public  places,  and  cause  or  per- 
mit lamp  posts  or  other  lighting  apparatus,  signs, 
aAvnings  and  other  structures  to  be  erected  in  or  re- 
moved from  the  streets,  alleys,  highways  and  other 
public  places,  to  grant  permits  for  excavations  therein 
or  the  removal  of  materials  therefrom,  to  require 
bonds  for  damages  and  the  proper  replacement  of  the 
highway,  and  to  refuse  all  such  permits,  when  the 
public  interests  may  require  it;  provided  that  the 
council  may  by  ordinance  regulate  the  granting  of  all 
such  permits. 

Section  85.  The  board  shall  also  have  exclusive 
power  and  authority  to  lay  out,  establish,  regulate  and 
improve  boulevards  and  to  adopt  rules  for  the  regu- 


39 

lation  and  government  of  the  same,  and  to  prohibit 
heavy  traffic  upon  such  boulevards,  and  the  council 
shall,  by  ordinance,  upon  the  recommendation  of  said 
board,  prohibit  and  provide  for  the  punishment  of, 
any  violation  of  such  rules. 

Section  86.  The  board  shall  hold  regular  meet- 
ings on  the  first  Tuesday  of  each  month  and  may  by 
rule  provide  for  holding  special  meetings  and  service 
of  notice  of  such  special  meetings.  All  duties  of  the 
president  may  in  his  absence  from  the  city  and  county 
or  in  case  of  his  inability  to  act,  be  performed  by  a 
president  pro  temj^ore  to  be  elected  by  the  board.  No 
member  of  the  board  shall  have  any  authority  to  act 
on  behalf  of  the  board,  except  in  pursuance  of  author- 
ity conferred  at  a  lawful  meeting  of  said  board,  and 
a  majority  of  the  board  shall  constitute  a  quorum 
for  the  transaction  of  business,  and  no  action  of  the 
board  shall  be  binding,  unless  authorized  by  a  ma- 
jority of  the  members  thereof  at  a  regular  or  duly 
called  special  meeting.  All  proceedings  of  the  board 
shall  be  recorded  by  the  secretary,  with  a  record  qt 
the  vote  of  each  member,  when  the  vote  is  not  unan- 
imous. 

All  meetings  shall  be  public  and  the  records  of 
the  board  shall  be  public  records  and  open  to  inspec- 
tion. 

Section  87.  The  board  may,  in  the  letting  of 
contracts,  impose  such  conditions  upon  bidders  with 
regard  to  bonds  and  securities,  and  such  guaranties 
of  good  faith  and  responsibility  on  the  part  of  bid- 
ders, for  the  faithful  completion  of  the  work  or  keep- 
ing the  same  in  repair,  and  providing  for  any  other 
material  matter  or  thing  in  connection  therewith,  as 
may  be  considered  by  the  board  advantageous  to  the 
city  and  county. 

Section  88.  The  board  shall  have  full,  complete 
and  exclusive  authority  to  expend  all  such  sums 
of  money  as  may  be  appropriated  for  the  depart- 
ment from  the  general  revenues,  and  as  may  from 


40 

time  to  time  be  realized  from  the  sale  of  the  gen- 
eral bonds  of  the  city  and  county,  if  such  bonds  are 
authorized  and  issued  under  the  provisions  of  this 
charter,  for  the  purposes  expressed  in  the  ordinance 
submitting  the  question  of  incurring  the  indebted- 
ness,' and  the  issuance  of  bonds  and  to  negotiate  the 
selling  of  such  bonds;  also  to  cause  to  be  issued  bonds 
of  the  city  and  county  in  the  construction  of  local 
improvements,  as  in  this  charter  provided;  and  to 
expend  on  behalf  of  the  city  and  county  all  such  sums 
of  money  as  may  from  time  to  time  be  realized  from 
the  sale  of  any  of  such  bonds,  or  realized  from 
special  assessments  for  local  improvements,  except 
parks  and  park-ways,  and  of  all  appropriations 
made  from  the  general  revenues  for  the  construc- 
tion of  public  or  local  improvements;  and  shall  have 
the  exclusive  sale  of  all  bonds  mentioned  in  this  sec- 
tion and  the  exclusive  expenditure  of  the  proceeds  of 
such  sales. 

89.  The  department  of  public  works  shall  in- 
clude a  bureau  of  engineering  and  surveying  under 
the  control  and  management  of  the  board  of  public 
works.  The  engineer  shall  be  the  head  thereof  and 
shall  devote  his  entire  time  to  the  duties  of  his  office. 

The  board  may  appoint  one  chief  assistant  engi- 
neer at  a  salary  of  not  to  exceed  twenty-four  hundred 
dollars  per  year,  and  in  addition  to  the  assistant  en- 
gineers and  inspectors  employed  on  local  improve- 
ments such  assistant  engineers  and  inspectors  as  may 
be  considered  necessary  by  the  board,  who  shall  re- 
ceive salaries  to  be  fixed  by  the  board,  not  to  exceed 
eighteen  hundred  dollars  per  year,  payable  out  of  the 
general  appropriations  at  the  disposal  of  said  board. 

Section  90.  The  engineer  shall  do  all  the  sur- 
veying and  engineering  of  the  city  and  county,  and 
perform  such  other  duties  as  the  board  may  authorize 
and  direct. 

The  board  shall  have  the  custody  of  all  plats, 
maps,  records,  notes,  surveys,  papers,  files  and  docu- 


41 

ments  now  or  heretofore  belonc^ng  to  the  office  of  the 
city  eniiiDcer,  the  county  surveyor,  or  said  board,  or 
pertaininc^  to  the  surveys  of  the  city  and  county,  and 
shall  deliver  the  same  to  its  successors  in  office,  in- 
cluding all  private  memoranda  made  by  the  engineer 
or  any  of  his  assistants,  relating  to  the  surveys  or 
other  engineer's  data  of  the  city  and  county. 

COMMISSIONER  OF  HIGHWAYS. 

Section  01.  There  shall  be  a  bureau  of  high- 
ways, the  head  of  which  shall  be  the  commissioner 
of  highways;  the  commissioner  shall,  under  the  direc- 
tion of  the  board,  have  general  charge,  and  the  care, 
repair  and  cleaning  of  all  the  streets,  alleys,  and 
other  highways  and  public  places,  and  of  all  bridges, 
viaducts,  tunnels  and  sidewalks,  and  of  all  work  done 
in  the  maintenance  and  repair  thereof,  and  of  such 
other  operations  of  the  department  of  public  works 
as  may  be  designated  by  the  board. 

DEPARTMENT   OP  PARKS. 

Section  92.  The  park  commission  shall  be  com- 
posed of  five  commissioners,  who  shall  be  well  known 
for  their  business  ability,  probity  and  public  spirit, 
one  of  whom  shall  be  president  of  the  commission 
and  appointed  as  such,  and  all  of  whom  shall  hold 
their  offices  for  five  years  from  the  date  of  appoint- 
ment, except  that  the  first  appointments  shall  be 
made  for  such  respective  terms  that  one  of  the  ap- 
pointments shall  expire  each  year.  The  com- 
missioners shall  serve  without  compensation,  except 
for  their  actual  disbursements,  approved  by  the 
mayor.  One  commissioner  shall  be  appointed  from 
each  of  the  park  districts,  and  the  president  at  large, 
and  each  commissioner  shall  have  resided  at  least 
two  years  in  his  district  prior  to  appointment.  Any 
commissioner  shall  be  considered  as  vacating  his  of- 
fice upon  the  acceptance  of  any  other  public  office. 


42 

Section  93.  The  commission  may  employ  a  sec- 
retary at  a  salary  not  exceeding  fifteen  hundred  dol- 
lars (|1,500)  per  annum,  payable  out  of  the  park 
fund,  who  shall  keep  a  record  of  all  proceedings  of  the 
commission  and  have  custody  of  and  preserve  all  its 
records. 

Section  94.  The  commission  shall  be  provided 
by  the  city  and  county  with  convenient  offices,  sta- 
tionery and  the  facilities  necessary  for  the  perform- 
ance of  its  duties,  as  by  the  commission  deemed  neces- 
sary and  advisable. 

Section  95.  The  commission  may  appoint  a 
superintendent  of  parks,  who  shall  be  a  practical 
landscape  gardener,  who  shall,  under  the  direction  of 
the  commission,  have  active  charge,  control  and  direc- 
tion of  all  the  parks  and  park- ways  of  the  city  and 
county,  and  perform  such  other  duties  as  may  be 
prescribed  by  the  commission,  with  such  other  assist- 
ants and  salaries  payable  out  of  the  park  fund,  as 
may  be  authorized  b}-  the  commission,  with  the  ap- 
proval of  the  mayor. 

Section  96.  The  commission  shall  hold  a  regular 
meeting  on  the  first  Tuesday  of  each  month,  and  may 
by  rule  provide  for  special  meetings  and  service  of 
notice  thereof.  A  majority  of  the  members  shall  con- 
stitute a  quorum,  and  no  action  of  the  commission 
shall  be  binding  unless  authorized  by  a  majority  of 
the  members  at  a  regular  or  duly  called  special  meet- 
ing thereof. 

Section  97.  The  commission  shall,  with  the  ap- 
proval of  the  mayor,  have  full,  complete  and  exclu- 
sive power  and  authority  to  expend  for  and  on  be- 
half of  the  city  and  county,  all  sums  of  money  that 
may  be  raised  by  general  taxation  for  park  purposes, 
and  all  other  sums  of  money  appropriated  by  the 
council  from  the  general  revenues  for  the  same  pur- 
poses; and  all  moneys  that  may  be  realized  by  the 
commission  from  the  sale  of  privileges  in  or  near 
the  parks  of  the  city  and  county,  or  realized  from  the 


43 

sale  of  the  general  bonds  of  the  city  and  county  and 
set  apart  for  park  purposes,  or  from  the  sale  of  the 
park  district  bonds  hereinafter  provided  for. 

Section  98.  The  fiscal  year  of  the  department 
of  parks  shall  end  on  the  thirty-first  day  of  Decem- 
ber of  each  year,  and  during  the  month  of  January 
of  each  year  the  commission  shall  make  an  annual 
report  to  the  mayor  and  council  of  all  moneys  re- 
ceived and  expended  in  the  purchase,  improvement 
and  maintenance  of  parks,  showing  when,  where,  how 
and  in  what  manner  the  same  were  received  and  ex- 
pended, and  what  improvements  have  been  made  dur- 
ing the  year  preceding  the  report. 

Section  99.  The  commission  shall  have  exclusive 
management  and  control  of  all  parks  and  park-ways, 
and  exclusive  power  to  lay  out,  regulate  and  improve 
the  same,  and  to  prohibit  certain  or  heavy  trafiflc 
therein,  and  to  grant  or  refuse  licenses  to  vend  goods 
on  the  streets  or  sidewalks  within  three  hundred  feet 
of  any  park  entrance  and  on  the  streets  and  sidewalks 
adjoining  parks,  and  the  council  shall,  by  ordinance 
provide  for  the  enforcement  of  the  rules  and  orders  of 
the  commission  in  relation  thereto. 

No  franchise,  license  or  permit  for  the  construc- 
tion or  maintenance  of  any  railway  shall  ever  be 
granted  within  the  limits  of  any  park  or  lengthwise 
upon  any  park-way.  Nor  shall  any  franchise  for  the 
maintenance  of  any  other  special  privilege  within  any 
park  be  granted. 

The  commission  shall  have  exclusive  management 
and  control  of  the  city  ditch,  and  the  distribution  of 
water  therefrom,  within  and  without  the  city  and 
county. 

Section  100.  The  commission  may  establish  a' 
building  line  or  lines,  determining  the  distance  at 
which  all  structures  to  be  erected  upon  any  private 
premises  fronting  any  park  or  park-way  under  the 
jurisdiction  of  the  commission  shall  be  erected  upon 


44 

such  premises,  and  may,  in  the  name  of  the  city  and 
county,  prevent  the  erection  and  require  the  removal 
of  all  structures  outside  said  lines,  and  no  permit 
shall  be  issued  authorizing  the  erection  of  any  struc- 
ture outside  the  building  line  so  established. 

Section  101.  No  portion  of  Congress  park,  or  of 
any  other  park  now  belonging  to  or  hereafter  ac- 
quired by  the  city  and  county,  shall  be  sold  or  leased 
at  any  time. 

Section  102.  Real  or  personal  property  may  be 
granted,  bequeathed,  devised  or  conveyed  to  the  city 
and  county  for  the  purpose  of  the  improvement  or 
ornamentation  of  any  park,  boulevard,  pleasure-way 
or  park-way,  or  for  the  establishment  or  maintenance 
therein  of  museums,  zoological  or  other  gardens,  col- 
lections of  natural  history,  observatories,  libraries, 
monuments  or  works  of  art,  upon  such  trusts  or  con- 
ditions as  may  be  approved  by  the  commission  and 
council ;  and  all  such  property  or  the  rents,  issues  and 
profits  thereof  shall  be  subject  to  the  exclusive  man- 
agement and  control  of  the  commission.  The  com- 
mission may  also  provide  such  accommodations  and 
take  such  preliminary  steps  as  the  moneys  at  their 
disposal  will  justify  for  the  securing  and  preservation 
of  collections  of  natural  history  and  the  establish- 
ment of  museums  in  the  parks. 

Section  103.  No  moneys  levied  or  appropriated 
by  the  ( ouncil  or  by  this  charter  for  park  purposes 
and  remaining  unexpended  at  the  end  of  any  fiscal 
year,  sliall  be  converted  into  the  general  fund  nor  be 
subject  to  appropriation  for  general  purposes. 

Section  104,  The  commission  shall  have  such 
additional  powers  relating  to  parks  and  boulevards 
as  may  be  prescribed  by  ordinance. 

Section  105.  In  case  a  bonded  indebtedness  of 
the  city  and  county  is  incurred  for  the  purpose  of  ac- 
quiring lands  for  parks  or  park-ways,  the  proceeds 
thereof  shall  be  used  in  acquiring  lands  in  the  several 


45 

park  districts  herein  prescribed,  in  proportion  to  the 
assessed  valuation  of  the  real  estate  in  each  district. 

As  a  part  of  the  annual  levies  authorized  by  this 
charter,  the  council  shall  annually  assess  and  collect 
upon  each  dollar  of  taxable  property  within  the  city 
and  county  at  least  one  and  one-third  mills,  the  pro- 
ceeds of  which  shall  be  collected  in  the  same  manner 
as  other  city  and  county  taxes,  and  when  collected 
shall  be  set  apart  and  constitute  an  improvement  and 
maintenance  fund  for  park  purposes. 

All  moneys  collected  as  taxes  levied  for  the  main- 
tenance and  improvement  of  parks  and  park-ways, 
shall  be  expended  by  the  commission  as  in  their  judg- 
ment the  needs  of  the  several  park  districts  require. 

DEPARTMENT   OF   HEALTH. 

Section  106.  There  shall  be  a  health  commis- 
sioner, who  shall  be  appointed  by  the  mayor  and  have 
control  of  the  department  of  health,  whose  term  of 
office  shall  be  four  (4)  years;  he  shall  be  a  licensed 
physician  and  have  been  engaged  in  the  practice  of 
medicine  in  the  city  and  county  for  at  least  five  (5) 
3^ears;  he  shall  appoint  such  assistants,  within  his 
appropriation,  as  may  be  required. 

He  shall  have  control  of  the  city  and  county  hos- 
pitals, the  Steele  Memorial  hospital,  and  shall  provide, 
maintain  and  have  charge  of  a  morgue.  He  shall  at- 
tend the  sick  in  jails,  houses  of  detention,  and  care  for 
and  direct  the  admission  and  discharge  of  patients  at 
the  city  and  county  farm.  He  shall  have  the  Scinitary 
supervision  of  all  institutions  of  the  city  and  ccunty. 
including  jails,  houses  of  detention,  schoolhouses  and 
public  buildings;  of  the  disposition  of  the  dead;  oJ 
the  plumbing  and  drainage  and  sewerage  of  buildings 
of  markets  and  of  all  matters,  pertaining  to  the  pres 
ervation  and  protection  of  the  lives  and  health  of  the 
people.  He  shall,  at  least  quarterly,  visit  every  insti 
tution  in  the  city  and  county,  private  or  public,  main 
tained  for  the  care  of  the  sick,  injured,   indigent 


^ 


4G 

insane  or  minors.  He  shall  have  control  of  the  re- 
moval and  disposition  of  all  garbage,  offal  and  other 
offensive  substances,  and  may  enter  into  such  time 
contracts  for  the  removal  and  disposition  of  the  same 
as  in  his  judgment  he  may  deem  to  be  to  the  best 
interests  of  the  city  and  county  and  to  the  health  and 
comfort  of  the  inhabitants  of  the  same. 

Section  107.  Upon  probable  cause,  supported  by 
oath  or  affirmation,  a  warrant  may  be  issued  by  any 
justice  of  the  peace  authorizing  the  health  commis- 
sioner to  enter  into  any  dwelling.  He  may  enter  upon 
any  other  premises  in  the  day  time  without  such  war- 
rant and  in  the  exercise  of  his  duties  of  office  may 
command  the  services  of  the  police. 

Section  108.  The  health  commissioner  shall  ap- 
point two  (2)  licensed  physicians,  who  shall  serve 
without  compensation,  and  who  shall  act  with  him  as 
a  medical  advisory  commission.  The  commission  shall 
define  the  duties  of  the  physicians  and  surgeons  of  the 
visiting  staff  of  the  hospitals  and  similar  institutions 
of  the  city  and  county. 

Section  109.  The  juembers  of  the  visiting  staff 
shall  be  appointed  by  the  medical  advisory  commission 
annually,  removed  oiii\  for  cause,  be  eligible  to  reap- 
pointment and  serve  vvlthout  compensation. 

Section  110.  The  city  and  county  physicians 
shall  be  afjpointed  by  the  health  commissioner,  have 
charge  of  the  receiving  and  emergency  wards  and  hos- 
pitals and  perform  such  other  duties  as  may  be  pre- 
scribed by  the  iiealth  '  (Uimissioner. 

The  resident  p-n  :ians  in  the  hospitals  of  the 
city  and  county  shall  1  •  appointed  by  the  health  com- 
missioner, and  serve  wiihout  compensation,  other  than 
board  and  lodging  during  their  term  of  service. 

Section  111.  The  council  shall  provide  for  the 
maintenance,  enlargement  and  improvement  of  the 
Steele  Memorial  hospital  for  contagious  diseases  of 
children,  and  provide  accommodation  for  the  care  of 


47 


persons  with  contagious  diseases,  who  are  required  to 
be  removed  thereto  or  who  are  able  to  pay  a  proper 
compensation. 

Section  112.  The  health  commissioner  shall 
keep  a  record  of  the  work  done  in  the  institutions 
under  his  control,  collecting  and  preserving  such  sta- 
tistical information  relating  to  his  department,  as 
may  aid  the  advancement  of  science,  and  publish 
reports  of  the  same. 


DEPARTMENT   OF   CHARITY   AND   CORRECTION. 

Section  113.  There  shall  be  a  commission  of 
charity  and  correction  consisting  of  three  members, 
appointed  by  the  maj^or  for  the  term  of  two  (2)  years. 
The  commission  shall  have  control  of  the  department 
of  charity  and  correction  and  shall  serve  without  com- 
pensation. The  commission  may  appoint  a  secretary 
and  such  other  employes  as  may  be  necessary,  with  the 
approval  of  the  mayor,  and  whose  compensation  shall 
be  provided  by  ordinance. 

Section  114.  The  commission  shall  have  charge 
of  all  charitable  work  done  by  the  city  and  county; 
have  charge  of  the  city  and  county  farm,  of  the  de- 
tention school,  and  may  establish  and  have  charge  of 
a  municipal  lodging  house,  and  shall  make  and  en- 
force rules  foi  the  government  of  said  institutions. 
They  shall  perform  sucli  other  duties,  not  inconsistent 
with  the  general  laws  of  the  state  and  the  provisions 
of  this  charter,  as  the  council  may,  by  ordinance,  re- 
quire; Provided,  hoicevcr.  Nothing  herein  shall  be  con- 
strued to  prevent  the  council  from  making  appropria- 
tions to  charitable  organizations,  to  be  administered 
by  them. 

Section  115.  The  coiumission  shall  appoint  the 
superintendent  of  the  city  and  county  farm,  with  the 
approval  of  the  mayor. 

Section  116.  The  commission  shall  visit  all 
charitable  institutions,  all  jails  and  all  institutions 


48 

of  the  city  and  county  where  sick,  Insane,  destitute 
or  other  persons  are  confined,  and  may  cause  any  per- 
son convicted  of  violating;  any  law  or  ordinance,  and 
who  is  confined  or  on  parole,  to  be  examined  as  to  the 
causes  contributing  to  the  delinquency-;  a  record  of 
such  examinations  to  be  made  and  kept. 

Section  117.  The  commission  shall  keep  advised 
as  to  the  management  of  all  institutions  receiving 
public  money,  and  is  empowered  to  enter  and  examine 
into  the  management  of  any  charitable  institution, 
public  or  private,  at  any  reasonable  hour. 

Section  118.  The  commission  shall  visit  the  city 
and  county  farm  at  least  once  each  month ;  shall  visit 
the  city  and  county  hospitals  and  may  recommend  to 
the  mayor  any  change  in  management  deemed  ad- 
visable. 

Section  119.  A  record  of  all  proceedings  of  the 
commission,  recommendations  made  regarding  any  in- 
stitution, reports  of  investigations  of  hospitals  and 
similar  institutions  and  a  record  of  each  case  of  relief 
afforded,  and  such  other  records  as  may  be  ordered  by 
the  commission,  shall  be  kept  by  the  secretary. 

Section  120.  There  shall  be  established  and 
maintained  a  detention  school,  not  connected  with 
any  jail,  which  shall  be  in  charge  of  a  superintendent. 
The  superintendent  shall  be  appointed  by  the  juvenile 
court  (county  court)  of  the  city  and  count}^  provided 
such  appointment  must  be  first  submitted  to  the  com- 
mission for  its  approval  as  to  the  qualification  of  the 
appointee.  It  shall  be  the  duty  of  the  commission 
to  approve  or  disapprove  such  appointment  within 
thirty  days  after  the  submission  thereof;  such  ap- 
pointment shall  be  considered  approved  in  case  the 
commission  shall  fail  within  said  time  to  take  any 
action  thereon.  The  superintendent  must  be  quali- 
fied to  instruct  and  teach  children  in  branches  of  edu- 
cation similar  to  those  of  the  public  schools  of  the 
city  and  county.    Such  school  shall  be  supplied  with 


49 

all  necessary  teachers,  help  and  convenient  facilities 
for  the  care  of  inmates  thereof.  The  employes  thereof 
shall  be  appointed  in  like  manner  as  the  superintend- 
ent. Children  under  sixteen  years  of  age,  arrested  for 
an}^  cause,  may,  by  order  of  the  juvenile  court,  unless 
otherwise  provided  by  the  juvenile  court  act,  be  held 
in  the  detention  school  until  final  judgment.  Tliey 
shall  receive  schooling  and  professional  services  when 
required.  No  child  fourteen  jeavs  of  age  or  under 
shall  be  incarcerated  in  any  common  jail  or  lock-up. 

The  superintendent  shall  keep  a  record  of  such 
children  and  such  other  information  as  may  be  re- 
quired by  the  juvenile  court  (the  county  court)  of 
the  city  and  county,  or  the  commission. 

ART. 

Section  121.  There  shall  be  an  art  commission 
appointed  by  the  mayor,  who  shall  be  ex-officio  a  mem- 
ber of  said  commission.  The  commission  shall  consist 
of  six  members,  of  whom  two  shall  be  professional  art- 
ists, one  of  whom  shall  be  a  sculptor,  and  such  two 
members  shall  be  appointed  from  lists  of  names  pre- 
pared and  submitted  by  "The  Artists  Club"  or  "The 
Municipal  Art  League"  of  Denver,  and  one  member 
shall  be  a  professional  architect ;  the  others  shall  not 
be  persons  pursuing  the  profession  of  art  or  architec- 
ture. The  first  appointments  shall  provide  two  mem- 
bers for  a  term  of  six  years,  two  members  for  a  term 
of  four  years,  and  two  members  for  a  term  of  two 
years;  and  thereafter  two  appointments  for  the  term 
of  six  years  shall  be  made  biennially.  Vacancies  shall 
be  filled  by  the  mayor. 

Section  122.  The  commission  shall  have  control 
of  all  matters  of  art  pertaining  to  the  city  and  county, 
and  advise  the  mayor  and  council  with  relation  there- 
to, and  serve  without  compensation. 

No  work  of  art  shall  become  the  property  of  the 
city  and  county,  or  subject  to  its  control,  unless  such 


50 

work  or  the  design  for  the  same,  together  with  a  state- 
ment of  its  proposed  location,  shall  have  been  ap- 
proved by  the  commission.  No  such  work  of  art  shall 
be  removed,  re-located  or  altered,  except  with  the  ap- 
proval of  the  commission. 

No  member  of  the  commission  shall  receive  pay- 
ment from  the  city  and  county  for  the  design  or  exe- 
cution of  any  work  of  art. 

Section  123,  The  term  "work  of  art"  shall  in- 
clude all  paintings,  stained  glass  windows,  mural  dec- 
orations, statues,  bas-reliefs,  seals,  medals,  sculptures, 
monuments,  fountains,  arches,  ornamental  gateways 
and  other  structures  of  a  permanent  character  in- 
tended for  ornament  or  commemoration. 

Section  124,  No  contract  or  order  for  the  execu- 
tion of  any  work  of  art  for  said  city  and  county  shall 
be  made  until  submitted  to  the  commission  and  its 
approval  secured, 

LIBRARIES, 

Section  125,  There  shall  be  a  library  commission, 
consisting  of  eight  members,  who  shall  serve  without 
compensation.  The  present  board  of  directors  of  the 
public  library  of  the  city  of  Denver,  together  with  two 
women  to  be  appointed  by  the  mayor,  shall  constitute 
said  commission.  As  soon  as  constituted,  the  commis- 
sion shall  divide  by  lot  into  four  classes  to  hold  office 
for  two,  four,  six  and  eight  years,  respectively.  At  the 
end  of  two  years  and  every  alternate  year  thereafter, 
the  mayor  shall  appoint  two  persons  to  serve  for  a 
term  of  eight  years.  There  shall  always  be  two 
women  on  the  commission. 

Section  126.  The  commission  shall  have  exclu- 
sive control  of  the  public  library,  branches  thereof  and 
reading  rooms,  of  all  money  appropriated  therefor, 
of  all  property  or  money  otherwise  acquired  for  such 
purposes,  of  the  acquisition  by  purchase,  construc- 
tion, or  lease,  of  grounds  and  buildings  for  such  pur- 
poses ;  of  the  administration  of  gifts  and  trusts,  and 


51 

power  to  do  any  and  all  things  necessary  or  expedient 
in  connection  with  library  purposes. 

Section  127.  The  council  shall  annually  appro- 
priate not  less  than  thirty  thousand  dollars  for  the 
maintenance  of  the  public  library. 

Section  128.  The  library  and  its  branches  shall, 
as  far  as  practicable,  be  conducted  upon  the  open  shelf 
system. 

Section  129.  The  North  Side  reading  room  and 
the  South  Platte  library,  when  transferred  to  the  city 
and  county,  shall  be  maintained  as  reading  rooms, 
and  the  commission  shall  establish  such  branch  libra- 
ries, reading  rooms  and  delivery  stations  as  may  be 
expedient. 

Section  130.  The  commission  shall  make  an  an- 
nual report  to  the  mayor,  stating  the  condition  of  its 
trust,  the  various  sums  of  money  received  from  the 
library  fund  and  other  sources,  and  for  what  pur- 
poses such  sums  of  money  have  been  expended;  the 
number  of  books  and  periodicals  on  hand,  the  num- 
ber added  by  purchase  or  gift,  the  number  lost  or 
missing  and  the  general  character  of  such  books,  the 
number  of  visitors,  and  such  other  information  as 
may  be  deemed  of  general  interest. 

AKTICLE  IV. 

JUDICIAL  DEPARTMENT. 
COUNTY  COURT. 

Section  131.  The  county  court  of  the  city  and 
county  shall  consist  of  two  judges,  who  shall  have 
the  qualifications  required  by  the  constitution  and 
general  laws  of  district  judges. 

Section  132.  The  jurisdiction  of  the  county 
court  shall  be  as  prescriljed  for  county  courts  by  the 
constitution  and  general  laws  and  as  prescribed  by 
the  charter. 


52 

Section  133.  Judges  of  the  county  court  shall 
appoint  a  clerk  and  such  deputy  clerks  as  may  be  re- 
quired in  accordance  with  general  law  unless  other- 
wise prescribed  by  ordinance,  and  such  probation 
officers  as  may  be  required  by  general  law.  In  case 
of  any  disagreement  between  the  judges  as  to  the 
appointment  of  the  clerk  as  in  this  section  provided^ 
then  the  judge  who  is  senior  in  point  of  service  as 
such  judge  shall  control  and  make  such  appointment. 
As  to  other  subordinate  officers,  including  probation 
officers,  in  case  of  a  disagreement  the  appointments 
shall  be  divided  as  near  as  practicable  equally  be- 
tween the  judges.  Each  judge  shall  appoint  his 
stenographer,  bailiff  and  division  clerk. 

Section  134.  The  judges  may  sit  en  banc  at  such 
times  as  they  may  determine  for  the  purpose  of  mak- 
ing rules  of  court,  the  appointment  of  the  clerk,  the 
approval  of  the  appointment  of  deputies  other  than 
division  clerks,  the  approval  of  official  bonds  and 
such  like  ministerial  duties,  but  for  no  other  purpose 
whatever;  and  the  court  so  sitting  en  banc  shall  have 
no  power  to  review  any  order,  decision  or  proceeding 
of  the  court  held  by  either  judge  sitting  separately. 

Section  135.  While  sitting  en  banc  one  of  the 
judges  shall  act  as  presiding  judge,  and  at  the  first 
term  the  judge  oldest  in  office  shall  act  as  presiding 
judge;  at  the  next  succeeding  term  the  other  judge 
shall  act,  and  thereafter  they  shall  preside  at  the  sev- 
eral succeeding  terms  alternately  and  in  regular  ro- 
tation, each  during  the  period  from  the  commence- 
ment of  one  term  to  the  commencement  of  the  next 
succeeding  term.  But  the  court  may  at  any  time 
change  the  rule  of  presiding  as  its  convenience  may 
require. 

Section  136.  In  addition  to  the  ordinary  power 
of  making  rules,  such  court  sitting  en  banc  may  make 
all  rules  which  its  peculiar  organization  may  require 
different  from  the  ordinary  course  of  practice  and 
necessary  to  facilitate  the  transaction  of  business  in 


53 

the  courts  held  by  the  judges  sitting  separately,  and 
may  by  rule  provide  for  the  classification,  arrange- 
ment and  distribution  of  the  business  of  the  court  be- 
tween the  judges  thereof,  and  each  shall  attend  to  the 
business  of  the  court  so  assigned,  and  when  not  occu- 
pied by  the  business  assigned  to  him,  shall,  so  far  as 
practicable,  aid  the  other  judge,  to  which  end  cases 
may  be  sent  from  one  judge  to  another,  as  the  judges 
may  agree  and  direct;  Provided,  That  all  rules  for  the 
government  of  the  court  held  by  the  judges  sitting 
separately  shall  be  the  same  for  each  of  the  judges. 

Section  137.  The  clerk  of  said  county  court  shall 
keep  one  record,  in  which  shall  be  recorded  only  the 
proceedings  of  said  court  en  banc.  The  judges  sit- 
ting separately  shall  cause  such  minutes  of  their  pro- 
ceedings to  be  kept  as  may  be  deemed  necessary  or 
expedient;  but  nothing  in  this  act  shall  be  construed 
to  authorize  any  change  in  the  manner  of  keeping 
the  records  of  the  court  in  civil  actions,  such  as  the 
register  of  actions,  the  judgment  book,  the  judg- 
ment docket  and  the  like,  and  there  shall  be  only  one 
set  of  such  books  kept  for  said  court. 

Section  138.  Jurors  may  be  summoned  and  em- 
paneled for  each  of  the  judges  sitting  separately  as 
though  each  were  the  sole  court.  The  court  shall  be 
divided  into  two  divisions,  and  in  the  docketing  of 
cases  all  odd  numbers  shall  belong  to  Division  One, 
and  all  even  numbers  to  Division  Two,  unless  other- 
wise hereafter  by  ordinance  provided. 

Section  139.  At  the  next  city  and  county  elec- 
tion two  judges  shall  be  elected,  one  of  whom  shall  be 
for  the  short  term.  The  judge  elected  for  the  short 
term  shall,  within  thirty  days  after  his  election,  duly 
qualify  and  enter  upon  the  duties  of  his  office,  and 
shall  hold  such  office  until  the  second  Monday  of  Jan- 
uary, 1907,  and  until  his  successor  is  duly  elected  and 
qualified;  and  the  judge  elected  for  the  long  term 
shall  enter  upon  the  duties  of  his  office  on  the  second 
Tuesday  of  January,  1905,  and    hold    office    for    the 


54 

term  of  four  (4)  years,  and  until  his  successor  is  duly 
elected  and  qualified;  and  except  as  otherwise  herein 
provided,  the  judges  of  the  county  court  shall  be 
elected  one  every  two  years  and  each  for  the  term  of 
four  years,  and  said  judges  shall  be  elected  at  the 
same  time  and  manner  as  other  officers  of  the  city 
and  county,  and  at  the  general  city  and  county  elec- 
tion next  preceding  the  expiration  of  the  respective 
terms  of  office  of  the  judges  in  office.  In  case  of  a 
vacancy  occurring,  from  any  cause,  the  mayor,  by 
and  with  the  consent  of  the  board  of  supervisors,  shall 
appoint  a  person,  possessing  the  qualifications  herein 
provided  for  county  judges,  to  act  as  such  judge  until 
his  successor  is  duly  elected  and  qualified,  and  at  the 
general  city  and  county  election  next  following  such 
vacancy  a  judge  shall  be  elected  to  hold  office  until 
the  end  of  the  unexpired  term,  provided  such  vacancy 
occurs  more  than  forty-five  days  before  such  election. 
Section  140.  On  or  before  the  first  day  of  Feb- 
ruary in  each  year,  the  clerk  shall  make  a  report  to 
the  mayor  for  the  preceding  fiscal  year,  giving  the 
following  information  as  to  probate,  juvenile,  civil 
and  criminal  business  of  said  courts,  separately  ar- 
ranged; the  number  of  cases  appealed  to  and  com- 
menced in  said  courts,  the  trial  docket  number  of  all 
cases  appealed  to  and  commenced  in  and  pending  in 
said  courts,  number  of  judgments  rendered,  what  ap- 
peals have  been  taken  therefrom  and  to  what  courts, 
the  amount  of  fees,  costs,  fines,  penalties  and  forfeit- 
ures imposed  and  the  amounts  thereof  collected,  and 
such  other  information  as  the  mayor  or  council  may 
require. 

JUSTICES'  COURTS. 

Section  141.  The  justices'  courts  of  the  city  and 
count}^  shall  consist  of  three  justices  of  the  peace,  and 
no  person  shall  be  eligible  to  said  office  unless  he 
shall  have  been  for  three  years  preceding  his  election 
duly  qualified  to  practice  as  attorney  and  counsellor 
at  law  in  all  the  courts  of  this  state.     Except  as 


55 

herein  otherwise  provided,  the  terms  of  office  of  said 
justices  shall  be  for  two  years. 

Section  142.  The  justices'  courts  shall  have  ex- 
clusive original  jurisdiction  of  all  cases  arising  under 
the  charter  and  the  ordinances,  with  power 
to  carry  the  same  into  effect  by  the  impo- 
sition of  such  fines  and  penalties  as  may  be 
thereby  provided,  and  to  compel  the  attendance  of 
witnesses  and  punish  for  contempt  by  fine  not  to  ex- 
ceed fifteen  dollars.  Said  courts  shall  have  the  same 
jurisdiction  and  possess  all  the  powers,  perform  all 
the  duties  and  be  subject  to  all  the  liabilities  con- 
ferred and  imposed  upon,  and  be  governed  by  the 
same  procedure,  including  appeals  to  the  county  court, 
provided  for  justices  of  the  peace  by  the  constitution 
and  general  laws  of  the  state.  The  said  justices  shall 
each  give  bond,  as  provided  in  the  general  laws  for 
justices  of  the  peace,  which  bond  shall  be  approved 
by  the  mayor.  In  addition  to  the  requirement  of 
such  bond  by  the  general  laws  of  the  state,  the  council 
shall  have  power  to  provide  such  other  conditions  as 
it  may  see  fit. 

Section  143.  The  justices  of  the  peace  aforesaid 
may,  until  otherwise  provided  by  ordinance,  agree 
among  themselves  to  rotate  in  hearing  all  cases  aris- 
ing under  the  ordinances  of  the  city  and  county. 

Section  144.  Until  changed  by  ordinance,  the 
procedure,  including  appeals  to  the  county  court,  pre- 
scribed by  the  act  of  the  legislature  entitled,  "An 
act  to  provide  for  the  creation  and  organization  of 
police  magistrate  courts  in  cities  having  a  population 
of  25,000,  or  more  inhabitants ;  to  prescribe  the  juris- 
diction, powers  and  proceedings  of  such  courts,  and 
to  define  the  duties,  qualifications  and  compensation 
of  the  police  magistrates  and  other  officers  connected 
therewith,  and  to  repeal  certain  acts,"  approved 
March  18,  1885,  and  all  acts  amending  the  same,  shall, 
so  far  as  applicable,  govern  the  justices'  courts. 


56 


CLERKS  OF  JUSTICES'  COURTS. 

Section  145.  Each  justice  shall  appoint  his 
clerk,  and  each  clerk  shall  keep  a  register  of  his  court, 
the  actions  in,  and  record  of  the  proceedings  of  each 
case,  including  all  fees  and  money  collected,  a  direct 
and  inverse  index  thereof,  and  prepare  a  docket  for 
his  court,  in  which  the  judgments  in  each  case  shall 
be  noted  by  the  justice  thereof.  .The  said  clerks  shall 
have  power  to  administer  oaths  and  affirmations, 
which  they  shall  do  when  requested  in  all  matters  in 
their  respective  courts;  and  shall  issue  all  writs  in 
cases  brought  for  violation  of  ordinances,  collect  all 
fees,  fines,  penalties  and  costs;  and  when  requested 
by  litigants  or  parties,  shall  prepare  all  writs  and 
other  papers  pertaining  to  the  business  of  their  re- 
spective courts.  Said  clerks  shall  each  give  a  bond 
to  the  city  and  county,  conditioned  for  the  faithful 
performance  of  his  duties  and  the  paying  over  of  all 
moneys,  fees,  fines  and  penalties  received  by  him,  to- 
gether with  such  other  conditions  as  may  be  pre- 
scribed by  ordinance.  The  form  of  the  bond  of  said 
clerks  may  be  as  prescribed  hj  ordinance,  shall  be  ap- 
proved by  the  maj^or;  and  the  penalty  of  such  bond 
shall  be  three  thousand  dollars  (|3,Oo6.00). 

Section  146.  On  or  before  the  first  day  of  Feb- 
ruary of  each  year  each  clerk  shall  make  a  report  to 
the  mayor  for  the  preceding  fiscal  year,  showing  the 
title  and  docket  number  of  all  cases  commenced  and 
pending,  with  the  amount  of  fees,  costs,  fines,  pen- 
alties and  forfeitures,  the  amount  thereof  paid, 
whether  the  defendant  has  been  committed  to  jail  for 
default  in  the  payment  thereof,  the  names  of  all  de- 
fendants appealing  and  the  names  of  all  defendants 
pardoned  by  the  ma^^or. 

Said  clerks  shall  also  perform  such  additional 
duties  and  be  subject  to  such  additional  liabilities  as 
may  be  imposed  by  ordinance. 


57 


CONSTABLES. 


Section  147.  There  shall  be  elected  by  the  city 
and  county  as  herein  provided,  three  constables,  and 
except  as  herein  otherwise  provided,  they  shall  hold 
their  terms  of  office  for  two  (2)  years.  Such  con- 
stables shall  perform  all  the  duties  and  be  subject  to 
all  the  liabilities  provided  for  constables  by  the  con- 
stitution and  general  laws  of  the  state,  and  shall  also 
perform  such  additional  duties  and  be  subject  to  such 
additional  liabilities  as  may  be  imposed  by  ordinance. 

Before  entering  upon  the  performance  of  their 
duties,  the  said  constables  shall  each  give  a  bond  for 
the  faithful  performance  of  his  duties,  as  is  provided 
for  constables  by  the  general  laws  of  the  state,  which 
bond  shall  be  approved  by  the  mayor.  The  council 
shall  have  power  by  ordinance  to  prescribe  such  addi- 
tional forms  for,  and  conditions  in,  said  bond  as  it 
deems  proper. 

Section  148.  The  council  shall  have  power,  by 
ordinance,  to  provide  for  such  deputy  constables  as 
may  be  necessary,  not  to  exceed  three  in  number. 

ARTICLE  V. 

OFFICERS   AND   SALARIES. 

Section  149.  Except  as  herein  otherwise  pro- 
vided, when  elected,  officers  must  be  not  less  than 
twenty-five  years  old,  and  citizens  of  the  United  States 
for  five  years,  and  all  officers,  in  addition  to  other 
qualifications  required,  must  be  electors  of  the  city 
and  county. 

Section  150.  Except  as  otherwise  provided, 
boards,  commissions  and  heads  of  departments  shall 
be  appointed  by  the  mayor,  and  shall  possess  the  same 
qualifications  required  of  elective  officers  by  the  pre- 
ceding section,  and  hold  office  during  his  pleasure. 

Section  151.  Before  entering  upon  the  duties  of 
his  office,  every  officer  elected  or  appointed  shall  take 
and  subscribe  before  a  judge  of  a  court  of  record,  and 


58 

file  with  the  clerk  of  the  city  and  county,  an  oath 
or  aflflrmation  that  he  will  support  the  constitution  of 
the  United  States  and  of  the  state  of  Colorado,  the 
charter  and  ordinances  of  the  city  and  county,  and 
will  faithfully  perform  the  duties  of  the  office  upon 
which  he  is  about  to  enter. 

Section  152.  The  following  named  officers  shall 
each  give  an  official  bond,  with  good  and  sufficient 
surety,  to  be  approved  by  the  mayor,  conditioned 
among  other  things  for  the  faithful  performance  of 
each  and  all  of  the  duties  of  their  respective  offices, 
without  fraud,  deceit  or  oppression,  and  the  account- 
ing for  all  moneys  and  property  coming  into  their 
hands  and  the  prompt  and  faithful  payment  of  all 
moneys,  and  the  delivering  up  of  all  property  coming 
into  their  custody,  to  their  successors  in  office,  pos- 
session or  control  belonging  to  the  city  and  county. 

The  penalties  in  the  bonds  required  by  this  sec- 
tion shall  be  as  follows :  For  auditor,  engineer,  com- 
missioner of  supplies,  building  inspector,  assessor, 
sheriff,  clerk  of  county  court,  each  county  judge,  ten 
thousand  dollars ;  clerk,  recorder,  each  member  of  the 
fire  and  police  board,  each  member  of  the  board  of 
public  works,  five  thousand  dollars;  coroner,  two  thou- 
sand dollars;  county  superintendent  of  schools,  one 
thousand  dollars.  The  council  shall  have  power  by 
ordinance  to  impose  additional  conditions  in  said 
bonds,  or  to  change  the  amount  of  the  penalties ;  Pro- 
vided, however,  That  the  amount  of  the  penalty  in 
each  bond  shall  not  be  less  than  in  this  section  pro- 
vided. Except  as  otherwise  herein  provided,  official 
bonds  shall  be  given  by  such  other  officers  and  em- 
ployes, in  such  amounts  and  so  conditioned,  as  may 
be  provided  by  law  or  by  ordinance;  and  until  so  pro- 
vided, such  official  bonds  shall  be  so  conditioned,  and 
in  such  amounts  as  the  mayor,  auditor  and  treasurer 
may  require. 

Section  153.  The  following  annual  salaries  shall 
be  paid  to  officers  named  in  the  various  departments : 


59 

Mayor,  six  thousand  dollars;  attorney,  assessor,  each 
county  judge,  auditor,  treasurer,  sheriff,  engineer, 
four  thousand  six  hundred  dollars;  president  of  the 
board  of  public  works,  commissioner  of  health,  four 
thousand  dollars;  recorder,  three  thousand  six  hun- 
dred dollars;  clerk,  commissioner  of  highways,  com- 
missioner of  excise,  clerk  of  the  county  court,  chief 
of  police,  chief  of  the  fire  department,  commissioner 
of  supplies,  three  thousand  dollars;  under  sheriff, 
first  assistant  attorney,  electrician,  building  inspec- 
tor, commissioner  of  police,  commissioner  of  fire,  two 
thousand  five  hundred  dollars;  each  justice  of  the 
peace,  and  each  county  court  stenographer,  two  thou- 
sand dollars;  second  assistant  attorney,  boiler  and 
elevator  inspector,  superintendent  of  street  sprink- 
ling, eighteen  hundred  dollars;  each  constable,  third 
assistant  attorney,  president  of  the  board  of  super- 
visors, fifteen  hundred  dollars;  each  clerk  of  justice 
of  the  peace,  each  deputy  constable,  attorney's  sten- 
ographer, each  supervisor,  president  of  the  board  of 
aldermen,  market  master,  twelve  hundred  dollars; 
each  alderman,  each  election  commissioner,  one  thou- 
sand dollars;  coroner,  county  superintendent  of 
schools,  nine  hundred  dollars. 

The  members  of  the  police  department  shall  each 
receive  the  following  annual  salary:  Captajn  of 
detectives,  eighteen  hundred  dollars;  police  captains, 
fifteen  hundred  dollars;  police  and  desk  sergeants, 
roundsman  with  rank  of  sergeant,  custodian  of 
stolen  goods,  twelve  hundred  and  sixty  dol- 
lars ;  detectives,  police .  surgeons,  twelve  hun- 
dred dollars;  jailors,  eleven  hundred  forty  dol- 
lars; patrolmen,  ambulance  drivers,  patrol  wagon 
drivers,  police  operators,  ten  hundred  twenty  dollars. 
The  number  of  patrolmen  shall  not  be  less  than  one 
hundred  and  twenty-five  nor  shall  there  be  more  pa- 
trolmen at  any  time  than  one  for  every  one  thousand 
population  as  shown  by  the  last  preceding  United 


60 

States  census.  The  members  of  the  fire  department 
shall  each  receive  the  following  annual  salary:  As- 
sistant chiefs,  chief's  secretary,  fifteen  hundred  dol- 
lars ;  captains,  twelve  hundred  dollars ;  engineers,  ma- 
chinists, eleven  hundred  forty  dollars;  lieutenants, 
ten  hundred  eighty  dollars;  assistant  engineers,  ten 
hundred  fifty  dollars;  hosemen,  laddermen,  drivers, 
operators,  fire  wardens,  assistant  machinists,  ten 
hundred  twenty  dollars. 

All  persons  in  the  employ  of  the  city  and  county, 
or  any  of  the  departments  thereof,  whose  salary  or 
compensation  is  not  fixed  by  this  charter,  are  hereby 
declared  to  be  employes,  and  except  as  herein  other- 
wise provided  the  council  shall,  by  ordinance,  pro- 
vide for  their  compensation  and  for  the  terms,  con- 
ditions and  duties  of  their  respective  employment; 
and  until  such  compensation  has  been  fixed  by  ordi- 
nance, as  aforesaid,  the  same  shall  remain  as  now  pro- 
vided by  the  general  statutes  or  the  ordinances. 

Section  154.  Heads  of  all  departments,  boards 
and  commissions  shall,  within  their  respective  appro- 
priations, employ  such  other  assistants  as  may  be 
needed,  and  pay  such  reasonable  salaries  as  they  may 
determine. 

Section  155.  All  ofilicers,  boards  and  commis- 
sions in  addition  to  their  specified  duties,  shall  render 
such  other  service  as  may  be  required  by  ordinance. 
All  boards  and  commissions  shall  keep  a  record  of 
their  proceedings,  their  meetings,  and  all  their  olficial 
documents,  and  records  shall  be  public. 

Section  156.  Except  as  otherwise  herein  pro- 
vided, the  officers  who  shall  respectively  perform  the 
acts  and  duties  required  of  county  officers  to  be  done 
by  the  constitution  and  the  general  laws,  in  all  cases 
not  specifically  provided  for,  so  far  as  applicable, 
shall  be  as  follows :  The  county  judges  shall  perform 
the  acts  and  duties  required  of  county  judges;  jus- 
tices of  the  peace,  the  acts  and  duties  required  of 
justices  of  the  peace;  constables  and  deputy  consta- 


61 

bles,  the  acts  and  duties  required  of  constables;  the 
engineer,  the  acts  and  duties  required  of  county  sur- 
veyor; the  board  of  supervisors,  the  acts  and  duties 
required  of  boards  of  county  commissioners;  the 
board  of  supervisors  shall  act  as  a  board  of  equal- 
ization and  perform  the  acts  and  duties  required  of 
a  board  of  county  commissioners  when  sitting  as  a 
board  of  equalization;  the  assessor,  the  acts  and  du- 
ties required  of  county  assessor;  the  treasurer,  the 
acts  and  duties  of  a  county  treasurer;  the  sheriff, 
the  acts  and  duties  required  of  sheriff;  under-sheriffs, 
the  acts  and  duties  required  of  under-sheriffs;  dep- 
uty sheriffs,  the  acts  and  duties  required  of  deputy 
sheriffs;  recorder,  the  acts  and  duties  required  of 
county  clerk  as  ex-officio  recorder;  the  coroner,  the 
acts  and  duties  required  of  coroner;  the  election  com- 
mission, the  acts  and  duties  required  of  a  board  of 
county  commissioners,  county  clerks  and  justices  of 
the  peace  in  all  matters  pertaining  to  registration  and 
elections. 

In  case  no  officer  has  been  specially  mentioned  to 
perform  the  duties  of  any  county  officer,  or  in  case 
any  new  county  office  is  created,  then  such  office  shall 
be  filled  by  appointment  by  the  mayor,  who  shall  ap- 
point thereto  some  official  of  the  city  and  county, 
who  shall  thereafter  perform  the  acts  and  duties  re- 
quired by  the  constitution  or  by  the  general  laws  to 
be  done  by  such  county  officer. 

Section  157.  The  mayor,  members  of  the  coun- 
cil and  all  members  of  the  fire  and  police  board,  are 
hereby  made  conservators  of  the  peace  and  are  au- 
thorized to  make  arrests,  either  with  or  without  pro- 
cess, of  any  offender  against  the  laws  of  the  state  or 
the  ordinances  of  the  city  and  county,  and  with  all 
the  powers  herein  conferred  upon  the  chief  of  police. 

Section  158.  The  health  commissioner  and  all 
health  inspectors,  and  such  persons  as  are  detailed  to 
have  charge  of  the  city  and  county  dumps,  in  the  line 
of  their  respective  duties,  shall  have  the  sam6  powers 
as  policemen. 


62 

Section  159.  All  fees  and  compensation  of  any 
kind  allowed  to  county  officers  by  law  shall  be  col- 
lected by  the  officers  designated  to  perform  the  acts 
and  duties  required  of  county  officers  and  paid  to  the 
treasurer  as  in  the  charter  provided,  and  no  officer 
shall  be  paid  any  fee  or  compensation  beyond  that 
fixed  by  the  charter. 

Section  160.  Officers  shall  deliver  all  books,  rec- 
ords and  property  belonging  to  the  city  and  county 
to  their  successors  in  office,  who  shall  give  duplicate 
receipts  therefor,  one  of  which  shall  be  filed  with  the 
auditor. 

Section  161.  Every  appointive  officer  and  em- 
ploye under  the  city  and  county  government  shall  be 
required  to  pay,  with  reasonable  promptness,  his 
debts  and  liabilities  incurred  after  his  employment 
for  all  family  necessities,  including  the  ordinary  nec- 
essary expenses  of  daily  life;  and  if  any  such  officer 
or  employe  shall  fail  or  refuse  so  to  do,  after  reason- 
able notice  from  the  head  of  his  department,  every 
such  officer  or  employe  so  in  default  shall  be  removed 
and  dismissed  from  the  public  service. 

Section  162.  All  members  of  the  police  and  fire 
department  shall  be  entitled  to  and  shall  receive  full 
pay  for  such  time  as  they  may  be  temporarily  in- 
capacitated from  service,  on  account  of  injuries  re- 
ceived or  sickness  contracted  while  in  the  perform- 
ance of  their  duties  as  members  of  said  department, 
said  allowance  or  pay  to  be  approved  by  the  chief  of 
said  department  and  the  proper  examining  physician, 
they  shall  also  be  entitled  to  a  vacation  of  fifteen  days 
each  year  with  full  pay  during  such  time. 

IMPEACHMENT  AND  REMOVAL   FROM   OFFICE. 

Section  163.  The  mayor  may  present  to  the 
board  of  aldermen  charges  for  impeachment  against 
any  elective  officer,  and  said  board,  by  a  three-fourths 
vote,  may  prefer  articles  of  impeachment  against  such 
elective  officer.     The  board  of  aldermen,  bv  a  three- 


63 

fourths  vote,  may  prefer  articles  of  impeachment 
against  the  mayor  or  any  other  elective  officer. 

Section  16:1.  All  impeachments,  except  against 
members  of  the  board  of  supervisors,  shall  be  tried 
b}^  the  board  of  supervisors,  and  at  such  trial  one  of 
the  judges  of  the  county  court  shall  preside  and  de- 
termine all  questions  of  \si\Y.  All  questions  of  fact 
shall  be  determined  by  the  board  of  supervisors,  but 
said  county  judge  shall  not  have  a  vote  in  determining 
any  question  of  fact.  The  board  of  supervisors  shall 
determine  the  guilt  or  innocence  of  the  accused,  but 
there  shall  be  no  conviction  upon  the  charges  set  forth 
in  the  articles  of  impeachment  unless  five  of  the  mem- 
bers of  the  board  of  supervisors  vote  for  such  convic- 
tion, in  which  case  their  decision  shall  be  final. 

All  impeachments  against  members  of  the  board 
of  supervisors  shall  be  tried  by  the  county  court.  All 
questions  of  fact  in  any  such  impeachment  case  shall 
be  determined  by  a  jury  of  twelve  free  holders,  and 
the  decision  of  the  court  shall  be  final. 

The  attorney  shall  prosecute  articles  of  impeach- 
ment, but  the  board  of  supervisors  shall  have  power 
to  employ  other  or  additional  counsel. 

Section  165.  Elective  officers  may  be  impeached 
only  for  high  crimes,  malfeasance,  or  corrupt  prac- 
tices in  office,  but  judgment  in  such  case  shall  only  ex- 
tend to  removal  from  office  and  disqualification  to 
hold  any  office  of  honor,  trust  or  profit  in  the  city  and 
county.  Such  officers,  whether  acquitted  or  convicted, 
shall,  nevertheless,  be  liable  to  prosecution,  trial,  judg- 
ment and  punishment  according  to  law. 

ARTICLE  VI. 

ELECTIONS. 

Section  166.  A  general  city  and  county  election 
shall  be  held  in  the  various  precincts  in  the  city  and 
county  of  Denver  on  the  third  Tuesday  in  May,  A.  D. 
1904,  and  every  two  years  thereafter,  by  the  qualified 
electors  thereof. 


64 

Section  167.  At  the  first  city  and  county  elec- 
tion there  shall  be  elected  a  mayor,  sheriff,  auditor, 
assessor,  treasurer,  clerk,  recorder,  coroner,  county 
superintendent  of  schools,  two  judges  of  the  county 
court,  sixteen  aldermen,  seven  supervisors,  three  jus- 
tices of  the  peace,  three  constables. 

Section  168.  The  term  of  all  elective  officers,  ex- 
cept as  otherwise  provided  herein,  shall  commence  on 
the  first  secular  day  of  June  following  their  election, 
and,  except  as  otherwise  provided  herein,  shall  be  four 
years  and  until  their  successors  are  elected  and  quali- 
fied. 

ELECTION    COMMISSION. 

Section  169.  A  temporary  election  commission 
is  hereby  created,  and  B^rancis  P.  Graves,  Edward  C. 
Soetje  and  Harry  C.  Riddle  are  hereby  named  to  serve 
as  commissioners  thereof  until  their  successors,  who 
shall  be  elected  at  the  election  to  be  held  hereunder 
in  May,  A.  D.  1906,  qualify. 

Section  170.  At  the  second  general  city  and 
county  election  held  hereunder  for  the  election  of 
officers,  there  shall  be  elected  three  persons  possessing 
the  qualifications  herein  mentioned,  who  shall  consti- 
tute an  election  commission. 

Section  171.  At  the  time  of  his  election  or  ap- 
pointment, each  commissioner  shall  be  at  least 
twenty-five  years  of  age,  a  duly  qualified  elector  and 
tax  payer  in  and  for  the  city  and  county-,  and  have 
been  a  citizen  of  the  United  States  for  at  least  five 
years. 

Section  172.  Persons  possessing  the  qualifica- 
tions herein  mentioned  may  be  nominated  for  the  of- 
fice of  election  commissioner  in  the  same  manner  as 
is  prescribed  by  general  law  for  the  nomination  of 
candidates  for  other  city  and  county  offices ;  Provided, 
hoicever,  the  same  person  shall  not  be  placed  as  a  can- 
didate upon  more  than  one  ticket,  nor  shall  there  be 
more  than  two  candidates  for  the  said  office  upon  any 


65 

one  ticket.  The  three  persons  receiving  the  greatest 
number  of  votes  shall  he  the  election  commissioners. 

Section  173.  Should  the  office  of  any  election 
commissioner  become  vacant,  the  mayor  shall  forth- 
with fill  such  vacancy  by  appointing  to  said  office 
such  person  as  shall  be  nominated  by  the  chairman 
representing  the  political  party,  or  the  person  repre- 
senting the  ticket,  of  which  the  commissioner  whose 
office  becomes  vacant  was  at  the  time  of  his  election 
or  appointment  a  representative. 

Section  174.  Each  member  of  said  commission 
shall  have  the  right  and  poAver,  and  it  shall  be  his 
duty,  to  appoint  annually  one  of  the  three  election 
judges  in  each  precinct ;  Provided,  liowever,  that  one 
of  the  said  judges  shall  be  of  different  political  faith 
from  either  of  the  other  two;  all  of  whom  shall  be 
qualified  electors  of  the  precinct. 

The  judges  of  election  in  each  precinct,  to  be  ap- 
pointed as  aforesaid,  shall  be  over  the  age  of 
twenty-five  (25)  years,  and  said  judges  of  each 
election  precinct  shall  appoint  two  clerks  for  each 
election,  but  such  clerks  shall  not  both  be  of  the 
same  political  faith.  The  conduct,  management 
and  control  of  the  registration  of  voters,  and 
of  the  holding  of  elections,  canvassing  the  re- 
turns thereof  and  issuing  certificates  of  election, 
and  of  all  other  matters  pertaining  to  elections 
in  the  city  and  county,  shall  be  vested  exclusively  in 
and  exercised  by  the  election  commission,  which  shall 
perform  all  the  duties,  joint,  several  or  otherwise  of 
city  and  county  officers  or  employes  required  to  be 
done  by  the  constitution  or  by  geperal  law  in  relation 
thereto,  and  the  action  of  the  commission  on  all  ques- 
tions passed  upon  by  it  shall  be  final;  Provided,  hoiv- 
ever,  at  the  first  election  hereunder  the  said  tempo- 
rary commission  may  use  as  its  registration  of 
voters  the  permanent  registration  prepared  by  the 
clerk,  who  shall  deliver  to  said  election  com- 
mission such  permanent  registration  records,  ballot 


•  66 

boxes,  registration  and  election  blanks  and  station- 
ery in  his  custody  not  later  than  twenty  days  after 
the  day  of  election  for  the  charter,  in  case  the  same 
shall  be  adopted. 

Section  175.  The  temporary  election  commis- 
sion named  herein  shall  have  full  power  to  make  and 
enforce  rules  for  the  management  and  conduct  of 
primary  elections  and  shall  upon  written  request  of 
either  side  of  any  controversy  growing  out  of  pri- 
mary elections  hear  and  determine  such  controversy. 

Section  176.  The  election  commission  shall  meet 
within  five  days  after  every  election  and  canvass  the 
returns  thereof,  and  forthwith  issue  a  certificate  of 
election  to  the  persons  entitled  thereto.  All  meet- 
ings of  the  election  commission  shall  be  open  to  the 
public. 

Section  177.  If  the  election  of  any  ofiicer  or  offi- 
cers shall  fail,  in  consequence  of  a  tie  vote  between 
two  or  more  persons  for  the  same  office,  the  election 
commission  shall  cast  lots  among  those  persons  hav- 
ing a  tie  vote,  in  such  manner  as  they  shall  first  pre- 
scribe by  resolution,  and  the  person  who  shall  be  suc- 
cessful according  to  the  terms  of  such  resolution,  in 
the  casting  of  such  lots,  shall  be  declared  elected. 

Section  178.  The  general  law  concerning  elec- 
tions, including  that  in  relation  to  the  qualification 
of  electors,  registration  of  voters,  the  nomination  of 
candidates,  calling  and  conduct  of  elections,  the  form 
of  ballots  therefor,  canvassing  of  the  returns  thereof, 
issuing  of  certificates  of  election  and  the  punishment 
of  election  frauds  and  offenses,  shall  be  in  full  force 
and  effect  in  the  city  and  county,  except  as  otherwise 
provided  herein. 

Section  179.  At  any  election  at  which  any  meas- 
ure, charter  amendment,  proposal  for  a  charter  con- 
vention or  ordinance,  shall  be  submitted  to  a  vote  of 
the  qualified  electors,  the  official  ballot  shall,  by 
proper  words  to  be  provided  by  ordinance,  show  the 
nature  of  the  measure,  charter  amendment,  proposal 


67 


for  a  charter  convention  or  ordinance,  to  be  voted 
upon,  and  shall  give  to  each  voter  the  right  to  place  a 
cross  mark  upon  his  ballot  showing  clearlj-  his  in- 
tention to  vote  for  or  against  said  measure,  charter 
amendment,  proposal  for  a  charter  convention  or  ordi- 
nance, and  in  case  any  separate  or  alternative  propo- 
sition or  propositions  be  submitted,  the  ballot  shall 
be  prepared  so  as  to  enable  the  voter  to  express  his 
intention  in  regard  to  each  proposition. 

Section  180.  In  case  any  officer  of  the  city  and 
county  shall  become  ineligible  during  his  term  of 
office,  his  office  shall  thereby  become  vacant. 

Section  181.  No  officer  or  employe  of  the  city 
and  county  shall  be  interested,  directly  or  indirectly, 
in  any  contract  with  the  city  and  county,  or  be  in  the 
employ  of  any  person  having  any  contract  with  the 
city  and  county. 

Section  182.  All  cases  of  contested  elections 
shall  be  tried  under  the  procedure  prescribed  by  gen- 
eral law  by  the  county  court,  except  a  contest  for  the 
office  of  county  judge,  which  shall  be  tried  as  pre- 
scribed by  general  law,  and  except  as  otherwise  pro- 
vided herein. 

Section  183.  The  council  shall  immediately  up- 
on the  adoption  of  this  charter  provide  the  election 
commission  with  suitable  offices  and  supplies,  and 
said  commission  is  hereby  authorized  within  its  ap- 
propriation to  employ  such  assistants  at  the  expense 
of  the  city  and  county  as  may  be  necessary  to  enable 
it  to  fulfill  its  duties. 

Section  184.  The  officers  and  employes  of  the 
city  and  county  at  the  time  of  the  adoption  of  this 
charter  shall  continue  in  office  and  perform  the  acts 
and  duties  of  their  respective  positions  until  the  elec- 
tion or  appointment  of  their  successors  or  of  the  of- 
ficers who  are  to  perform  their  respective  duties  as 
herein  provided,  and  except  as  herein  provided  con- 
cerning the  election  and  civil  service  commissions,  the 
powers  and  duties  to  be  exercised  or  performed  by  the 


68 

officers  or  employes  provided  by  this  charter  shall  not 
become  effective  until  the  officers  elected  at  the  first 
municipal  election  hereunder  shall  have  qualified. 

ARTICLE  VII. 

CIVIL  SERVICE. 

Section  185.  There  is  hereby  created  a  civil 
service  commission,  composed  of  Daniel  B.  Carey, 
J.  Frank  Adams  and  Frederick  J.  Chamberlin,  who 
shall  serve  two  years  from  and  after  the  adoption 
of  this  charter.  As  successors  of  said  commis- 
sioners the  mayor  shall  there'after  appoint  three 
persons  of  known  devotion  to  civil  service  reform  as 
civil  service  commissioners,  to  serve,  one  for  six  years, 
one  for  four  years  and  one  for  two  years  from  the  date 
of  their  appointment,  and  until  their  respective  suc- 
cessors are  appointed  and  qualified,  and  every  alter- 
nate year  thereafter,  the  mayor  shall  appoint  one  per- 
son as  the  successor  of  that  commissioner  whose  term 
shall  expire  in  that  year,  to  serve  for  the  term  of  six 
years  from  the  date  of  his  appointment  and  until  his 
successor  is  appointed  and  qualified.  Any  vacancy 
occurring  in  the  office  of  commissioner  shall  be  filled 
for  the  unexpired  term  by  appointment  as  above  pro- 
vided. All  appointments,  both  original  and  to  fill 
vacancies,  shall  be  so  made  that  not  more  than  two 
commissioners  shall  at  the  time  of  appointment  be  ad- 
herents of  the  same  political  party. 

The  mayor  may  remove  any  commissioner  ap- 
pointed under  this  act  for  incompetency,  inefficiency, 
neglect  or  violation  of  the  provisions  of  this  act,  or  of 
the  rules  and  regulations  in  force  hereunder,  or  any 
of  them,  or  for  any  other  cause  which  renders  him  un- 
fit for  the  position,  after  first  specifying  in  writing 
the  particulars  of  the  incompetency,  inefficiency,  neg- 
lect of  duty  or  violation,  or  any  other  cause  charged, 
and  giving  said  commissioner  an  opportunity  to  make 
a.  personal  explanation  and  be  heard  in  self-defense. 


69 

Section  186.  The  commissioners  shall  serve  with- 
out compensation,  but  shall  be  paid  their  necessary 
expenses  actually  incurred  in  the  discharge  of  their 
oiBficial  duties. 

Section  i87.  The  commission  may  employ  a  sec- 
retary, who  shall  be  paid  a  salary  of  twelve  hundred 
dollars  a  jea.r,  and  an  examiner  for  temporary  service, 
at  a  salary  of  not  exceeding  five  dollars  per  day. 

Section  188.  The  commission  shall  control  all 
examinations,  and  may,  whenever  an  examination  is 
to  take  place,  designate  a  suitable  number  of  persons, 
either  in  or  not  in  the  official  service  of  the  city  or 
county,  to  be  examiners  or  assistants  at  said  examina- 
tion, and  if  in  the  official  service,  it  shall  be  a  part  of 
their  official  duty,  without  extra  compensation,  to 
conduct  such  examinations  as  the  commission  may 
direct,  and  to  make  return  and  report  thereof  to  the 
commission,  which  may  at  any  time  substitute  any 
other  person,  whether  in  or  not  in  such  service,  in 
the  place  of  any  one  so  selected.  The  commissioners 
may  themselves  act  as  such  examiners,  and  all  officers 
of  the  city  or  county  shall  assist  them  in  every  proper 
way  in  carrying  out  the  provisions  of  this  act. 

Section  189.  The  commission  shall  have  power 
to  make  and  enforce  rules,  which  rules  shall  be 
printed  for  distribution,  and  a  copy  sent  to  each  offi- 
cer, board  and  commission  having  the  right  to  em- 
ploy any  person  in  the  classified  service.  No  rule 
shall  become  effective  until  ten  days  after  pub- 
lication in  the  official  newspaper. 

Section  190.  The  rules  shall  provide  for  a  class- 
ification of  all  employments  in  the  public  service, 
as  specified  herein,  other  than  day  laborers  and  un- 
skilled workmen;  open  and  competitive  examinations 
as  to  fitness;  an  eligible  list  from  which  vacancies 
shall  be  filled;  a  period  of  probation  before  employ- 
ment is  made  permanent;  promotion  on  basis  of 
merit,  experience  and  record. 


70 

Section  191.  The  commission  shall  investigate 
all  breaches  of  this  article,  and  may  compel  the  at- 
tendance and  testimony  of  witnesses,  and  the  produc- 
tion of  books  and  papers. 

Section  192.  The  classified  service  within  the 
civil  service  regulations  shall  include  only  the  police 
and  firemen  and  other  officers  and  employes  of  the 
department  of  fire  and  police  and  the  officers  and 
employes  of  the  department  of  publiq  utilities  and 
works,  excepting,  however,  from  said  regulations  the 
chief  of  police,  engineer,  commissioner  of  highways, 
chief  inspector  of  the  board  of  public  works  and  mem- 
bers of  the  boards  of  fire  and  police  and  public  works, 
and  one  employe  under  each  of  said  boards,  who  shall 
be  the  secretary  thereof;  Provided,  that  after  the  ex- 
piration of  four  years  from  the  adoption  of  this  char- 
ter the  council  may,  by  ordinance^  extend  the  civil 
service  provisions  to  any  or  all  other  departments. 

Section  193.  Applicants  for  appointment  shall 
be  citizens  of  the  United  States,  and  have  resided  in 
the  city  and  county  for  one  year  next  preceding  the 
date  of  their  application,  but  these  restrictions  shall 
not  apply  to  positions  in  which  special,  expert  or 
technical  knowledge  is  required.  Applicants  shall 
not  use  intoxicating  beverages  to  excess.  Every  appli- 
cation must  be  supported  by  certificates  of  good  moral 
character,  and  physical  and  mental  capacity. 

Section  194.  All  examinations  shall  be  impar- 
tial, and  relate  only  to  matters  which  will  test  the 
fitness  of  the  persons  examined  for  the  service  they 
wish  to  enter.  No  question  shall  relate  to  political 
or  religious  opinions  or  affiliations,  and  no  appoint- 
ment shall  be  in  any  manner  affected  by  such  opinions 
or  affiliations.  Notice  of  the  time,  place  and  scope 
of  examinations  shall  be  given  by  publication  in  the 
official  newspaper. 

Section  195.  No  person  shall  be  certified  for 
appointment  whose  standing  shall  be  less  than  65  per 
cent,  of  complete  proficiency;  Provided,  that  prefer- 


71 

ence  shall  be  given  to  persons  honorably  discharged 
from  the  military  or  naval  service  of  the  United 
States,  who  served  prior  to  January  1,  1866,  and 
whose  qualifications  are  otherwise  equal. 

Section  196.  Those  examined  shall  be  graded  ac- 
cording to  their  examination,  and  their  grades  shall 
be  entered  on  a  register.  Such  names  shall  remain  on 
the  register  at  least  one  year,  but  in  no  event  more 
than  two  years  without  further  examination. 

Section  197.  When  a  position  is  to  be  filled  in 
the  classified  service,  the  appointing  power  shall  make 
requisition  upon  the  commission  for  the  name  of  an 
eligible  person,  specifying  the  nature  of  the  position 
to  be  filled,  and  upon  receipt  of  such  requisition,  the 
commission  shall  certify  the  names  of  three  appli- 
cants, if  there  be  so  many,  having  the  highest  per- 
centage, one  of  whom  shall  be  appointed.  In  case  the 
requisition  shall  designate  sex,  only  that  sex  shall 
be  certified ;  otherwise  sex  shall  be  disregarded.  If  it 
be  shown  that  all  the  persons  certified  are  unsuitable 
for  the  position  to  be  filled,  the  commission  shall  cer- 
tify an  additional  name,  but  in  such  case,  the  reason 
shall  be  stated  in  the  certification. 

Section  198.  In  cases  where  the  commission  is 
unable  to  comply  with  the  requisition  from  the  eligible 
list,  it  may  allow  a  provisional  appointment,  or  it 
may  authorize  the  appointing  power  to  select  a  suit- 
able person  who  shall  be  subject  to  examination,  and 
if  found  qualified,  certified  for  appointment. 

Section  199.  The  commission  shall  provide  for 
promotion  in  the  classified  service  on  the  basis  of 
ascertained  merit  and  seniority  in  service  and  stand- 
ing upon  examination,  and  shall  provide,  in  all  cases, 
that  vacancies  shall  be  filled  by  promotion.  All  ex- 
aminations for  promotion  shall  be  competitive  among 
such  members  of  each  department,  as  desire  to 
submit  themselves  to  examination.  The  commission 
shall  submit  to  the  appointing  power  the  names  of 
not  more  than  three  applicants  having  the  highest 


rating  for  each  promotion.  The  method  of  examining, 
the  rules  governing  the  same,  and  the  method  of  cer- 
tifying shall  be  the  same,  as  near  as  may  be,  as 
provided  for  applicants  for  original  appointments. 
xVnj  increase  in  salary  shall  be  considered  a  promo- 
tion. 

Section  200.  Every  original  appointment  in  the 
classified  service  shall  l3e  for  six  months,  at  the  end 
of  which  time,  if  the  conduct  and  capacity  of  the  per- 
son appointed  have  been  satisfactory,  he  shall  be  per- 
manently appointed ;  otherwise  he  shall  be  out  of  the 
service. 

Section  201.  When  the  force  in  any  department 
is  reduced,  the  person  last  certified  to  such  depart- 
ment for  employment,  shall  be  first  laid  off ;  and  when 
the  force  in  such  department  is  increased  persons  sus- 
pended shall  be  reinstated  in  the  order  of  their  orig- 
inal certification. 

Section  202.  Appointments  for  temporary  serv- 
ice shall  be  made  in  accordance  with  the  provisions 
of  this  article,  except  in  case  of  emergency.  In  no  case 
shall  an  emergency  appointment  continue  for  more 
than  sixty  days,  and  no  reappointment  or  employment 
to  the  same  position  at  the  end  of  such  period  shall 
be  allowed.  In  every  such  case,  the  official  making  the 
appointment  shall  report  the  same  to  the  commission 
within  three  days,  with  the  reason  therefor,  and  the 
time  for  which  the  emergency  appointment  is  nec- 
essary-. 

Section  203.  Transfers  within  the  classified  serv- 
ice may  be  made  from  one  department  to  a  similar 
position  in  another,  without  examination. 

Section  204.  All  persons,  at  the  time  of  the 
adoption  of  this  charter,  occupying  positions  affected 
by  the  provisions  of  this  article,  shall  retain  their  po- 
sitions until  discharged,  under  the  provisions  hereof. 
Discharges  from  the  classified  service,  or  reductions 
in  grade  or  compensation  or  both,  may  be  made  for 
any  cause,  not  political  or  religious,  which  will  pro- 


mote  the  efficiency  of  the  service;  but  only  on  written 
specification  b}-  the  authority  making  the  discharge 
or  reduction ;  and  the  person  sought  to  be  discharged 
or  reduced  shall  have  notice,  a  copy  of  the  specifica- 
tions, and  be  allowed  reasonable  time  for  answering 
the  same  in  writing.  A  copy  of  the  specifications, 
notice,  answer  and  the  order  of  discharge  or  reduction 
shall  be  made  a  part  of  the  record  of  the  division  of 
the  service  in  which  the  discharge  or  reduction  is 
made,  and  a  copy  shall  be  filed  with  the  commission. 
The  commission  may  examine  into  the  facts,  and  if 
the  person  has  been  wrongfully  discharged,  may  rein- 
state him. 

Section  205.  No  officer  or  employe  shall  dis- 
charge or  change  the  rank  or  compensation  of  any 
other  officer  or  employe,  or  promise  or  threaten  to  do 
so  for  giving,  withholding  or  neglecting  to  make  con- 
tribution or  any  service  for  any  political  purpose.  No 
person  shall,  in  any  room  or  building  occupied  for  the 
discharge  of  official  duties,  solicit  or  receive  any  con- 
tribution for  political  purposes. 

Section  206.  The  commission  shall  keep  in  its 
office  a  public  roster  showing  the  name,  residence,  posi- 
tion, date  of  appointment,  compensation  and  duties  of 
each  person  in  the  service.  The  commission  shall  have 
access  to  all  public  records  and  papers,  the  examina- 
tion of  which  shall  aid  in  keeping  the  roster. 

Section  207.  The  council  shall  furnish  the  com- 
mission with  suitable  offices,  office  furniture,  rooms 
for  examinations,  books,  stationery,  blanks,  printing, 
heat  and  light  and  all  other  necessary  supplies,  and 
shall  provide  for  the  payment  of  such  other  expenses 
as  may  be  necessarily  incurred  in  carrying  out  the 
provisions  of  this  article. 

Section  208.  The  commission  shall  certify  to  the 
auditor  the  name  of  every  person,  in  the  classified 
service,  stating  in  each  case  the  character  and  date  of 
commencement  of  service,  compensation  and  any 
change  in  such  service.    The  auditor  shall  not  issue  a 


74 

warrant  for  the  payment  of  any  compensation  to  any 
person  in  the  classified  service  not  so  certified.  If 
the  auditor  shall  issue  any  warrant  except  as  herein 
provided,  he  and  his  sureties  shall  be  liable  for  the 
amount  thereof  at  the  suit  of  the  city  and  county  or 
any  taxpayer  for  its  use. 

Section  209.  No  person  in  the  public  service  shall 
wilfully  and  corruptly,  by  himself  or  in  co-operation 
with  one  or  more  persons,  defeat,  deceive  or  obstruct 
any  person  in  respect  to  his  or  her  right  of  examina- 
tion, nor  wilfully,  corruptly  or  falsely  mark,  grade, 
estimate  or  report  upon  the  examination  or  proper- 
standing  of  any  person  examined  hereunder,  or  aid  in 
so  doing,  or  wilfully  or  corruptly,  make  any  false  rep- 
resentation concerning  the  same  or  concerning  the 
persons  examined,  or  wilfully  or  corruptly  furnish  to 
any  person  any  special  or  secret  information  for  the 
purpose  of  either  improving  or  injuring  the  prospects 
or  chances  of  any  person  so  examined  or  to  be  exam- 
ined, appointed,  employed  or  promoted. 

Section  210.  Any  person  who  shall  violate  any 
of  the  provisions  of  this  article  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  not  exceeding  one  hundred  dol- 
lars, or  imprisonment  not  exceeding  thirty  days,  or  by 
both  such  fine  and  imprisonment  in  the  discretion  of 
the  court. 

ARTICLE    VIII. 

FINANCE  AND  TAXATION. 

Section  211.  The  fiscal  year  of  the  city  and 
county  shall  commence  on  the  first  day  of  January 
and  end  on  the  last  day  of  December  of  each  year. 

Section  212.  The  council,  after  deducting  the 
amount  collectible  from  other  sources,  shall  levy  upon 
all  taxable  property,  real  and  personal,  within  the 
limits  of  the  city  and  county,  the  am,Dunt  of  taxes  for 
city  and  county  purposes  necessary  t' »  pr  )vide  for  the 


75 

payment  during  the  ensuing  fiscal  year,  of  all  prop- 
erly authorized  demands  upon  the  treasury,  not  ex- 
ceeding fifteen  mills  on  the  dollar  for  all  general  city 
and  county  purposes  upon  the  total  assessed  valua- 
tion of  said  property,  and  shall  also,  in  addition 
thereto  levy  the  state  and  school  district  taxes.  The 
foregoing  limitation  of  fifteen  mills  shall  not  apply  to 
taxes  which  shall  annually  be  levied  by  the  council 
for  the  payment  of  any  bonded  indebtedness  of  the 
city  and  county,  now  existing  or  hereafter  created,  or 
interest  thereon,  nor  for  sinking  fund,  nor  for  the  in- 
debtedness of  any  town  or  city  heretofore  consolidated 
with  or  hereafter  incorporated  with,  or  annexed  to, 
the  city  and  county,  or  of  the  interest  thereon;  nor 
to  special  assessments  for  local  improvements. 

Section  213.  It  shall  be  the  duty  of  the  assessor, 
as  soon  as  the  assessment  roll  is  ready  in  each  year 
for  the  extension  of  taxes,  in  accordance  with  gen- 
eral law,  to  certify  the  total  amount  of  property 
assessed  within  the  limits  of  the  city  and  county  to 
the  council,  whereupon  the  council  shall  proceed  to 
make  the  proper  levy  in  mills  upon  the  dollar  valua- 
tion to  meet  the  expenses  of  the  city  and  county,  and 
cause  the  total  levies,  including  school,  state  and 
special  levies,  to  be  certified  by  the  clerk  to  the  as- 
sessor, who  shall  extend  the  same  upon  the  tax  list 
of  the  current  year,  whereupon  he  shall  issue  a  gen- 
eral warrant  to  the  treasurer  for  collection. 

Section  214.  The  treasurer  shall  collect  said 
taxes  in  the  same  manner  and  at  the  same  time  as 
state  taxes  are  collected,  and  all  laws  of  this  state  for 
the  assessment  and  collection  of  general  taxes,  in- 
cluding laws  for  the  sale  of  property  for  taxes  and 
the  redemption  of  the  same,  shall  apply,  and  have  as 
full  effect  for  the  collection  of  taxes  for  the  city  and 
county  as  for  such  general  taxes,  except  as  modified 
by  this  charter.  On  or  before  the  5th  day  of  every 
month  the  treasurer  shall  report  the  amount  of  tax 
collections  for  the  preceding  month  to  the  auditor. 


76 

Section  215.  All  taxes  levied  for  state  and  school 
purposes  upon  persons  and  property  within  the  city 
and  county  shall  be  collected  by  the  treasurer  and 
paid  out  by  him  in  conformity  with  the  general  laws 
of  the  state.  All  amounts  so  collected  and  disbursed 
or  paid  over  shall  be  included  in  his  reports  to  the 
auditor  and  council  as  required  by  this  charter. 

Section  216.  On  or  before  the  first  Monday  of 
November  in  each  year  the  heads  of  the  various  de- 
partments, offices  and  commissions  of  the  city  and 
county  shall  furnish  the  mayor  an  estimate  in  writ- 
ing of  the  probable  expenses  to  be  incurred  in  their 
several  departments  for  the  ensuing  fiscal  year,  spec- 
ifying in  detail  such  probable  expenditures,  includ- 
ing a  statement  of  the  salaries  of  their  subordinates. 
Duplicates  of  these  estimates  shall  be  sent  at  the  same 
time  to  the  auditor. 

The  auditor  shall,  at  the  same  time,  also  certify 
to  the  mayor  the  amount  of  money  to  be  raised  by 
taxation  to  pay  the  interest  on  bonded  indebtedness, 
and  to  provide  for  the  sinking  fund. 

Section  217.  On  or  before  the  first  Monday  of 
December  in  each  year  the  mayor  shall  present  to  the 
council  a  detailed  statement  of  the  amount  necessary 
to  defray  the  expenses  of  the  city  and  county  govern- 
ment, and  of  each  department  thereof,  for  the  ensu- 
ing fiscal  year,  stating  also  the  amount  to  be  raised 
by  taxation  to  pay  interest  on  bonded  indebtedness, 
and  to  provide  for  the  sinking  fund. 

Section  218.  The  council  shall  meet  in  joint  ses- 
sion annually  between  the  first  and  third  Mondays  in 
December,  and  by  a  vote  of  the  majority  of  the  mem- 
bers thereof  make  a  budget  of  the  estimated  amounts 
required  to  pay  the  expenses  of  conducting  the  public 
business  for  the  next  ensuing  fiscal  year,  based  on  the 
mayor's  budget,  and  for  the  other  purposes  required 
by  this  charter.  The  budget  shall  be  prepared  in 
such  detail  as  to  the  aggregate  sum  and  the  items 
thereof  allowed  to  each  department,  office  or  commis- 


sion  us  the  council  shall  deem  advisable  subject  to 
limitations  in  this  charter,  but  the  council  shall  not 
change  any  item  in  nor  the  total  of  the  mayor's  esti- 
mate, except  upon  a  vote  of  two-thirds  of  each  body 
thereof. 

Section  219.  After  the  final  estimate  is  made  in 
accordance  herewith,  it  shall  be  signed  by  the  mayor 
and  clerk  and  filed  in  the  office  of  the  auditor.  The 
several  sums  shall  then  be  appropriated  by  ordinance 
for  the  ensuing  fiscal  year  to  the  several  purposes 
and  departments  therein  named.  The  total  amount 
appropriated  shall  in  no  case  exceed  ninety  (90)  per 
cent,  of  the  amount  of  money  to  be  received  during 
the  year  by  taxation,  estimated  upon  the  assessor's 
valuation  and  the  tax  levy,  and  from  other  sources  of 
revenue. 

Section  220.  The  amount  required  to  pay  the 
interest  on  the  bonded  indebtedness  and  provide  for 
the  sinking  fund  shall  always  be  provided  for  out  of 
the  tax  on  property. 

CUSTODY  OE'  PUBLIC  MONEYS. 

Section  221.  All  moneys  arising  from  taxes,  li- 
censes, fees,  fines,  penalties  and  forfeitures,  and  from 
any  other  source  whatsoever,  which  may  be  collected 
or  received  by  any  officer  of  the  city  and  county,  or 
any  department  thereof,  in  his  official  capacity,  for 
the  performance  of  any  official  duty,  shall  be  paid 
into  the  treasury.  Kb  officer  or  person  other  than  the 
treasurer  shall  pay  out  or  disburse  such  moneys  or 
any  part  thereof,  except  as  herein  otherwise  provided. 
No  officer,  deputy,  clerk  or  employe  of  such  officer, 
shall  receive  or  accept  any  fee,  compensation  or  pay- 
ment, other  than  his  salary  as  now  or  hereafter  fixed 
by  this  charter,  or  by  ordinance,  for  any  work  or  ser- 
vice performed  by  him  of  any  official  nature,  or  under 
color  of  office,  whether  performed  during  or  after 
official  business  hours. 

Section  222.  Every  fee,  commission,  percentage, 
allowance  or  other  compensation  authorized  by  law 


78 

or  ordinance  to  be  charged,  received  or  collected  by 
any  officer  or  ejuploye  for  any  official  service,  must  be 
collected  in  advance,  and  paid  to  the  treasurer  by  the 
officer  receiving  the  same,  in  the  manner  herein  pro- 
vided. 

Section  223.  Every  officer  or  person  collecting 
any  fee,  commission,  percentage,  allowance  or  com- 
pensation, for  the  performance  of  any  official  service 
or  duty  of  any  kind  or  nature,  or  rendered  in  any  of- 
ficial capacity,  or  by  reason  of  any  official  duty  or 
employment,  shall  deliver  to  the  treasurer  each  day 
all  such  collections  received  during  the  preceding  day. 
Provided,  the  sheriff  and  clerks  of  courts  shall  only  be 
required  to  deliver  on  the  first  day  of  each  month,  such 
collections  as  have  been  received  by  them  during  the 
preceding  month.  The  treasurer  shall  thereupon  de- 
liver to  such  officer  or  person  a  receipt  for  the  money 
so  paid,  as  hereinbefore  provided.  The  treasurer  shall 
place  all  such  moneys  in  a  separate  fund  to  be  desig- 
nated the  "Unapportioned  Fee  Fund." 

Section  224.  The  commissioner  of  supplies  shall 
prepare  and  deliver  from  time  to  time  to  the  treasurer, 
and  to  every  officer  or  person  authorized  by  law  to 
charge  any  fee,  commission,  percentage,  allowance  or 
compensation,  for  the  performance  of  any  official  ser- 
vice or  duty,  as  many  blank  official  receipts  as  may  be 
required,  charging  such  person  therewith.  Such  re- 
ceipts shall  be  bound  into  books  containing  not  less 
than  one  hundred,  and  numbered  consecutively,  begin- 
ning with  number  one  in  each  class  required  for  each 
fiscal  year,  and  provided  with  a  corresponding  stub. 
When  the  books  containing  receipts  are  exhausted  by 
the  officer  receiving  them,  he  shall  deliver  the  stubs 
thereof  to  the  custody  of  the  auditor. 

Section  225.  Except  as  otherwise  provided  in 
this  charter,  every  officer  and  employe  who  shall  re- 
ceive any  money,  property  or  other  thing  of  value  on 
behalf  of  or  belonging  to  the  city  and  county  shall  give 
a  receipt  therefor,  which  shall  state  whether  given  for 


79 

money,  property,  services  or  otherwise,  the  amount 
and  nature  thereof,  the  date  of  such  receipt,  and  the 
name  of  the  person  to  whom  given,  and  shall  make 
a  corresponding  entry  on  the  stub  to  which  said  re- 
ceipt was  attached. 

Section  226.  On  or  before  the  fifth  day  of  each 
month  the  treasurer  shall  make  to  the  auditor  a  report 
under  oath  of  all  moneys  received  by  him  during  the 
preceding  month,  from  what  source  and  for  what  pur- 
pose received.  At  the  same  time,  the  treasurer  shall 
produce  the  stubs  of  all  official  receipts  issued  by 
him  during  the  previous  month,  and  all  official  re- 
ceipts remaining  in  his  hands  unused  at  the  close  of 
business  on  the  last  day  thereof. 

Section  227.  On  or  before  the  fifth  of  each  month 
every  officer  authorized  to  charge  any  fee,  commis- 
sion, percentage,  allowance  or  compensation,  shall 
make  to  the  auditor  a  report  under  oath,  of  all  of- 
ficial receipts  issued  by  him  during  the  preceding 
month,  showing  the  amount,  to  whom  and  for  what 
purpose  issued ;  and  shall  at  the  same  time,  or  of  tener 
if  required,  exhibit  to  the  auditor  or  other  proper  of- 
ficer, all  the  treasurer's  receipts  deposited  with  him 
during  the  preceding  month,  and  all  receipts  remain- 
ing in  his  hands  unused,  or  not  issued,  at  the  close  of 
business  on  the  last  day  thereof. 

Upon  receiving  these  reports  the  auditor  shall 
examine  and  settle  the  accounts  of  each  officer,  and 
apportion  such  moneys  to  the  fund  or  funds  to  which 
they  are  appropriated  by  law,  and  certify  such  appor- 
tionment to  the  treasurer,  who  shall  thereupon  trans- 
fer from  the  unapportioned  fee  fund  the  amount  so 
certified,  and  credit  each  fund  entitled  thereto  with 
the  proper  amount  so  apportioned. 

Section  228.  Every  officer  who  is  by  law  allowed 
to  charge  and  collect  mileage  for  a  service  of  process 
or  other  like  service,  shall  at  the  end  of  each  month 
prepare  and  deliver  to  the  auditor  a  verified  statement 
showing  each  process  served,  the  title  of  the  cause,  the 


80 

name  of  the  deputy  or  other  subordinate  officer  who 
made  the  service,  the  number  of  miles  actually  trav- 
eled in  making  such  service,  and  the  day  and  hour 
when  the  same  was  made,  and  the  amount  collected  for 
such  service. 

Section  229.  When  any  officer  legally  author- 
ized to  employ  a  person  other  than  one  of  his  deputies 
or  assistants  at  a  stated  compensation  fixed  by  law, 
and  such  person  has  rendered  the  service  for  which  he 
was  employed,  such  officer  and  person  shall  each,  at 
the  end  of  each  month,  j)repare  and  deliver  to  the 
auditor  a  verified  statement  showing  the  service,  by 
and  for  whom  performed,  the  amount  of  compensa- 
tion therefor,  and  the  time  actually  employed. 

Section  230.  The  monthly  salaries  of  the  audi- 
tor and  his  employes  shall  be  audited  and  allowed  by 
the  mayor.  All  other  demands  on  account  of  the  sala- 
ries fixed  by  law,  ordinance,  or  by  this  charter,  and 
made  payable  out  of  the  treasurj^,  shall  be  allowed  by 
the  auditor  without  any  previous  approval.  Demands 
payable  out  of  the  treasury  for  salaries,  wages  or  com- 
pensation of  deputies,  clerks,  assistants  or  employes, 
in  any  office  or  department,  shall  before  they  can  be 
audited  or  paid,  be  first  verified,  in  writing,  by  the 
officer,  commission,  department,  or  authority  under 
whom,  or  in  which  such  demand  originated.  All  other 
demands  payable  out  of  any  funds  in  the  treasury 
shall,  before  the}^  can  be  allowed  by  the  auditor  or 
paid,  be  first  verified,  in  writing,  by  the  department, 
commission  or  officer  in  which  the  same  has  originated, 
and  in  all  such  cases  must  be  approved  by  the  council, 
except  as  otherwise  provided  in  this  charter.  Every 
demand  against  the  city  and  county  shall,  in  addition 
to  the  other  entries  and  endorsements  upon  the  same 
required  by  this  charter,  show :  (1)  The  name  of  the 
commission,  authority  or  department  authorizing  the 
same.  (2)  The  fiscal  year  within  which  the  indebted- 
ness was  incurred.  (3)  The  name  of  the  specific  fund 
out  of  which  the  demand  is  payable.  Each  demand 
shall  have  written  or  printed  upon  it  a  statement  that 


81 

the  same  can  only  be  paid  out  of  the  income  and  reve- 
nue provided  and  collected  for  the  fiscal  year  in  which 
the  indebtedness  was  incurred. 

Section  231.  Within  twenty-four  hours  after 
any  employe  of  the  city  and  county  shall  be  discharged 
or  shall  cease  to  be  in  its  employ,  the  head  of  the  de- 
partment, office  or  commission  in  which  such  person 
was  employed  shall  report  to  the  auditor,  giving  name 
of  employe  and  date  when  such  employment  ceased. 

Section  232.  Any  person  chargeable  with  mon- 
eys or  other  personal  property  belonging  to  the  city 
and  county,  or  who  has  been  instrusted  with  the  col- 
lection, management  or  disbursement  of  any  moneys, 
bonds  or  interest  accruing  therefrom  belonging  to,  or 
held  in  trust  by  the  city  and  county,  Avho  fails  to  ren- 
der an  account  thereof  and  make  a  settlement  with  the 
treasurer  within  the  time  prescribed  by  law ;  or  when 
no  particular  time  is  .specified,  fails  to  render  such 
account  and  make  such  settlement,  within  ten  days 
after  notice  from  the  auditor,  then  the  auditor  shall 
state  an  account  with  such  person  charging  twenty- 
five  per  centum  damages  and  interest  at  the  rate  of 
ten  per  centum  per  annum  from  the  time  of  such  fail- 
ure, and  file  a  copy  thereof  with  the  attornej^,  and 
such  person,  if  in  the  service  of  the  city  and  county, 
shall  also  be  subject  to  removal. 

In  any  suit  a  copy  of  such  account  shall  be  prima 
facie  evidence  of  the  things  therein  stated.  In  case 
the  auditor  can  not,  for  want  of  information,  state 
an  account,  in  any  action  brought  that  fact  may  be 
averred,  and  it  shall  be  sufficient  to  allege  generally 
the  amount  of  money,  or  other  property  which  is  due 
to  or  which  belongs  to  the  city  and  county.  The  attor- 
ney shall  institute  all  actions  arising  under  this  sec- 
tion within  ten  days  after  notification  by  the  auditor, 
and  prosecute  the  same  to  conclusion. 

Section  233.  All  salaries  and  compensation  of 
all  officers,  and  all  employes  of  all  classes,  and  others 
employed  at  fixed  wages,  shall  be  payable  monthly. 


THE   SEVERAL   FUNDS. 

Section  234.  The  income  and  revenue  paid  into 
tlie  treasury  shall  at  once  be  apportioned  to  and  kept 
in  appropriate  funds,  and  such  money,  including  the 
several  funds  now  in  the  treasury,  shall  not  be  used 
for  any  purpose  other  than  that  for  which  the  same 
were  raised,  provided  that  surplus  and  unused  money 
in  any  fund  may  during  the  fiscal  year  be  transferred 
from  one  fund  to  another  by  ordinance  only,  except 
as  otherwise  provided  in  this  charter. 

Section  235.  The  general  funds  shall  consist  of 
moneys  received  into  the  treasury  and  not  specifically 
apportioned  to  any  other  fund, 

'  Section  236.  The  park  fund  shall  consist  of 
moneys  annually  apportioned  thereto  and  coming  into 
said  fund  by  donation  or  otherwise,  and  shall  be  kept 
and  used  only  for  the  improvement  of  parks,  public 
grounds,  planting  and  maintaining  of  ornamental 
trees,  shrubs  and  flowers  in  said  parks  or  upon  the 
public  boulevards. 

The  public  library  fund  shall  consist  of  the  money 
apportioned  thereto,  and  all  money  coming  into  said 
fund  by  gift  or  otherwise,  and  shall  be  kept  and  used 
only  for  public  library  purposes. 

The  bonded  indebtedness  interest  fund  shall  be 
kept  and  used  only  in  the  payment  of  interest  annu- 
ally accruing  on  bonded  indebtedness. 

The  sinking  fund  shall  be  kept  and  used  only  in 
the  purchase,  payment  and  redemption  of  the  bonded 
indebtedness  of  the  city  and  county. 

The  special  deposit  fund  shall  consist  of  money 
paid  into  court  and  deposited  with  the  treasurer,  in- 
cluding all  moneys  in  special  deposit.  Money  in  the 
special  deposit  fund  shall  be  paid  out  in  the  manner 
prescribed  by  law  or  by  order  of  the  judge  of  the  court 
depositing  the  same. 


Section  237.  Any  demand  against  tlie  treasurer 
remaining  unpaid  at  the  end  of  the  fiscal  year  for  lack 
of  money  applicable  to  its  payment,  shall  be  paid  in 
the  order  of  its  registration  out  of  any  money  which 
may  subsequently  come  into  the  proper  fund  from  de- 
linquent taxes  or  other  uncollected  income  or  revenue 
for  such  year. 

Section  238.  When  there  shall  be  to  the  credit  of 
any  sinking  fund  a  sum  not  less  than  |20,000,  which 
may  be  applied  to  the  redemption  of  any  outstanding 
bonds  to  which  said  fund  is  applicable  and  which  are 
not  redeemable  before  their  maturity,  it  shall  be  the 
duty  of  the  auditor  to  advertise  for  ten  (10)  days  in 
the  official  newspaper  inviting  proposals  for  the  sur- 
render and  redemption  of  the  bonds,  and  after  such 
advertisement  the  money  in  such  sinking  fund  may 
be  awarded  to  the  person  offering  to  surrender  such 
bonds  for  the  lowest  price.  Thereupon  the  treasurer, 
upon  the  surrender  of  the  bonds,  duly  audited  by  the 
auditor,  shall  pay  the  amount  to  the  person  to  whom 
the  same  was  awarded,  provided  no  redemption  shall 
be  made  for  such  bonds  in  a  sum  greater  than  the 
value  of  the  principal  and  accrued  interest. 

Should  there  be  no  purchase  or  should  a  purchase 
not  exhaust  such  sinking  fund,  then  the  balance  may 
be  invested  by  the  treasurer  in  bonds  of  the  city  and 
county  maturing  at  a  date  prior  to  those  to  be  re- 
deemed by  such  sinking  fund ;  Provided,  he  shall  not 
pay  for  such  bonds  a  sum  greater  than  the  amount  of 
the  principal  and  accrued  interest. 

POLICE   DEPARTMENT   RELIEF   FUND. 

Section  239.  The  council  is  hereby  authorized, 
and  they  shall  within  six  months  after  the  adoption 
of  this  charter,  by  ordinance  provide  for  a  police  de- 
partment relief  fund,  to  be  administered  by  the  board 
of  fire  and  police,  for  the  following  purposes  : 

For  the  relief  of  aged,  infirm  and  disabled  mem- 
bers of  the  police  department  who  have  arrived  at 


84 

the  iij^e  of  sixty  years,  and  who  upon  examination 
by  two  regularly  certified  practicing  physicians,  ap- 
pointed for  that  purpose,  may  be  ascertained  to  be, 
by  reason  of  such  age,  infirmity  or  disability,  unfit  for 
the  performance  of  their  duties;  Provided,  however, 
that  no  such  member  shall  be  entitled  to  the  benefits  in 
this  section  above  provided  unless  he  has  been  an 
active  member  of  the  department  of  the  city  and  county 
or  included  municipalities  for  twenty  years  preceding 
his  retirement.  For  the  relief  of  any  regular  mem- 
ber of  the  police  department,  while  engaged  in  the 
line  of  his  duties  who  shall  suffer  physical  injuries 
resulting  in  total  disability  which  prevents  him  from 
supporting  himself  and  famil3^  For  the  family  of  any 
such  member  of  the  police  department  who  shall  lose 
his  life,  leaving  a  family  theretofore  dependent  on 
him,  without  means  of  support;  Provided,  however, 
in  case  of  total  disability,  as  in  this  paragraph  pro- 
vided, upon  examination  by  two  regularly  certified 
practicing  ph^^sicians,  appointed  for  that  purpose, 
they  shall  certify  that  such  disability  unfits  such 
member  for  the  performance  of  his  duties. 

Section  240.  The  relief  fund  shall  be  composed 
of  money  from  the  following  sources : 

1.  All  proceeds  of  the  sales  of  unclaimed  prop- 
erty. ; 

2.  All  moneys  received  from  licenses  upon  dogs. 

3.  All  moneys  received  from  fines  for  carrying 
concealed  weapons. 

4.  All  moneys  received  from  fines  imposed  on 
the  members  of  the  police  department  for  violation 
of  law  or  the  rules  and  regulations  of  the  department. 

5.  Fifty  per  cent,  of  all  moneys  and  receipts 
from  the  licensing  of  automobiles. 

6.  Fifty  per  cent,  of  all  rewards  and  fees  and 
compensation  for  any  extraordinary  service  of  any 
member  of  the  police  department ;  Provided,  that  not 
to  exceed  fifty  per  cent,  of  any  reward  or  corapensa- 


85 

tion  for  any  extraordinary  service  shall  be  allowed  to 
the  person  performing  the  service  for  which  such 
reward  or  compensation  is  paid. 

7.  All  donations  and  gifts  which  may  be  made 
to  said  fund. 

The  council  shall  annually  appropriate  a  reason- 
able sum  for  said  fund. 

Section  241.  Moneys  remaining  at  the  end  of 
any  fiscal  year  in  this  fund  shall  not  be  transferred, 
but  shall  be  invested  from  time  to  time,  in  approved 
interest  bearing  securities.  The  treasurer  shall  be 
the  custodian  of  all  money  and  securities  provided 
for  in  this  section. 

firemen's  pension  fund. 

Section  242.  The  provisions  of  chapter  172  of 
the  session  laws  of  the  state  of  Colorado  of  the  year 
1903,  entitled  "An  act  to  create  and  establish  a  pen- 
sion fund  for  firemen,  their  widows  and  dependent 
children,  in  cities  containing  a  population  of  over 
one  hundred  thousand  inhabitants,  and  having  paid 
fire  departments,  and  for  the  maintenance,  manage- 
ment and  conduct  of  the  same,"  are  hereby  made  and 
declared  to  be  in  full  force  and  effect  in  the  city  and 
county. 

.    ACCOUNTING. 

Section  243.  The  mayor  shall  at  least  once  in 
each  year  employ  an  expert  accountant  who  shall  ex- 
amine the  books,  records  and  reports  of  the  treasurer 
and  auditor,  and  the  books,  records  and  reports  of  such 
other  ofiicers  and  departments  as  the  mayor  may  di- 
rect, and  make  triplicate  reports  thereof  to  the  mayor, 
auditor  and  attornej^  Such  accountant  shall  have 
unlimited  privilege  of  investigation,  to  examine  un- 
der oath  or  otherwise  all  officers  and  employes  of 
the  city  and  county,  and  every  such  officer,  clerk  and 
employe  shall  give  all  required  assistance  and  infor- 
mation to  such  accountant,  and  submit  to  him  for 


86 

examination  such  books  and  papers  of  liis  office  as 
may  be  requested,  and  failure  so  to  do  shall  be  deemed 
and  held  to  be  a  forfeiture  and  abandonment  of  his 
office.  The  mayor  may  designate  as  such  expert  ac- 
countant any  responsible  corporation  engaged  in 
auditing  accounts,  and  the  council  each  year  shall 
appropriate  such  a  sum  as  may  be  fixed  by  the  mayor, 
not,  however,  exceeding  the  sum  of  |3,000,  for  the 
payment  of  the  services  of  such  accountant. 

Section  244.  The  council  shall,  by  ordinance,  re- 
quire a  uniform  and  comparative  system  of  account- 
ing and  reporting  by  the  different  departments  of 
the  city  and  county. 

•         * 

PUBLIC    INDEBTEDNESS. 

Section  245.  It  shall  not  be  lawful  for  the  coun- 
cil or  any  commission,  department  or  officer,  having 
power  to  incur  liabilities  against  the  treasury,  to 
incur,  allow,  contract  for,  pay  or  render  payable,  in 
the  present  or  future,  in  any  one  month,  any  ex- 
penditure or  demand  against  any  appropriation 
which,  taken  with  all  other  expenditures,  indebtedness 
or  liability,  made  or  incurred  up  to  the  time  in  such 
month  of  making  or  incurring  the  same,  exceeds  one- 
twelfth  part  of  the  amount  of  the  appropriation  for 
the  fiscal  year,  except  as  otherwise  specifically  al- 
lowed in  this  charter. 

If,  at  the  beginning  of  any  month,  any  money 
remains  unexpended  in  any  appropriation  which 
might  lawfully  have  been  expended  during  the  pre- 
ceding months,  such  unexpended  sum,  except  so  much 
thereof  as  may  be  required  to  pay  all  unpaid  claims 
upon  such  appropriation,  may  be  carried  forward  and 
expended  in  any  month  of  such  fiscal  year,  but  not 
afterwards,  except  in  payment  of  claims  lawfully  in- 
curred during  such  fiscal  year. 

Appropriations  provided  to  meet  the  expenses  of 
elections,  for  the  support  and  maintenance  of  the 
assessor's  department,   and  for  the  departments  of 


87 

health,  highways,  sprinkling,  libraries  and  parks, 
shall  be  exempt  from  the  provisions  of  this  section. 

Section  246.  The  council  shall  not  order  the 
payment  of  money  for  any  purposes  whatsoever,  nor 
shall  any  warrant  or  other  evidence  of  indebtedness 
issue  in  excess  of  the  amount  appropriated  for  the 
current  year,  and  at  the  time  of  said  order  remaining 
unexpended  in  the  appropriation  of  the  particular 
class  or  department  to  which  such  expenditures  be- 
long, nor  shall  any  liability  or  indebtedness  incurred 
in  any  one  fiscal  year  be  a  charge  upon  or  paid  out  of 
the  income  or  revenue  of  any  other  fiscal  year. 

Section  247.  Neither  the  council  nor  any  officer 
shall  have  authority  to  make  any  contract  or  do  any- 
thing binding  on,  nor  impose  upon  the  city  and  county 
any  liability  to  pay  money,  until  a  definite  amount 
of  money  shall  have  been  appropriated  for  the  liqui- 
dation of  all  pecuniary  liability  of  the  city  and  county 
under  such  contract,  or  in  consequence  thereof.  Such 
contract  shall  be  a&  initio,  null  and  void  as  to  the 
city  and  county  for  any  other  or  further  liability; 
Provided^  first,  that  nothing  herein  contained  shall 
prevent  the  council  from  paying  any  expense,  the 
necessity  of  which  is  •caused  by  any  casualty,  acci- 
dent or  unforeseen  contingency,  after  the  passage  of 
the  annual  appropriation  ordinance ;  and,  second,  that 
the  provisions  of  this  section  shall  not  apply  to  or 
limit  the  authority  conferred  in  relation  to  bonded 
indebtedness,  nor  to  moneys  to  be  collected  by  special 
assessments  for  local  improvements. 

ADDITIONAL   APPROPRIATIONS. 

Section  248.  The  council  shall,  immediately  af- 
ter the  first  election  following  the  adoption  of  this 
charter,  pass  such  additional  appropriation  ordi- 
nances as  may  be  necessary  to  pay  the  salaries  and 
defray  the  expenses  of  any  and  all  officers,  employes 
and  departments  of  the  city  and  county  for  the  year 
1904,  but  not  thereafter,  and  which  amounts  are  not 


provided  for  under  appropriation  ordinances  hereto- 
fore passed,  and  warrants  for  the  payment  of  such 
salaries  and  expenses,  after  being  allowed  and  aud- 
ited, as  provided  in  the  charter,  may  be  drawn 
against  such  appropriation  by  the  auditor,  and  the 
amount  so  required  for  the  payment  of  said  warrants, 
or  so  much  thereof  as  may  be  necessary,  shall  be  in- 
cluded in  the  appropriation  and  paid  out  of  the  in- 
come and  revenue  for  the  year  1905,  anything  in  this 
charter  to  the  contrary  notwithstanding. 

MEMORIAL   DAY. 

Section  249.  The  council  shall  annually  appro- 
priate two  hundred  dollars  for  Memorial  Day  exer- 
cises, usually  held  on  ]May  30th,  for  the  care  and  pres- 
entation of  the  gTaves  of  those  buried  in  the  Grand 
Army  cemetery  at  Riverside. 

LIMITATION    OF    BONDED   INDEBTEDNESS. 

Section  250.  No  loan  shall  be  made,  and  no 
bonds  shall  be  issued  for  any  purpose,  except  in  pursu- 
ance of  an  ordinance  authorizing  the  same,  which  or- 
dinance shall  be  irrepealable  until  the  indebtedness 
therein  provided  for,  and  the  bonds  issued  in  pursu- 
ance thereof,  shall  have  been  fully  paid.  No  loan 
shall  be  created,  nor  bonds  issued,  unless  the  question 
of  incurring  the  same  and  issuing  the  bonds  therefor 
shall  be  submitted  to  the  vote  of  such  of  the  qualified 
electors  of  the  city  and  county,  as  shall  in  the  year 
next  preceding  such  election  have  paid  a  property  tax 
therein,  and  a  majority  of  those  voting  upon  the  ques- 
tion by  ballot  shall  vote  in  favor  of  creating  such  debt 
and  issuing  such  bonds. 

The  city  and  county  shall  not  become  indebted 
for  any  purpose  or  in  any  manner  to  an  amount, 
which,  including  existing  indebtedness,  shall  exceed 
three  per  cent,  of  the  assessed  valuation  of  the  tax- 
able property  within  the  city  and  county,  as  shown 
by  the  last  preceding  assessment  for  city  and  county 


89 

Ijui'poses;  provided,  however,  that  in  determining  the 
limitation  of  the  city  and  county's  power  to  incur  in- 
debtedness there  shall  not  be  included  bonds  issued 
for  the  acquisition  of  water,  light  or  other  public  util- 
ities, works  or  ways  from  which  the  city  and  county 
will  derive  a  revenue. 

BONDED  INDEBTEDNESS  AND  REFUNDING. 

Section  251.  The  mayor  and  council  in  office  at 
the  time  this  charter  shall  take  effect,  by  an  ordinance 
duly  passed,  approved  and  published  in  accordance 
with  the  provisions  of  an  act  of  the  general  assembly 
of  the  state  of  Colorado,  entitled  "An  act  to  revise  and 
amend  the  charter  of  the  city  of  Denver,"  approved 
April  3,  A.  D.  1893,  being  the  former  charter  of  the 
city  of  Denver,  or  wherever  the  provisions  of  said  act 
may  not  be  applicable,  then  in  accordance  with  the 
provisions  of  this  charter,  shall  submit,  at  the  first 
regular  election  for  officers  of  said  city  and  county, 
to  a  vote  of  such  qualified  electors  thereof  as  shall  in 
the  next  preceding  year  have  paid  a  property  tax 
therein,  the  question  of  incurring  an  indebtedness  of 
said  city  and  county  for  the  purpose  of  refunding  the 
present  bonded  indebtedness  of  the  city  and  county 
and  included  municipalities  in  whole  or  in  part,  and 
funding  the  valid  floating  indebtedness  thereof,  and 
issuing  the  bonds  of  the  city  and  county  therefor ;  and 
may  in  like  manner  submit  the  question  of  incurring 
such  indebtedness  and  issuing  such  bonds  therefor  for 
any  or  all  of  the  purposes  specified  in  this  charter; 
and  the  returns  of  said  election  upon  said  questions 
shall  be  canvassed  and  the  result  thereof  ascertained, 
determined  and  certified  in  the  same  manner  as  in 
the  case  of  the  election  of  officers.  The  maximum 
amount  of  the  indebtedness  to  be  so  incurred,  shall 
he  specified  in  such  ordinance.  The  floating  indebted- 
ness herein  referred  to  shall  be  investigated  and 
xiudited  by  the  mayor,  auditor  and  treasurer,  who 
shall  report  the  amount  of  such  valid  indebtedness  to 
the  council. 


90 
ARTICLE  IX. 

PUBLIC  UTILITIES. 

Section  252.  Whenever  a  petition  signed  by 
qualified  electors  in  number  not  less  than  twenty-five 
per  cent,  of  the  next  preceding  vote  for  mayor,  re- 
questing the  acquisition  of  any  public  utility,  work 
or  way,  shall  be  presented  to  the  council,  the  council 
shall  direct  the  board  of  public  works  to  investigate 
the  feasibility  of  the  acquisition  of  such  public  util- 
ity, work  or  way,  and  all  costs  and  expenses  which 
would  be  incurred  by  such  acquisition,  and  provide 
by  ordinance  for  the  expense  of  such  investigation 
and  such  other  expenses  as  may  thereafter  be  made 
necessary  by  any  of  the  provisions  hereof. 

Section  253.  The  petition  shall  describe  the  pro- 
posed public  utility,  work  or  way,  generally,  but  with 
sufiicient  certainty  to  enable  intelligent  action 
thereon,  and  may  be  written  and  signed  on  any  num- 
ber of  sheets. 

Section  254.  It  shall  be  the  duty  of  the  board 
of  public  works  to  comply  with  the  directions  of  the 
council  and  to  commence  forthwith  to  carefully  in- 
vestigate whether  and  how  such  public  utility,  work 
or  way,  may  be  acquired,  at  what  probable  cost  the 
same  may  be  acquired,  and  the  board  shall  prepare 
whatever  preliminary  specifications,  plans  and  de- 
tails may  be  necessary  for  that  purpose;  whether,  if 
acquired,  it  can  be  operated  by  the  city  and  county 
at  a  profit  or  advantage,  either  in  quality  or  cost  of 
service,  and  after  such  investigation  shall  report  to 
the  mayor  and  council,  in  writing,  its  findings  in  the 
premises,  together  with  all  the  facts  upon  which  such 
findings  are  based,  with  sufficient  particularity  that 
the  mayor  and  council  may  judge  of  the  correctness 
of  such  findings. 


91 

Section  255.  If  it  sliall  appear  from  such  find- 
ings, that  such  public  utility,  work  or  way  can  be 
acquired,  at  what  total  maximum  cost,  including  all 
outlays  of  every  nature  and  kind  necessary  to  com- 
plete the  same  ready  for  operation,  that  the  same  can 
be  operated  by  the'  city  and  county  at  a  profit  or  ad- 
vantage in  quality  or  cost  of  service  to  the  consumers, 
stating  wherein  such  profit  or  advantage  consists, 
and  that  such  public  utility,  work  or  way  can  be 
paid  for  out  of  its  net  earnings,  in  not  to  exceed  fifty 
years,  the  mayor  and  council  shall  obtain  and  con- 
sider the  legal  opinion  of  the  attorney  on  all  matters 
of  law  involved  in  such  proposition. 

Section  256.  The  mayor  shall  thereupon  endorse 
his  concurrence  or  non-concurrence  upon  the  same, 
and  he  shall  forthwith  return  the  same  to  the  board 
and  the  board  shall  thereupon  prepare  full  specifica- 
tions, plans  and  details,  if  such  are  necessary,  to- 
gether with  a  revised  estimate  of  said  total  maximum' 
cost,  and  shall  prepare  and  recommend  to  the  coun- 
cil a  bill  for  an  ordinance  providing  for  the  acqui- 
sition of  such  public  utility,  work  or  way,  which 
ordinance  shall,  among  other  things,  provide  the 
full  general  description  of  the  proposed  public 
utility,  work  or  way,  the  said  revised  total  maxi- 
mum estimated  cost  thereof,  the  manner  in  which 
such  public  utility,  work  or  way  shall  be  acquired, 
whether  by  purchase,  condemnation,  construction, 
or  otherwise,  and  the  maximum  amount  of  bonds 
to  be  issued  and  the  number  of  installments  and 
time  when  such  bonds  shall  mature,  and  the  rate 
of  interest  thereon:  and  shall  authorize  the  acquisi- 
tion of  such  public  utility,  work  or  way,  in  the  man- 
ner so  stated  and  at  not  to  exceed  such  total  maxi- 
mum estimated  cost  therein  stated,  and  not  otherwise. 

Section  257.  Upon  the  passage  of  such  ordinance 
the  question  of  whether  or  not  such  bonds  shall  issue, 
shall  be  submitted  to  the  tax-paying  electors  who  shall 
have  paid  taxes  in  the  calendar  year  next  preceding. 


92 

and  if  a  majority  of  such  tax-paying  electors  voting" 
thereon  vote  in  favor  of  the  issuance  of  such  bonds, 
such  public  utility,  work  or  vraj,  shall  be  acquired 
under  and  pursuant  to  such  ordinance,  and  such  bonds 
shall  be  issued  and  such  bonds  or  the  proceeds  thereof 
used  in  payment  therefor  to  the  extent  necessary ;  such 
question  sliall  be  submitted  at  the  next  general  election 
occurring  not  earlier  than  ninety  days  after  the  pas- 
sage of  such  ordinance,  unless  the  council  shall  vote 
in  favor  of  submitting  such  question  at  a  special 
election,  when  it  shall  be  submitted  at  a  special  elec- 
tion not  earlier  than  ninety  days  after  the  passage 
of  such  ordinance.  More  than  one  such  question  may 
be  separately  submitted  at  the  same  election. 

Section  258.  The  cost  of  acquiring  any  public 
utilit}^,  work  or  way,  shall  be  paid  by  bonds  of  the 
city  and  county  to  be  issued  as  provided  by  ordinance, 
but  said  ordinance  shall  also  provide  for  a  sinking 
=fund  for  the  payment  of  interest  and  redemption  of 
bonds  as  they  mature;  Provided^  that  the  primary 
liability  to  pay  the  interest  and  principal  of.  said 
bonds  shall  remain  on  the  city  and  county,  notwith- 
standing such  sinking  fund. 

Section  259.  All  bonds  issued  under  the  pro- 
visions of  this  article  shall  mature  in  equal  five-yearly 
installments,  the  first  installment  to  mature  not  ear- 
lier than  five  years  and  the  last  installment  not 
later  than  fifty  years  from  the  date  of  original  issue, 
with  interest  at  not  to  exceed  four  per  centum  per  an- 
num, and  the  principal  and  interest  may  be  made 
payable  in  the  city  and  county  and  elsewhere,  as  may 
be  provided  in  the  ordinance  providing  for  the  ac- 
quisition of  such  public  utility,  work  or  way;  said 
bonds  may  be  used  in  whole  or  in  part,  or  may  be 
sold  in  whole  or  in  part  and  the  proceeds  thereof 
used,  as  far  as  required,  in  the  payment  for  such 
public  utility,  work  or  way,  but  no  such  bonds  shall 
be  used  or  sold  at  less  than  par,  with  accrued  interest, 
nor  sold  except  after  advertisement,  as  in  this  char- 


93 

ter  provided,  for  the  sale  of  public  improvement 
bonds,  and  such  bonds  and  the  interest  thereon  shall 
be  paid  by  the  treasurer,  without  a  warrant  from  the 
auditor.  ^  ■ 

Section  260,  The  treasurer  shall  open  a  separate 
account  for  each  public  utility,  work  or  way  so  ac- 
quired and  enter  therein  all  receipts  and  disburse- 
ments on  account  thereof,  and  all  moneys  so  received 
shall  be  paid  to  the  treasurer,  and  paid  out  by  him 
only  upon  the  warrant  of  the  board,  audited  by  the 
auditor,  except  as  otherwise  herein  provided. 

Section  261.  All  surplus  receipts  from  any  pub- 
lic utility,  work  or  way  so  acquired,  over  and  above 
operating*-  expenses,  shall  be  paid  into  a  sinking  fund 
to  be  kept  by  the  treasurer  on  account  of  such  public 
utility,  work  or  way,  and  all  bonds  and  coupons  shall 
be  paid  out  of  such  sinking  fund.  Whenever  there 
shall  be  a  surplus  in  the  sinking  fund  in  excess  of  the 
next  installment  of  maturing  bonds  and  interest  on 
all  outstanding  bonds  to  the  next  interest  payment, 
such  surplus  may  be  invested  in  bonds  of  the  city  and 
county  at  not  above  their  market  value,  nor  above  par 
with  accrued  interest,  or  it  may  be  used  in  redeem- 
ing outstanding  bonds  maturing  at  any  future  pe- 
riod, at  not  more  than  their  market  value,  nor  more 
than  their  par  value  with  accrued  interest.  As  soon 
as  all  the  outstanding  bonds,  with  interest,  shall  have 
been  so  paid  out  of  the  sinking  fund,  or  there  shall  be 
suflflcient  money  in  such  sinking  fund  to  pay  the  same, 
principal  and  interest,  the  balance  remaining  in  the 
sinking  fund  and  all  net  earnings  thereafter  shall  be 
paid  into  the  general  fund,  unless  some  or  all  thereof 
shall  be  needed  for  improvements  or  betterments,  in 
which  event  the  council  may  appropriate  the  same  as 
may  be  required. 

Section  262.  All  rights  of  way  and  easements 
which  shall  be  necessary  in  or  about  the  acquisition 
of  such  public  utility,  work  or  way,  shall  be  acquired 
in  the  manner  provided  for  the  acquisition  of  such 


94 

rights  of  way  and  easements  in  the  case  of  public 
improvements,  and  all  condemnation  proceedings 
shall  be  as  provided  by  law. 

Section  263.  The  council  shall  fix  the  rates  for 
the  service  to  be  rendered  by  each  such  public  utility, 
work  or  way,  but,  until  such  public  utility,  work  or 
way  shall  have  been  fully  paid,  or  its  payment  pro- 
vided for,  by  said  sinking  fund,  as  aforesaid,  such 
rates  shall  never  be  less  than  sufficient,  annually,  to 
pay  all  cost  of  maintenance  and  operation,  plus  ac- 
cruing interest  on  all  outstanding  bonds,  and  plus 
such  pro  rata  amount  of  the  principal  of  the  total 
issue  of  bonds  as  shall  be  necessary  to  produce  the 
principal  of  each  installment  of  bonds  as  such  in- 
stallments mature,  and  if  during  any  one  year  the 
rates  charged  shall  prove  insufficient  for  such  pur- 
pose, they  shall  be  increased  for  the  next  succeeding 
year  sufficiently  to  pay  such  deficiency;  and  after  all 
of  said  bonds  and  interest  shall  have  been  fully  paid, 
the  rates  shall  never  be  less  than  sufficient  to  pay  for 
all  expenses  of  maintaining  and  operating  such  pub- 
lic utility,  work  or  way. 

Section  264.  The  board  of  public  works  shall 
have  full  charge  and  control  of  all  public  utilities, 
works  and  ways  which  may  be  acquired  and  shall  per- 
form all  duties  in  any  way  connected  with  the  main- 
tenance, improvement  and  operation  of  the  same. 

ARTICLE  X. 

FRANCHISES. 

Section  265.  No  franchise  relating  to  any  street, 
alley  or  public  place  of  the  city  and  county  shall  be 
granted  except  upon  the  vote  of  the  qualified  tax-pay- 
ing electors,  and  the  question  of  its  being  granted 
shall  be  submitted  to  such  vote  upon  deposit  with  the 
treasurer  of  the  expense  (to  be  determined  by  the 
treasurer)  of  such  submission  by  the  applicant  for 
said  franchise. 


95 

Section  266.  All  franchises  or  privileges  here- 
after granted  to  corporations  or  individuals  shall  be 
limited  to  twenty  years  from  the  granting  of  the 
same,  and  such  franchises  or  privileges  so  granted 
shall  plainly  specify  on  what  particular  streets,  al- 
leys or  avenues  the  same  shall  apply;  and  no  fran- 
chises or  privileges  shall  hereafter  be  granted  by  the 
city  and  county  in  general  terms  or  to  apply  to  the 
city  and  county  generally. 

Section  267.  No  ordinance  submitting  any  fran- 
chise shall  be  put  on  its  final  passage,  in  either  board, 
within  thirt^^  days  of  its  introduction  or  initiation, 
nor  until  the  bill  therefor  has  been  published  not  less 
than  five  consecutive  times  in  some  daily  newspaper 
published  in  the  city  and  county.  No  exclusive  fran- 
chise shall  be  granted. 

Section  268.  All  power  to  regulate  the  charges 
for  service  by  public  utility  corporations,  is  hereby 
reserved  to  the  people,  to  be  exercised  by  them  in  the 
manner  herein  provided  for  initiating  an  ordinance. 

Section  269.  The  council  may  grant  a  license  or 
permit  at  any  time,  in  or  to  any  street,  alley  or  public 
place,  provided  such  license  or  permit  shall  be  re- 
vocable at  any  time,  and  such  right  to  revoke  shall 
be  expressly  reserved  in  every  license  or  permit  which 
may  be  granted  hereunder. 

ARTICLE  XI. 

PUBLIC  IMPROVEMENTS. 

Section*  270.  The  city  and  county  shall  have 
power  to  contract  for  and  make  local  improvements, 
and  to  assess  the  cost  thereof  wholly  or  in  part  upon 
the  property  especially  benefited,  as  hereinafter  pro- 
vided. All  contracts  for  public  improvements  shall 
be  awarded  by  the  mayor,  upon  the  recommendation 
of  the  board  of  public  works  (hereinafter  designated 
the  "board"),  and  the  improvements  shall  be  con- 
in 


96 

accordance  with  specifications  prescribed  by  the 
board. 

In  all  cases  when  the  cost  of  local  improvements 
is  to  be  assessed  wholly  or  in  part  upon  the  property 
benefited,  the  same  shall  be  constructed  by  independ- 
ent contract  or  contracts ;  but  other  public  improve- 
ments may  be  constructed  by  day  labor  under  the 
direction  of  the  board. 

Section  271.  Whenever  the  board  shall  by  reso- 
lution order  any  of  the  local  improvements  herein 
mentioned,  the  same  shall  be  authorized  by  ordinance, 
which  ordinance  shall  be  in  the  form  recommended  by 
the  board,  by  endorsement  thereon,  and  shall  not  be 
subject  to  amendment  by  the  council. 

Section  272.  The  board  may,  in  districts  to  be 
prescribed  by  the  board,  order  the  paving  (the  term 
"paving"  wherever  used  in  this  charter  shall  include 
macadamizing),  grading,  curbing,  guttering,  surfac- 
ing with  an  average  thickness  of  three  inches  of  suit- 
able material,  and  the  construction  and  re-construc- 
tion of  sidewalks  upon,  and  otherwise  improving  of, 
the  whole  or  any  part  or  parts  of  any  street  or  streets, 
alley  or  alleys,  or  streets  and  alleys,  in  the  city  and 
county,  or  any  combination  of  the  said  improvements, 
including  the  necessary  grades,  cross-walks,  culverts, 
drains,  readjusting  man-holes  and  catch-basins,  and 
such  other  incidentals,  including  incidental  storm 
sewers  in  the  case  of  paving,  as  the  board  may  pre- 
scribe; and  the  board  may  thereafter,  under  the  con- 
ditions herein  prescribed,  do  such  further  grading  as 
may  be  necessary  in  paving  or  otherwise  improving 
the  same  area;  Provided: 

First:  Before  ordering  the  improvements  men- 
tioned in  this  section,  or  any  of  them,  the  board  shall 
adopt  full  details  and  specifications  for  the  same,  per- 
mitting and  encouraging  competition,  determine  the 
number  of  installments  and  time  in  which  the  cost 
shall  be  payable,  the  rate  of  interest  on  unpaid  install- 
ments, and  the  district  of  lands  to  be  assessed  for  the 


97 

same,  as  in  this  article  provided ;  and  shall  cause  the 
engineer  to  make  an  estimate  of  the  total  cost  of  such 
improvements,  exclusive  of  the  per  centum  for  cost 
of  collection  and  other  incidentals,  and  of  interest  to 
the  time  the  first  installment  comes  due,  and  a  map 
of  the  district  to  be  assessed,  from  which  map  the 
approximate  share  of  said  total  cost  that  will  be  as- 
sessed upon  each  piece  of  real  estate  in  the  district 
may  be  readily  ascertained ;  and  no  contract  shall  be 
let  for  any  amount  exceeding  the  total  estimate  of 
the  engineer. 

Second:  The  board  shall  by  advertisement  for 
ten  consecutive  days,  exclusive  of  Sundays  and  other 
legal  holidays,  in  two  daily  newspapers  of  general  cir- 
culation, published  in  the  city  and  county,  give  notice 
to  the  owners  of  the  real  estate  in  the  district  and  to 
all  persons  interested,  generally,  and  without  naming 
such  owners  or  persons,  of  the  kinds  of  improvement 
proposed  (without  mentioning  minor  details  or  inci- 
dentals), the  number  of  installments  and  time  in 
which  the  cost  of  the  improvements  will  be  payable, 
the  rate  of  interest  on  unpaid  installments,  the  extent 
of  the  district  to  be  assessed  (by  boundaries  or  other 
brief  description),  the  probable  cost  as  shown  by  the 
total  estimate  of  the  engineer,  the  maximum  share  of 
said  total  estimate  per  front  foot,  where  the  assess- 
ment is  made  per  front  foot,  or  per  square  foot  or  or- 
dinary lot  of  twenty-five  by  one  hundred  and  twenty- 
five  feet,  where  the  assessment  is  made  according  to 
area,  that  will  be  assessed  upon  any  lot  or  lands  in 
the  district  (and  in  case  the  assessment  shall  be  made 
otherwise  than  per  front  foot  or  square  foot,  the  said 
maximum  share  to  be  assessed  upon  any  lot  or  lands 
in  the  district  or  to  any  persons  shall  be  stated  accord- 
ing to  the  method  of  assessment  adopted  in  the  dis- 
trict), and  the  jtime,  not  less  than  sixty  (60)  days 
after  the  first  publication  when  the  board  will  con- 
sider the  ordering  of  the  proposed  improvements  and 
hear  all  complaints  and  objections  that  may  be  made 


98 

in  writing  concerning  the  proposed  improvements,  by 
the  owner  of  any  real  estate  to  be  assessed,  or  any 
persons  interested,  that  said  map  and  estimate  and  all 
proceedings  of  the  board  in  the  premises  are  on  file 
and  can  be  seen  and  examined  at  the  office  of  the 
board  during  business  hours,  at  any  time  within  said 
period  of  sixty  ( 60 )  days,  by  any  person  interested. 

Third :  If  the  owners  of  one-third  of  the  front- 
age of  the  real  estate  to  be  assessed  shall  petition  for 
paving,  and  name  the  kind  of  paving,  whether  asphalt, 
macadam,  stone,  brick  or  any  other  kind  of  substan- 
tial paving,  then  the  improvements  shall  be  ordered ; 
Provided,  the  board  shall  deem  such  proposed  improve- 
ment good  and  sufficient  for  the  particular  locality,  and 
the  kind  of  pavement  so  named  shall  be  used,  except 
that  no  petition  or  specifications  shall  name  any  ma- 
terial from  any  specified  locality,  quarry  or  kiln  or  of 
any  particular  name,  make,  brand  or  source.  The 
petition  must  be  subscribed  and  acknowledged  in  the 
manner  provided  by  law  for  acknowledgments  of 
deeds  of  conveyance  of  real  estate,  by  the  owners  or 
their  agents  duly  thereunto  authorized  by  power  of 
attorney  acknowledged  in  like  manner,  of  one-third  of 
the  frontage  of  the  real  estate  to  be  assessed  for  the 
same.  No  petitioner,  his  heirs  or  assigns,  shall  be 
permitted  to  withdraw  his  name  from  the  petition 
after  the  same  has  been  tiled  with  the  board,  unless 
the  board  fails  to  order  such  improvements,  upon 
such  petition,  within  nine  months  from  the  time  the 
petition  is  so  filed.  All  requests  for  withdrawal  must 
be  subscribed  and  acknowledged  as  aforesaid. 

Every  petition  shall  state  the  maximum  cost  per 
front  foot,  exclusive  of  interest  and  cost  of  collection, 
for  the  entire  improvement  when  completed,  and  the 
amount  so  named  shall  not  be  exceeded.  All  mat- 
ters contained  in  the  petition,  except  the  naming  of 
the  kind  of  pavement,  as  aforesaid,  and  of  the  maxi- 
mum cost,  as  aforesaid,  may  be  disregarded  by  the 
board,  and  any  one  or  more  of  the  other  improvements 


mentioned  in  this  section  may  be  added  by  the  board, 
if  the  maximum  cost  is  not  exceeded. 

Where  the  paving  petitioned  for  in  any  number 
of  petitions  is  substantially  the  same,  the  improve- 
ment may  be  included  in  one  district,  but  in  such  case 
each  petition  shall  be  considered  as  a  unit  for  the 
purpose  of  petition  and  remonstrance,  and  may  be 
considered  as  a  unit  for  any  other  purposes,  as  the 
board  may  direct. 

But  no  petition  shall  be  required  to  authorize  the 
board  to  order  any  paving  mentioned  in  this  section ; 
Provided,  that  no  paving,  alone  or  in  combination 
Avith  other  improvements,  unless  a  petition  there- 
for has  been  filed  as  aforesaid,  shall  be  ordered  if  the 
amount  to  be  assessed  therefor,  upon  any  piece  of 
real  estate,  shall  exceed  one-half  its  valuation  for 
assessment  for  general  taxes  for  the  year  preceding 
the  proposed  order;  Provided,  that  if,  owing  to 
peculiar  conditions,  only  exceptional  pieces  of  real 
estate  will  be  so  affected,  the  city  and  county  may 
assume  and  pay  such  excess,  or  the  improvement  of 
such  pieces  of  real  estate  may  be  excepted  from  the 
district  and  the  improvement  ordered.  And,  Pro- 
vided, further,  that  except  on  petition,  no  paving 
district  shall  include  more  than  twelve  (12)  blocks 
of  street,  with  intersections. 

Fourth.  If  within  the  time  specified  in  said 
notice  a  remonstrance  against  the  making  of  all  the 
improvements  proposed  shall  be  filed  with  the  board, 
subscribed  and  acknowledged  as  above  provided  for 
petitions,  by  the  owners  of  not  less  than  thirty-five 
per  centum  of  the  frontage  of  the  real  estate  to  be 
assessed  for  paving  alone,  or  for  paving  in  combina- 
tion with  other  improvements,  or  by  the  owners  of  a 
majority  of  the  frontage  of  the  real  estate  to  be 
assessed  for  any  other  improvement  or  combination 
of  improvements,  without  paving,  the  improvements 
shall  not  be  made;  Provided,  that  the  construction  of 
sewers  shall  not  be  subject  to  remonstrance. 


100 


No  owner,  his  heirs  or  assigns,  who  shall  have 
signed  and  not  Avithdrawn  from  a  paving  petition 
before  the  same  is  filed  with  the  board,  shall  be  per- 
mitted to  sign  a  remonstrance  against  the  paving 
proposed. 

Fifth.  In  all  specifications  for  material  to  be 
used  in  public  improvements  of  every  kind  the  board 
shall  establish  a  standard  of  purity,  strength  and 
quality,  to  be  demonstrated  by  physical  and  chemical 
tests  within  limits  of  reasonable  variations,  such  as 
rattler,  crushing,  absorption,  chemical  and  other  tests, 
and  in  every  instance  the  material  shall  be  described 
in  the  specifications  either  by  standard  or  quality, 
as  will  admit  of  genuine  competition  between  contrac- 
tors, so  that  there  can  be  at  least  two  or  more  bids 
by  individuals  or  companies  in  no  manner  connected 
with  each  other,  and  no  material  shall  be  specified 
which  shall  not  be  subject  to  such  competition. 

Sixth.  All  the  proceedings  by  the  board  may 
be  modified,  confirmed  or  rescinded  by  the  board  at 
any  time  prior  to  the  passage  of  the  ordinance  author- 
izing the  improvements ;  Provided,  that  no  substantial 
change  in  the  district,  map,  details,  specifications  or 
estimate  shall  be  made  by  the  board  after  the  first 
publication  of  the  notice  to  property  owners. 

Seventh.  In  all  cases  of  paving,  the  specifica- 
tions and  contract  shall  provide  that  bidders  shall 
guarantee  that  the  paving  shall  remain  in  good  order 
and  repair  for  a  period  of  five  years,  and  to  make  all 
necessary  repairs  during  such  period  without  further 
compensation;  Provided,  that  in  case  of  macadam- 
izing, the  guaranty  shall,  after  two  years,  extend 
only  to  the  maintaining  of  a  perfect  grade,  sur- 
face and  foundation,  and  not  to  any  diminution  of 
the  thickness  of  the  original  pavement  by  wear  and 
tear ;  in  case  of  cement  concrete  curb,  gutter  or  side- 
walk, the  specifications  and  contract  shall  provide  for 
a  guaranty  of  two  years;  and  the  board  may  provide 


101 

for  a  guaranty  for  a  reasonable  time,  not  to  exceed 
two  years,  of  all  other  work. 

Eighth.  If  at  the  time  of  the  passage  of  the  ordi- 
nance authorizing  the  improvements  for  any  district, 
any  piece  of  real  estate  in  the  district  has  the  whole 
or  any  part  of  the  proposed  improvements,  conform- 
ing or  approximately  conforming  to  the  general  plan, 
the  board  may  adopt  the  same,  in  whole  or  in  part, 
or  make  the  necessary  changes  to  make  the  same  con- 
form to  the  general  plan,  and  the  owner  of  such  real 
estate  shall,  when  the  assessment  is  made,  be  cred- 
ited with  the  amount  which  is  saved  by  reason  of 
adopting  or  adapting  such  existing  improvements. 

Ninth.  The  finding  of  the  council  by  ordinance, 
that  any  improvements  provided  for  in  this  article 
were  duly  ordered  after  notice  duly  given,  or  that  a 
petition  or  remonstrance  was,  or  was  not  filed,  or  was 
or  was  not  duly  subscribed  and  acknowledged  by  the 
required  number  of  owners,  as  in  this  article  provided, 
shall  be  conclusive  in  every  court  or  other  tribunal. 

Section  273.  In  case  of  the  improvement  of  any 
street  as  hereinabove  provided,  except  as  otherwise 
provided  in  this  article,  the  cost  of  the  improve- 
ments, except  in  the  intersection  of  the  streets  and 
alleys,  and  except  the  share  to  be  paid  by  street  or 
other  railway  companies,  shall  be  assessed  upon  all 
the  lots  and  lands  abutting  on  the  streets  improved, 
in  proportion  as  the  frontage  of  each  lot  or  tract  of 
land  is  to  the  frontage  of  all  the  lots  and  lands  so 
improved,  the  sides  of  corner  lots,  which  sides  abut 
on  the  streets  so  improved,  being  regarded  as  front- 
age; Provided,  that  where  the  lots  or  lands  abutting 
on  the  street  improved  are  not  of  substantially  equal 
depth,  or  where  any  of  such  lots  or  lands  are  less  than 
one  hundred  and  fifty  feet  in  depth,  then  if  the  board 
so  determine,  the  real  estate  abutting  on  the  street 
improved  may  be  assessed  to  a  substantially  equal 
depth,  not  less  than  twenty  and  not  more  than  one 


102 

hundred  and  fifty  feet  from  the  street  improved,  with- 
out regard  to  lot  or  land  lines,  as  the  board  may  deter- 
mine; and  in  all  such  cases  the  board  may  divide  the 
depth  of  the  real  estate  so  to  be  assessed  into  from 
two  to  six  zones,  parallel  with  the  street  improved, 
and  a|)portion  the  amount  to  be  paid  for  the  entire 
depth  to  the  different  zones,  in  proportion  to  the  bene- 
fits received  by  each  zone,  and  wherever  a  lot  or  land 
line  lies  within  such  zone,  the  board  may  determine 
the  proportion  to  be  paid  upon  the  real  estate  lying 
on  each  side  of  such  line  within  the  zone;  Provided, 
that  in  improvement  districts  for  the  combined  grad- 
ing, curbing,  guttering  and  surfacing  (and  any 
other  improvements  mentioned  in  section  272  hereof, 
which  may  be  included)  of  any  street  which  consti- 
tutes or  is  suitable  for  a  general  thoroughfare  or 
boulevard,  the  whole  or  any  part  of  the  cost  of  either 
grading  or  surfacing,  or  both,  may  be  paid  for  by  the 
city  and  county  out  of  the  general  revenue,  as  may 
be  provided  by  ordinance,  and  the  remainder  of  the 
total  cost  of  such  Combined  improvements  shall  be 
assessed  and  paid  for  as  in  other  cases  of  grading, 
curbing,  guttering  and  surfacing. 

Section  274.  In  case  of  the  improvement  of  any 
street,  except  as  otherwise  provided  herein,  the  cost 
of  the  improvements  in  each  street  intersection, 
except  the  share  to  be  paid  by  street  or  other 
railway  companies,  shall  be  assessed  upon  all  the 
frontage  on  the  street  improved,  and  on  the  inter- 
secting streets  within  a  distance  of  one-half  block 
in  each  direction  from  such  intersection,  in  propor- 
tion to  the  frontage  of  each  piece  of  real  estate  on  the 
street  improved  or  on  any  intersecting  street,  or  on 
both,  within  said  distance;  and  the  cost  of  each  alley 
intersection  shall  be  assessed  upon  all  the  real  estate 
in  the  same  block  in  proportion  to  the  frontage  on 
the  street  improved. 

Section  275.  The  paving  of  any  alley  or  alleys 
connecting  with  any  paved  street,  when  ordered  by 


103 

the  board,  shall  not  be  the  subject  of  remonstrance, 
but  owners  of  the  frontage  to  be  assessed  shall  have 
the  right  to  present  objections  to  such  paving,  as 
herein  provided. 

Section  276.  When  any  real  estate  is  "V" 
shaped  or  of  any  irregular  form,  the  council  may, 
upon  the  recommendation  of  the  board,  make  such 
allowance  in  the  assessment  thereon  as  to  them  may 
seem  equitable  and  just,  or  may  refuse  to  make  any 
allowance;  and  in  case  of  any  unusual  area  or  pro- 
portion of  intersections  the  board  may  order  not  to 
exceed  one-half  of  the  cost  of  such  intersections  to 
be  paid  by  the  city  and  county,  and  the  remainder 
only  shall  in  such  case  be  assessed. 

Section  277.  The  term  "street,"  as  used  in  this 
article,  shall  include  avenues,  boulevards  and  other 
highways ;  the  term  "real  estate"  shall  be  held  to  mean 
all  lands,  whether  platted  or  unplatted,  regardless  of 
lot  or  land  lines.  Lots,  plots,  blocks  and  other  sub- 
divisions may  be  designated  in  accordance  with  any 
recorded  plat  thereof,  and  unplatted  lands  by  any  def- 
inite description. 

SIDEWALKS. 

Section  278.  In  districts  for  the  construction 
and  reconstruction  of  sidewalks  alone,  or  in  combi- 
nation with  other  improvements,  the  work  shall  in- 
clude the  necessary  grading  from  curb  line  to  lot 
line.  'The  owners  shall  have  the  right  to  construct  or 
reconstruct  their  own  walks,  in  conformity  with  the 
plans  and  specifications  for  the  district,  within  thirty 
days  from  the  publication  of  the  ordinance  creating 
the  district,  upon  the  deposit  with  the  treasurer  of 
the  city  and  county  of  the  approximate  pro  rata  share 
of  the  total  cost  of  the  district,  excepting  construc- 
tion, reconstruction  and  grading,  to  be  fixed  by  the 
board,  and  when  such  cost  is  definitely  ascertained  the 
excess  deposited  shall  be  returned.  And  whenever 
sidewalks  are  ordered,  in  combination  with  improve- 
ments other  than  grading  sidewalk  areas,  a  separate 


104 

contract  shall  be  let  for  the  construction  and  recon- 
struction of  the  sidewalks,  exclusive  of  the  necessary 
grading. 

Section  279.  The  whole  cost  of  construction  and 
reconstruction,  including  intersections  and  necessary 
grading  and  removal  of  obstructions,  shall  be  assessed 
upon  the  lots  or  lands  in  front  of  which  such  im- 
provements are  made,  as  follows:  The  grading,  re- 
moval of  obstructions,  intersections  and  all  other  gen- 
eral expenses,  including  cost  of  collection  and  inter- 
est, pro  rata  per  front  foot;  new  walks  pro  rata  per 
front  foot  where  constructed;  and  reconstructed 
walks  upon  each  lot  or  piece  of  land  where  recon- 
structed according  to  the  cost  of  reconstruction. 

Section  280.  The  board  may  order  the  construc- 
tion or  reconstruction  of  sidewalks  otherwise  than  in 
districts,  whenever  in  the  opinion  of  the  board  it  shall 
be  proper,  because  suflicient  sidewalks  have  been  laid 
in  the  vicinity,  to  make  it  reasonable  that  interven- 
ing sidewalk  areas  should  be  provided  with  sidewalks, 
or  existing  sidewalks  should  be  reconstructed;  in  all 
such  cases  the  board  shall  notify  the  owner  or  his 
agent  to  construct  or  reconstruct  such  walks  within 
thirty  days  from  the  date  of  the  service  of  fmc\i  no- 
tice. Said  notice  shall  be  in  writing  and  served  in 
person  upon  the  owner,  if  found  within  the  city  and 
county,  and  if  not,  it  may  be  served  by  registered 
United  States  mail  or  by  publication  for  ten  days  in 
some  daily  newspaper  published  in  the  city  and 
county.  Whenever  the  owner  shall  be  in  default  the 
board  may  have  the  required  work  done  by  day  labor 
or  contract,  and  when  done,  issue  to  the  person  doing 
the  work  its  certificate  therefor,  stating  the  just 
amount  due  him,  which  certificate  shall  draw  inter- 
est at  the  rate  of  one  per  centuuj  per  month  until 
paid,  and  when  recorded  in  the  office  of  the  recorder, 
shall  be  a  lien  upon  the  property  in  front  of  which 
the  work  was  done,  and  said  amount  may  be  recov- 
ered by  the  holder  of  the  certificate  against  the  owner 


105 

in  any  court  of  law,  and  said  lien  may  be  foreclosed 
by  the  holder  of  such  certificate,  if  not  paid  within 
thirty  days  from  its  date. 

The  council  may,  by  ordinance,  provide  any  fur- 
ther means  for  compelling  the  owners  of  such  prop- 
erty to  do  the  work  in  this  section  mentioned  and  re- 
ferred to. 

Section  281.  All  sidewalks  ordered  by  the  board 
shall  be  laid  to  the  official  grade,  unless  the  owners 
of  at  least  three-fourths  of  the  frontage  on  any  side 
of  one  block  request  that  the  sidewalks  on  such  front- 
age be  laid  otherwise  than  to  official  grade,  and  the 
board  shall  deem  such  request  reasonable. 

SEWEKS. 

Section  282.  The  city  and  county  may  establish 
and  maintain  separate  or  combined  sewer  systems, 
which  systems  shall  be  divided  into  district  and  sub- 
district  sewers  for  storm  drainage,  sanitary  drainage, 
or  both. 

Section  283.  Said  sewers  shall  be  established 
and  constructed  at  such  time,  in  such  locations,  or 
such  extent,  dimensions  and  materials,  and  in  accord- 
ance with  such  full  details  and  specifications  as  may 
be  prescribed  by  the  board.  Wherever  necessary, 
lights  of  way  for  any  sewers  authorized  by  this  article 
may,  upon  the  order  of  the  board,  be  purchased  or 
condemned  on  behalf  of  the  district,  and  the  cost 
charged  to  such  district. 

Section  284.  The  board  may  order  the  construc- 
tion of  district  sewers  and  appurtenances  for  sanitary 
drainage  for  districts  to  be  known  as  sanitary  sewer 
districts;  the  construction  of  district  sewers  and  ap- 
purtenances for  storm  drainage  for  districts  to  be 
known  as  storm  sewer  districts;  the  construction  of 
district  sewers  and  appurtenances  for  storm  and  sani- 
tary drainage  for  districts  to  be  knownras  combined 
sewer  districts;  the  construction  of  intercepting  sew- 


106 

ers  and  appurtenances  for  storm  drainage,  sanitary 
drainage  or  both,  for  districts  to  be  known  as  intercept- 
ing sewer  districts,  and  th^  construction  of  district  sew- 
ers and  appurtenances  for  sanitary  drainage  for  dis- 
tricts to  be  known  as  special  sanitary  sewer  districts, 
the  same  to  be  approved  by  ordinance  passed  by  a  two- 
thirds  vote  of  the  council.  Such  sewers  shall  be  con- 
structed so  as  to  connect,  within  or  without  the  dis- 
trict, with  some  other  or  sufficient  sewer  or  with  some 
natural  drainage.  Such  districts,  except  special  sani- 
tary sewer  districts,  may  be  composed  of  subdistricts, 
to  be  specifically  named  or  numbered  in  said  ordi- 
nance. District  sewers,  except  as  hereinafter  pro- 
vided, shall  include  all  submains  necessary  to  provide 
outlets  for  all  subdistrict  laterals  within  the  district. 
Special  district  sewers  shall  include  the  necessary 
mains  to  provide  outlets  for  all  laterals  within  the 
special  sewer  district. 

Section  285.  The  board  may,  at  the  time  of  or- 
dering the  construction  of  district  sewers,  or  at  any 
time  or  times  thereafter,  order  the  construction  of  sub- 
district  laterals  in  any  of  such  subdistricts,  so  as  to 
connect  the  same  with  the  submains  or  with  the  dis- 
trict sewer,  the  same  to  be  approved  by  ordinance  as 
in  the  case  of  district  sewers. 

Section  286.  The  cost  of  district  sewers  shall  be 
assessed  upon  all  the  real  estate  in  the  district,  in  pro- 
portion as  the  area  of  each  piece  of  real  estate  in  the 
district  is  to  the  area  of  all  of  the  real  estate  in  the 
district,  exclusive  of  public  highways,  and  the  cost  of 
subdistrict  laterals  shall  be  assessed  in  like  manner 
upon  all  the  real  estate  in  the  subdistrict;  Provided, 
that  the  construction  of  any  submain  may  be 
omitted  until  such  time  as  it  may  be  required,  in 
which  case  subdistricts  so  left  without  submains  shall 
not  be  assessed  for  any  part  of  the  costs  of  submains 
constructed  along  with  and  as  a  part  of  the  district 
sewer.  Wheiiever  submains  so  omitted  are  required, 
their  construction  mav  be  ordered  as  in  this  article 


107 

provided  for  other  sewers,  and  their  cost  shall  be  as- 
sessed to  the  subdistricts  which  are  thus  supplied  with 
submains. 

Section  287.  Temporary  connections  may  be 
made  with  any  sewer  from  property  lying  without  dis- 
tricts, with  the  consent  of  the  board  and  upon  such 
terms  as  the  board  may  require. 

Section  288.  Private  sewers  connecting  with 
district  sewers  may  be  constructed  under  such  restric- 
tions and  subject  to  such  regulations  as  may  be  pre- 
scribed by  the  board,  but  no  expense  shall  be  incurred 
by  the  city  and  county  in  constructing  or  maintaining 
them;  and  the  city  and  county  shall  have  power  by 
ordinance  to  compel  the  owners  of  any  premises  in  any 
sewer  district  or  subdistrict  to  connect  the  same  with 
the  district  or  subdistrict  sewer  at  their  own  expense. 

Section  289.  In  ordering  the  construction  of 
sewers,  the  board  shall  proceed  as  required  in  the  first, 
second  and  sixth  provisos  of  section  272  hereof,  but 
the  construction  of  siich  sewers  shall  not  be  subject  to 
petition  or  remonstrance. 

Section  290.  The  city  and  county  may  extend 
and  maintain  any  existing  public  sewer  or  any  dis- 
trict scAver  main  hereafter  constructed,  from  its  out- 
let to  any  point  within  or  without  the  city  and  county. 
Such  sewer  extensions  shall  be  established  and  con- 
structed at  such  times,  in  locations  within  or  without 
the  city  and  county,  of  such  extent,  dimensions  and 
material,  and  in  accordance  with  such  full  details 
and  specifications  as  may  be  prescribed  by  the  board. 
Necessar}^  rights  of  way  may,  upon  the  order  of  the 
board,  be  purchased  or  condemned  on  behalf  of  the 
city  and  county,  and  the  whole  cost  thereof,  sewer  and 
rights  of  way,  shall  be  paid  by  the  city  and  county. 

Section  291.  No  lots  in  any  sewer  district  shall 
be  connected  with  the  district  sewer  unless,  before 
completion  the  estimated  cost,  or,  after  completion, 
the  assessment  has  been  paid. 


108 

Section  292.  If  in  any  sewer  district  any  assess- 
ments upon  the  lots  therein  for  the  construction  of  a 
sewer  therein  has  in  any  court  of  competent  jurisdic- 
tion been  held  illegal,  the  owner  of  any  lot  in  sucli 
district  shall  only  be  permitted  to  connect  with  or 
use  such  sewer  upon  payment  into  the  treasury  for 
the  use  of  the  holders  of  the  warrants  or  bonds  issued 
for  the  construction  of  such  sewer,  or  if  such  warrants 
have  been  taken  up,  then  into  the  general  fund  of  the 
city  and  county,  such  amount  as  may  be  fixed  by 
ordinance.  « 

VIADUCTS  AND  TUNNELS. 

Section  293.  The  board  may  order  the  construe 
tion  of  viaducts  and  tunnels  in  such  locations,  of  such 
character  and  material,  including  paving  and  suitable 
approaches,  and  in  accordance  with  such  specifica- 
tions, as  may  be  prescribed  by  the  board ;  and  unless 
otherwise  ordered  by  the  board  and  the  council,  the 
entire  cost  thereof  shall  be  assessed  upon  the  districts 
benefited  thereby,  as  hereinafter  provided. 

Such  districts  may  be  created  by  ordinance  upon 
the  recommendation  of  the  board,  as  provided  in  sec- 
tion 271  hereof;  and  may  include  or  except  the  real 
estate,  or  any  part  thereof,  lying  between  the  termini 
or  between  lines  intersecting  the  termini  of  such  im- 
provements, and  any  real  estate  so  excepted  shall  be 
designated  on  the  map  as  "excepted"  from  said  dis- 
trict; Provided,  that  if  approaches  approved  by  the 
board  are  constructed  between  such  termini,  no  real 
estate  between  the  termini  accessible  from  such  ap- 
proaches shall  be  excepted ;  or  if  being  excepted,  such 
approaches  are  afterwards  constructed,  then  the 
whole  cost  of  the  approaches  shall,  in  like  manner 
and  upon  like  notice  be  assessed  upon  the  real  estate 
so  excepted,  together  with  such  additional  amounts 
as  may  be  apportioned  by  ordinance,  upon  recom- 
mendation of  the  board,  as  the  share  of  the  cost  of 
the  principal  structure  to  be  borne  by  the  territory  so 
excepted,  the  same  to  be  credited  to  the  remainder 


109 

of  the  district  after  bearinos,  as  the  same  may  be  pro- 
vided for  by  ordinance.  The  term  "tunnels,"  as  used 
in  this  charter,  shall  be  held  to  include  open  cuts. 

Section  294.  The  proceedings  shall  be  as  re- 
([uired  in  the  first,  second  and  sixth  provisos  of  sec- 
tion 272  hereof;  and  if,  within  the  time  specified  in 
the  advertisement  of  the  board,  a  remonstrance  shall 
be  filed  with  the  board,  subscribed  and  acknowledged 
as  provided  in  the  third  proviso  of  section  272  hereof, 
by  the  owners  of  thirty-five  per  cent,  in  area  of  the 
real  estate  which  is  to  be  assessed  for  the  improve- 
ments, then  the  improvements  shall  not  be  made,  and 
the  proceedings  shall  not  be  renewed  for  six  months 
thereafter. 

No  viaduct  or  tunnel  constructed  in  pursuance 
of  this  article  shall  be  occupied  by  any  tracks  of  any 
kind,  or  used  by  cars  or  other  vehicles  of  any  kind 
propelled  upon  tracks  or  trams,  by  steam,  electricity, 
cable  or  other  power,  or  for  the  support  of  any  poles, 
wires,  pipes  or  other  conduits  of  any  kind,  except  only 
such  as  may  be  necessary  for  the  maintenance  of  such 
viaduct  or  tunnel,  or  used  as  a  means  of  immediate 
approach  to  any  saloon  or  other  place  where  intoxi- 
cating or  malt  liquors  are  sold  or  given  away,  except 
upon  a  petition-  of  the  owners  of  a  majority  in  area 
of  the  real  estate  which  is  or  is  to  be  assessed  for  the 
improvements,  unless  in  the  resolution  of  the  board 
ordering  the  improvements  and  in  the  ordinance  au- 
thorizing the  same,  provision  shall  be  made  for  such 
occupation  or  use;  but  no  such  provision  shall  be 
made,  and  no  right  shall  be  given  to  occupy  or  use 
such  viaduct  or  tunnel  for  any  such  purpose,  except 
for  a  reasonable  consideration,  to  be  specified  by  the 
board  and  the  council,  and  to  be  paid  into  the  treas- 
ury of  the  city  and  county  to  the  credit  of  such  dis- 
trict, or  otherwise  assured  to  the  satisfaction  of  the 
board,  at  or  before  the  time  of  executing  the  contract 
for  said  improvements;  and  in  such  case  the  balance 
only  of  the  cost  of  said  improvements  shall  be  assessed 


110 

upon  the  district  benefited,  as  provided  in  this  arti- 
cle. Failure  within  the  time  above  specified  to  pay 
for  such  privilege,  or  so  assure  said  consideration, 
shall  operate  as  a  waiver  of  such  privilege.  ' 

Section  295.  In  the  construction  of  viaducts  and 
tunnels  separate  bids  shall  be  advertised  for  and  sep- 
arate contracts  let  for  different  parts  of  the  improve- 
ment. For  the  purpose  of  constructing  viaducts  and 
tunnels  the  city  and  county  may,  upon  the  order  of 
the  board,  exercise  the  right  of  eminent  domain  and 
condemn,  take  or  damage  any  private  property  nec- 
essarily condemned,  taken  or  damaged  in  the  making 
of  said  improvements;  and  may  at  its  option,  take 
such  parts  only  of  the  property  as  may  be  necessary 
for  the  foundations  and  support  of  the  improvement, 
and  such  rights  of  way  over,  or  under,  and  such  ease- 
ments in,  such  property  as  maj^  be  necessary  for  the 
construction,  maintenance,  repairs  and  perpetual  use 
of  such  improvements. 

Section  296.  The  entire  cost  of  the  construction 
and  completion  of  such  viaducts  and  tunnels,  includ- 
ing approaches,  engineering,  clerical  expenses,  costs 
of  inspection,  interest  and  collection,  together  with 
the  costs  of  any  necessary  rights  of  way  and  of  any 
lands  so  taken  or  damaged,  less  any  amounts  paid  for 
the  privileges  above  mentioned,  and  less  any  amounts 
agreed  to  be  paid  by  the  city  and  county,  shall  be  as- 
sessed upon  all  the  real  estate  in  the  district,  benefited, 
exclusive  of  public  parks,  highways  and  natural  water 
courses,  and  upon  all  steam  railway  companies  whose 
tracks  are  crossed  by  the  improvement,  in  proportion 
to  the  benefits  to  each  piece  of  real  estate  or  to  such 
companies,  accruing  by  reason  of  the  improvement, 
and  in  accordance  with  such  rules  of  apportionment 
as  may  be  recommended  by  the  board  and  approved 
by  the  council. 

The  assessments  to  any  such  company  shall  be 
a  lien  upon  the  rights  of  way  so  crossed,  and  upon 
all  other  real  estate  of  such  companies,  respectively. 


Ill 

used  in  connection  with  such  rights  of  way  in  the 
city  and  county,  to  the  same  extent  and  with  the 
same  effect,  as  in  the  case  of  assessments  on  the  other 
real  estate  in  the  district,  and  shall  be  enforced  in 
like  manner. 

Section  297.  The  provisions  of  this  article  shall 
not  affect  the  power  of  the  council  to  require  railroad 
companies  to  construct  viaducts,  bridges  and  tunnels, 
or  parts  of  viaducts,  bridges  and  tunnels  and  their 
approaches  over,  along  or  under  their  tracks  at  their 
own  expense,  and  the  council  is  hereby  empowered, 
by  ordinance,  to  require  railroad  companies  to  con- 
struct, at  their  own  expense,  such  bridges  and  their 
approaches,  tunnels  or  other  conveniences  at  public 
crossings,  and  such  viaducts  and  their  approaches 
over  their  tracks  w^here  the  same  cross  or  extend 
along  public  highways  or  streets.  Whenever  the  board 
of  public  works  shall  deem  any  such  improvement 
necessary,  the  board  shall  recommend  a  bill  for  an 
ordinance  requiring  the  construction  of  such  improve- 
ment, the  character  and  location  of  such  proposed  im- 
provement to  be  therein  described  wath  sufiflcient  cer- 
tainty and  the  estimated  cost  thereof  to  be  stated; 
and  where  a  viaduct  or  tunnel  crosses  or  passes  un- 
der the  tracks  of  several  railroad  companies,  the 
board  of  public  works  shall  have  the  power  to  appor- 
tion the  cost  thereof  equitably  among  the  different 
companies  owning  the  said  tracks;  Provided,  that  no 
viaduct,  bridge  or  tunnel  shall  be  constructed  under 
this  section,  unless  the  council  shall  have  provided  for 
the  vacation  of  the  street  upon  the  completion  of  said 
viaduct,  bridge  or  tunnel  throughout  that  portion 
thereof,  over,  along  or  under  which  said  public 
improvement  is  proposed  to  be  constructed,  the  fee 
of  the  street  to  remain,  nevertheless,  in  the  city  and 
county.  The  provisions  of  this  section  shall  not  be 
construed  to  repeal,  modify  or  affect  any  ordinance 
now  existing  or  in  force  heretofore  passed  by  the  city 
council  of  the  city  of  Denver,  requiring  railroad  com- 


112 

panies  to  construct  a  viaduct  or  viaducts  across  or 
over  their  tracks,  and  no  such  ordinance  shall  be 
repealed  until  the  provisions  thereof  have  been  fully 
complied  with,  and  all  suits  and  proceedings  there- 
under shall  be  conducted  to  final  judgment,  and 
enforced  under  the  law  and  the  ordinances  of  the  city 
of  Denver  as  they  existed  prior  to  the  adoption  of 
this  charter. 

ASSESSMENT  AND  PAYMENT. 

Section  298.  Upon  completion  of  any  local  im- 
provement, or,  in  the  case  of  sewers,  upon  completion 
from  time  to  time  of  any  part  or  parts  thereof  afford- 
ing complete  drainage  for  any  part  or  parts  of  the  dis- 
trict, and  upon  acceptance  thereof  by  the  board,  or 
whenever  the  total  cost  of  any  such  improvement,  or 
of  any  such  part  or  parts  of  any  sewer,  can  be  def- 
initely ascertained,  the  board  shall  prepare  a  state- 
ment, showing  the  whole  cost  of  the  improvement,  or 
such  parts  thereof,  including  not  to  exceed  six  per 
cent,  additional  for  costs  of  collection  and  other  in- 
cidentals, and  including  interest  to  the  next  succeed- 
ing date  upon  which  general  taxes,  or  the  first  in- 
stallment thereof,  are  by  the  laws  of  this  state  made 
payable;  and  apportioning  the  same  upon  each  lot  or 
tract  of  land  to  be  assessed  for  the  same,  as  in  this 
article  provided;  and  shall  cause  the  same  to  be  cer- 
tified by  the  president  and  filed  in  the  office  of  the 
clerk. 

Section  299.  The  clerk  shall  thereupon,  by  ad- 
vertisement for  ten  days  in  some  newspaper  of  gen- 
eral circulation,  published  in  the  city  and  county,  no- 
tify the  owners  of  the  real  estate  to  be  assessed,  and 
all  persons  interested,  generally  and  without  naming 
such  OAvners  or  persons,  that  said  improvements  have 
been  or  are  about  to  be  completed  and  accepted,  speci- 
fying the  whole  cost  of  the  improvements  and  the 
share  so  apportioned  to  each  lot  or  tract  of  land  or 
persons;  and  that  any  complaints  or  objections  that 
may  be  made  in  writing  by  such  owners  or  persons 


113 

to  the  board  of  supervisors  and  filed  with  the  clerk 
within  sixty  (60)  days  from  the  first  publication  of 
such  notice,  will  be  heard  and  determined  by  the  board 
of  supervisors  at  its  first  regular  meeting  after  said 
sixty  (60)  days  and  before  the  passage  of  any  or- 
dinance assessing  the  cost  of  said  imj)rovements. 

Section  300.  At  the  meeting  specified  in  said  no- 
tice, or  any  adjournment  thereof,  the  board  of  super- 
visors, sitting  as  a  board  of  equalization,  shall  hear 
and  determine  all  such  complaints  and  objections,  and 
may  recommend  to  the  board  of  public  works  any 
modification  of  their  apportionments;  the  board  of 
public  works  may  thereupon  make  such  modifications 
and  changes  as  to  them  may  seem  equitable  and  just, 
or  may  confirm  the  first  apportionment  and  shall  no- 
tify the  council  of  their  final  decision ;  and  the  coun- 
cil shall  thereupon,  by  ordinance,  assess  the  cost  of 
said  improvements  against  all  the  real  estate  in  said 
district  and  against  such  persons,  respectively,  in  the 
proportions  above  mentioned. 

Section  301.  All  assessments  made  in  pursuance 
of  this  article  shall  be  a  lien  in  the  several  amounts 
assessed  against  each  lot  or  tract  of  land,  from  the 
publication  of  the  assessing  ordinance,  and  shall  have 
priority  over  all  other  liens  except  general  taxes.  As 
to  any  subdivisions  of  any  real  estate  assessed  in  pur- 
suance of  this  article,  the  assessments  shall  in  each 
case  be  a  lien  upon  all  the  subdivisions  in  proportion 
to  their  respective  areas.  No  delays,  mistakes,  errors, 
defects,  or  irregularities  in  any  act  or  proceeding 
authorized  by  tliis  article,  shall  prejudice  or  invali- 
date any  final  assessment,  but  the  same  shall  be 
remedied  by  subsequent  or  amended  acts  or  proceed- 
ings as  the  case  may  require,  and  when  so  remedied 
the  same  shall  take  effect  as  of  the  date  of  the  orig- 
inal act  or  proceeding. 

If  in  any  court  of  competent  jurisdiction  any  final 
assessment  made  in  pursuance  of  this  article  is  set 
aside  for  irregularity  in  the  proceedings,  then  the 
council  may,  upon  recommendation  and  notice  as  re- 


114 

quired  in  the  making  of  an  original  assessment,  make 
a  new  assessment  in  accordance  with  the  provisions 
of  this  article. 

Section  302.  The  auditor  shall,  from  said  state- 
ment and  assessing  ordinance,  prepare  a  local  assess- 
ment roll,  in  book  form,  showing  in  suitable  columns 
each  piece  of  real  estate  assessed,  the  total  amount 
of  the  assessment,  the  amounts  of  each  installment 
of  principal  and  interest,  if  in  pursuance  of  this  arti- 
cle the  same  is  payable  in  installments,  and  the  date 
when  such  installment  will  become  due,  with  suitable 
columns  for  use  in  case  of  payment  of  the  whole 
amount,  or  of  any  installment  or  penalty,  and  deliver 
the  same  to  the  treasurer  for  collection,  and  the  same 
shall  be  certified  by  the  clerk  under  the  seal  of  the 
city  and  county,  with  his  warrant  for  the  collection 
of  the  same,  and  the  auditor  charging  the  amount  of 
the  assessment  roll  to  the  treasurer,  and  the  treas- 
urer receipting  to  the  auditor  for  the  same. 

The  assessor  shall  provide  in  the  assessment  roll 
of  general  taxes  a  column  wherein  the  treasurer  may 
make  memoranda  of  special  assessments.  The  treas- 
urer shall  make  suitable  memoranda  in  such  column, 
showing  any  unpaid  special  assessments  levied  before 
the  receipt  of  the  assessment  roll,  upon  the  property 
referred  to  in  such  memoranda.  On  request  for  the 
amount  of  the  taxes  against  any  property  the  treas- 
urer shall  include  in  his  statement  special  assess- 
ments. No  error,  failure,  neglect  or  default  on  the 
part  of  the  assessor  or  treasurer  in  complying  with  the 
provisions  of  this  section  shall  invalidate  any  tax  or 
assessment  or  affect  the  lien  thereof. 

Section  303.  All  assessments  made  in  pursuance 
of  this  article  shall  be  due  and  payable  within  thirty 
days  of  the  publication  of  the  assessing  ordinance, 
without  demand;  Provided,  that  all  such  assessments 
may  at  the  election  of  the  owners,  be  paid  in  install- 
ments with  interest  as  hereinafter  provided.  Failure 
to  pay  the  whole  assessment  within  said  period  of 


115 

thirty  days  shall  be  conclusively  considered  and  held 
an  election  on  the  part  of  all  persons  interested, 
whether  under  disability  or  otherwise,  to  pay  in  such 
installments.  All  persons  so  electing  to  pay  in  in- 
stallments shall  be  conclusively  considered  and  held 
as  consenting  to  said  improvements,  and  such  election 
shall  be  conclusively  held  and  considered  as  a  waiver 
of  any  and  all  right  to  question  the  power  or  juris- 
diction of  the  city  and  county  to  construct  the  im- 
provements, the  quality  of  the  work,  the  regularity 
or  sufficiency  of  the  proceedings,  or  the  validity  or 
correctness  of  the  assessment. 

Section  301.  In  case  of  such  election  to  pay  in 
installments,  the  assessments,  except  for  paving  alone 
or  in  combination  with  other  improvements,  and  for 
viaducts  and  tunnels,  shall  be  payable  in  not  less  than 
two  nor  more  than  ten  equal  annual  installments  of 
principal ;  the  assessments  for  paving,  alone  or  in 
combination  with  other  improvements,  shall  be  pay- 
able in  ten  equal  annual  installments  of  principal; 
and  assessments  for  viaducts,  tunnels,  parks  and 
park-ways,  shall  be  payable  in  not  less  than  five  nor 
more  than  ten  equal  annual  installments  of  princi- 
pal, the  first  of  which  last  mentioned  installments 
shall  be  payable  in  not  less  than  five  and  the  last  in 
not  more  than  twenty  j^ears;  with  interest  in  all  cases 
on  the  unpaid  principal,  payable  annually  at  a  rate 
not  exceeding  six  per  centum  per  annum ;  as  the  num- 
ber of  installments,  the  period  of  payment  and  the 
rate  of  interest  may  be  determined  by  the  board,  or 
in  case  of  parks  or  park-ways,  by  the  park  commis- 
sion. 

Section  305.  Subject  to  the  foregoing  require- 
ments, all  installments,  both  of  principal  and  interest, 
except  in  case  of  parks  and  park-ways,  shall  be  pay- 
able at  such  times  as  may  be  determined  in  and  by 
the  assessing  ordinance,  upon  the  recommendation  of 
the  board,  and  in  case  of  parks  and  park-ways,  of  the 
park  commission. 


116 

Section  306.  Failure  to  pay  any  installment, 
^\  hether  of  principal  or  interest,  when  due,  shall  cause 
the  whole  of  the  unpaid  principal  to  become  dile  and 
payable  immediately,  and  the  whole  amount  of  the 
unpaid  principal  and  accrued  interest  shall  there- 
after draw  interest  at  the  rate  of  one  per  cent,  per 
month  or  fraction  of  a  month  until  the  day  of  sale, 
as  hereinafter  provided;  but  at  any  time  prior  to  the 
day  of  sale  the  owner  may  pay  the  amount  of  all 
delinquent  installments,  with  interest  at  one  per  cent, 
per  month  or  fraction  of  a  month,  as  aforesaid,  and 
all  penalties  accrued,  and  shall  thereupon  be  restored 
to  the  right  thereafter  to  pay  in  installments  in  the 
same  manner  as  if  default  had  not  been  suffered.  The 
owner  of  any  piece  of  real  estate  not  in  default  as  to 
any  installment  or  payment,  may  at  any  time  pay  the 
whole  unpaid  principal  with  the  interest  accrued. 

Section  307.  Payments  may  be  made  to  the 
treasurer  at  any  time  within  thirty  days  of  the  publi- 
cation of  the  assessing  ordinance,  and  an  allowance 
of  the  per  centum  added  for  cost  of  collection  and 
other  incidentals,  and  of  the  interest  from  the  date 
of  payment  to  the  time  the  first  installment  comes 
due,  shall  be  made  on  all  payments  made  during  said 
period  of  thirty  days. 

Section  308.  The  treasurer  shall  receive  pay- 
ment of  all  assessments  against  any  real  estate  ap- 
pearing upon  said  last  mentioned  roll,  with  interest, 
and  in  case  of  default  in  the  payment  of  any  install- 
ment of  principal  or  interest,  when  due,  shall  adver- 
tise and  sell  any  and  all  real  estate  concerning  which 
such  default  is  suffered,  for  the  payment  of  the  whole 
of  the  unpaid  assessments  thereon ;  and  said  sales  and 
advertisements  shall  be  made  at  the  same  time  or 
times,  in  the  same  manner,  under  all  the  same  condi- 
tions and  penalties,  and  with  the  same  effect  as  are 
provided  by  general  law  for  the  sales  of  real  estate  in 
default  of  payment  of  general  taxes. 

Section  309.  At  any  sale  by  the  treasurer  of  any 
real  estate  in  the  city  and  county,  for  the  purpose  of 


117 

paying  any  special  assessments  for  local  improve- 
ments, the  treasurer  having  written  authority  from 
the  mayor,  may  purchase  any  such  real  estate  with- 
out paying  for  the  same  in  cash,  and  shall  receive  cer- 
tificates of  purchase  in  the  name  of  the  city  and 
county,  such  certificates  shall  be  received  and  cred- 
ited at  their  face  value,  with  all  interest  and  penal- 
ties accrued,  to  the  treasurer  on  account  of  the  assess- 
ments in  pursuance  of  which  the  sale  was  made.  Said 
certificates  may  thereafter  be  sold  by  the  treasurer  at 
their  face  value,  with  all  interest  and  penalties  ac- 
crued, and  by  him  assigned  in  the  name  of  the  city 
and  county,  and  the  proceeds  credited  to  the  fund 
created  by  ordinance  for  the  payment  of  such  assess- 
ments respectively,  such  assessments  shall  be  made 
without  recourse  upon  the  city  and  county  in  any 
event,  and  the  sale,  and  the  assignment,  shall  operate 
as  a  lien  in  favor  of  the  city  and  county  and  of  the 
holders  of  such  certificates,  as  is  provided  by  law  in 
the  case  of  sales  of  real  estate  for  default  in  payment 
of  general  taxes.  ^ 

Section  310.  The  owner  of  any  divided  or  undi- 
vided interest  may  pay  his  share  of  any  assessment. 

Section  311.  All  collections  made  by  the  treas- 
urer upon  any  such  assessment  roll,  in  any  calendar 
month,  shall  be  accounted  for  to  the  auditor  on  or 
before  the  tenth  day  of  the  next  succeeding  calendar 
month,  with  separate  statements  of  all  such  collec- 
tions for  each  improvement. 

BONDS. 

Section  312.  All  local  improvements  shall  be 
paid  for  in  public  improvement  bonds  of  the  city  and 
county,  of  such  date  and  in  such  form,  as  may  be  pre- 
scribed by  the  board,  the  same  bearing  the  name  of  the 
district  improved,  and  payable  to  bearer  in  a  suffi- 
cient period  of  years  to  cover  the  period  of  payments 
herein  provided  for,  but  subject  to  call  as  hereinafter 
provided,  in  convenient  denominations  of  not  more 
than  one  thousand  dollars  each.    All  such  bonds  shall 


118 

be  issued  by  the  treasurer  upon  estimates  and  orders 
of  the  board,  approved  by  the  mayor,  without  being 
audited  by  the  auditor  or  auditing  committee  or  al- 
lowed by  the  council ;  and  the  treasurer  shall  preserve 
a  record  of  the  same  in  a  suitable  book  kept  for  that 
purpose;  said  bonds  shall  be  subscribed  by  the  mayor, 
attested  by  the  clerk  and  seal  of  the  city  and  county, 
and  registered  by  the  auditor,  with  the  approval  of 
the  president  of  the  board  endorsed  thereon ;  the  same 
to  be  payable  only  out  of  the  moneys  collected  on  ac- 
count of  the  assessments  made  for  said  improvements, 
respectively;  and  all  moneys  collected  on  account  of 
the  assessments  for  any  improvement  shall  be  applied 
to  the  payment  of  the  bonds  issued  for  the  same  im- 
provement only,  until  the  payment  of  all  the  said 
bonds;  Provided,  that  sufficient  of  said  bonds  may 
be  used  by  the  board,  with  the  approval  of  the  mayor, 
at  par,  to  pay  for  the  engineering  and  other  clerical 
service,  advertising,  cost  of  inspection,  and  accrued 
interest  on  outstanding  bonds,  and  in  case  of  viaducts 
and  tunnelf^in  also  paying  for  any  necessary  lands 
taken  or  damaged  and  rights  of  way;  or,  with  the 
approval  of  the  mayor,  the  board  may,  upon  adver- 
tisement for  not  less  than  ten  days  in  some  newspa- 
per of  general  circulation,  published  in  the  city  and 
county,  sell  sufficient  of  said  bonds,  at  not  less  than 
par,  to  pay  the  expenses  and  interest  mentioned  in 
this  proviso  in  cash. 

Section  313.  All  such  bonds  shall  bear  interest 
at  the  rate  of  not  more  than  six  per  cent,  per  annum, 
as  ordered  by  the  board  and  council,  payable  semi- 
annually, the  interest  to  be  evidenced  by  coupons, 
attested  by  a  facsimile  of  the  signature  of  the  auditor. 

All  such  bonds,  principal  and.  interest,  shall  be 
payable  at  the  city  and  county  of  Denver,  but  if  the 
board  so  orders,  they  may  also  be  payable  at  some 
national  bank  or  trust  company  in  the  city  of  New 
York,  in  the  state  of  New  York,  to  be  designated  by 
the  board,  and  in  all  cases  the  bonds  and  coupons 
shall  recite  the  place  or  places  of  payment,  and  when 


119 

payable  also  in  the  city  of  New  York,  the  treasurer  is 
hereby  authorized  to  remit  the  funds  necessary  for 
their  payment,  with  exchange,  to  the  institution  so 
designated,  always  assuring  himself  that  such  institu- 
tion is  then  perfectly  solvent. 

The  council  may  by  ordinance,  upon  the  recom- 
mendation of  the  board,  by  a  vote  of  two-thirds  of 
the  members  of  each  body  of  the  council,  on  behalf  of 
the  city  and  county,  guarantee  the  payment  of  any 
bonds  issued  under  the  provisions  of  this  article. 

Section  314.  Whenever  considered  prudent  by 
the  treasurer  he  may,  and  whenever  funds  may  be  in 
his  hands  to  the  credit  of  any  improvement  or  park 
district,  exceeding  six  months'  interest  on  the  unpaid 
principal,  he  shall  by  advertisement  for  live  days  in 
some  such  newspaper,  call  in  a  suitable  number  of 
the  bonds  of  such  district  for  payment;  and  at  the 
expiration  of  thirty  days  from  the  first  publication  of 
said  notice,  interest  on  the  bonds  so  called  shall  cease. 
The  notice  shall  specify  the  bonds  so  called  by  num- 
ber; and  all  bonds  shall  be  paid  in  their  numerical 
order.  The  holder  of  any  bonds  may  at  any  time 
furnish  his  postoflfice  address  to  the  treasurer  and  in 
such  case  a  copy  of  said  advertisement  shall  be  mailed 
by  the  treasurer  to  the  holder  of  the  bonds  called,  at 
said  address,  on  the  first  day  of  said  publication. 

CONTRACTS. 

Section  315.  All  contracts  for  local  improve- 
ments, and  all  other  contracts  involving  expenditures 
under  the  direction  of  the  board,  shall  be  let  by  the 
mayor,  upon  recommendation  of  the  board,  without 
any  action  of  the  council,  except  in  the  passage  of  the 
original  ordinance  authorizing  the  improvement  or 
contracts.  All  such  contracts  shall  be  let  to  the  low- 
est reliable  and  responsible  bidder,  after  public  adver- 
tisement by  the  board  .for  not  less  than  ten  days  in 
some  newspaper  of  general  circulation,  published  in 
the  city  and  county.    Any  other  mode  of  letting  such 


120 

contracts  shall  be  illegal  and  void  and  no  such  con- 
tract shall  be  made  without  a  bond  for  its  faithful 
performance,  with  sufficient  surety  or  sureties  to  be 
approved  by  the  board  and  no  other  surety  than  a 
surety  company,  approved  by  the  board  and  mayor, 
shall  be  accepted.  Upon  default  in  the  performance 
of  any  contract,  the  board  may  advertise  and  let  a 
conti-act  for  the  uncompleted  work  in  like  manner, 
without  further  ordinance,  and  charge  the  cost  thereof 
to  the  orignal  contractor  upon  his  contract;  and  when 
a  deficiency  shall  in  such  case  occur,  the  board  may, 
with  the  approval  of  the  mayor,  advance  the  amount 
thereof  out  of  any  available  fund  of  the  city  and 
county,  and  recover  the  same  by  suit  on  the  original 
contract  and  bond.  In  all  advertisements  the  board 
shall  reserve  the  right  to  reject  all  bids  and  upon  re- 
jecting all  bids,  may  again  advertise  without  further 
ordinance. 

Section  316.  Every  contract  shall  contain  a 
clause  to  the  effect  that  it  is  subject  to  the  provisions 
of  this  charter  and  of  the  ordinance  authorizing  the 
improvement ;  and  shall  require  that  eight  hours  shall 
constitute  a  day's  labor  for  any  work  done  under  such 
contract;  that  the  aggregate  payments  thereon  shall 
not  exceed  the  aggregate  estimate  of  the  engineer  or 
the  amounts  appropriated;  that,  upon  ten  days'  no- 
tice the  work  under  such  contract  may,  without  cost 
or  claim  against  the  city,  be  suspended  by  the  mayor 
and  board  for  substantial  cause;  and  that  upon  com- 
plaint of  the  owner  of  any  of  the  real  estate  to  be 
assessed  for  the  improvements,  that  the  improvement 
is  not  being  constructed  in  accordance  with  the  con- 
tract, the  board  shall  consider  the  complaint  and 
thereupon  make  such  order  in  the  premises  as  may 
be  just,  and  the  decision  of  the  board  shall  be  final. 

GAS  AND  WATER  CONNECTIONS. 

Section  317.  Before  paving  in  any  district  in 
pursuance  of  this  article,  the  board  may  order  the 


121 

owners  of  the  abutting  real  estate  to  connect  their 
several  premises  with  the  gas  and  water  mains  or  with 
any  other  conduits  in  the  street,  in  front  of  their  sev- 
eral premises;  and  notice  of  such  order  shall  be  given 
and  the  order  shall  be  enforced  as  provided  in  section 
280  hereof  in  the  case  of  sidewalks ;  and  ^he  council 
may  by  ordinance  provide  any  further  means  for  com- 
pelling the  owners  of  such  property  to  do  the  work  in 
this  section  mentioned  and  referred  to. 

TREES. 

Section  318.  The  board  may  establish  rules  for 
the  planting  and  care  of  trees  upon  all  streets,  ave- 
nues and  boulevards,  including  the  trimming  of  such 
trees  and  the  removal  of  unsightly  and  dead  trees, 
and  to  prevent  the  mutilation  of  trees,  and  the  coun- 
cil shall  by  ordinance  provide  reasonable  penalties  for 
the  violation  of  such  rules. 

*        SUBURBAN   IMPROVEMENT   DISTRICTS. 

Section  319.  In  all  that  part  of  the  city  and 
county  included  within  the  limits  of  the  former 
municipalities  annexed  to  the  city  of  Denver,  or  con- 
solidated with  the  city  and  county,  except  that  part 
of  South  Denver  lying  north  of  Mississippi  street,  and 
in  all  that  part  of  the  city  and  county  lying  east  of 
Monroe  street  and  of  the  same  extended  north  and 
south  to  the  boundary  line  of  the  city  and  county, 
improvement  districts,  to  be  known  as  suburban  im- 
provement districts,  may  be  established  by  the  board 
for  the  opening,  widening,  grading,  curbing,  guttering, 
surfacing,  paving  or  otherwise  improving  of  any 
street,  road  or  alley,  or  streets,  roads  or  alleys,  or  for 
any  combination  of  said  improvements,  and  all  pro- 
visions of  this  article  relating  to  such  improvements 
shall  apply  thereto,  except  only  in  the  following  par- 
ticulars, namely: 

First.  Such  improvement  districts  may  include 
all  the  real  estate  specially  benefited  by  the  proposed 


122 

improvements  and  need  not  be  confined  to  the  real 
estate  abutting  on  the  streets  or  alleys  opened,  wid- 
ened or  improved,  and  the  cost  of  such  improvements 
shall  be  apportioned  and  assessed  upon  all  the  real 
estate  within  such  district,  except  streets,  alleys  and 
other  public  places,  according  to  the  special  benefits 
to  each  piece  of  real  estate  in  the  district,  and  need 
not  be  apportioned  in  proportion  of  the  area  of  the 
lot  or  piece  of  real  estate  to  be  assessed  to  the  area 
of  the  entire  district,  nor  according  to  frontage. 

Second.  Whenever  the  owners  of  ten  per  centum 
of  the  area  of  the  real  estate  within  a  proposed  dis- 
trict shall  in  writing  petition  the  board  for  the  crea- 
tion of  such  district,  stating  the  kind  of  improvement 
desired  and  the  maximum  cost  thereof,  accompanied 
by  a  map  of  the  proposed  district  suggesting  the  ap- 
portionment of  the  cost,  and  accompanied  by  a  good 
and  sufficient  certified  check,  payable  to  the  treas- 
urer, to  cover  all  the  estimated  expenses  in  and  about 
the  premises,  including  advertising,  to  the  tftne  of 
the  passage  of  the  ordinance  authorizing  the  improve- 
ments to  be  made,  the  board  shall  prescribe  such  dis- 
trict, and,  if  a  sufficient  remonstrance,  signed  by  the 
owners  of  real  estate  against  which  the  aggregate  ap- 
proximate assessment  exceeds  thirty-five  per  centum 
of  the  total  approximate  assessment,  is  not  duly  filed, 
order  such  improvements  substantially  as  petitioned 
for,  and  recommend  to  the  council  the  ordinance 
therefor ;  Provided^  the  board  approves  such  proposed 
improvements,  finds  the  stated  maximum  cost  suffi- 
cient, and  finds  the  special  benefits  substantially  as 
suggested. 

Third.  The  petition  may  be  modified  at  any 
time  before  the  publication  of  the  notice  required  to 
be  published  by  the  second  proviso  of  section  272 
hereof,  at  the  request  of  the  signers  or  their  duly 
authorized  representatives,  but  if  additional  expense 
is  incurred  thereby,  such  additional  expense  must  be 
deposited  as  aforesaid.     The  maximum  cost  stated  in 


123 

the  petition  shall  not  be  exceeded,  and  the  apportion- 
ment thereof  shall  be  substantially  as  indicated  on 
said  map.  Upon  the  passage  of  said  ordinance  the 
amount  or  amounts  deposited  as  aforesaid  shall  be 
returned ;  but  if  the  proceedings  shall  fail,  the  board 
shall  pay  out  of  said  deposits  all  of  said  expenses,  in- 
cluding advertising,  and  only  the  balance  shall  be 
returned  to  the  depositors;  Provided,  that  nothing 
in  this  section  contained  shall  prevent  the  board 
from  also  prescribing  districts  and  making  any  of 
the  improvements  in  this  and  in  the  preceding  sec- 
tions of  this  article  mentioned,  within  the  territory 
mentioned  in  this  section,  according  to  and  as  in  the 
preceding  sections  of  this  article  provided;  and  that 
the  board  may  also  proceed  under  this  section  with- 
out petition.  No  provision  of  this  charter  limiting 
the  amount  of  any  special  assessment  or  limiting  the 
size  of  any  district  shall  apply  to  improvements  un- 
der this  section. 

CHERRY   CREEK   IMPROVEMENT. 

Section  320.  The  council  may  authorize  the  con- 
struction of  walls  or  embankments,  and  roads  or 
driveways  along  such  walls  or  embankments,  along 
Cherry  creek  or  any  part  or  parts  thereof,  and  after 
hearings  to  assess  the  whole  or  any  part  of  the  entire 
cost,  except  the  cost  in  the  intersections  of  streets  and 
alleys,  upon  all  the  real  estate,  railway  rights  of  way 
and  all  property  benefited  thereby,  within  a  district 
or  districts  of  lands,  to  be  specified  by  ordinance, 
upon  the  recommendation  of  the  board,  and  in  pro- 
portion to  the  benefits  accruing  to  said  lands,  rights 
of  way  and  property,  in  consequence  of  said  improve- 
ment. The  whole  cost  in  the  intersections  of  streets 
and  alleys  shall  be  paid  by  the  city  and  county. 

All  proceedings  shall  be  as  required  in  the  first, 
second  and  sixth  provisos  of  section  272  hereof,  and 
all  the  provisions  of  this  article  with  regard  to  the  au- 
thorizing and  constructing  of  viaducts  and  tunnels, 


124 

the  distribution  of  costs  between  the  city  and  county, 
and  the  real  estate,  rights  of  way  and  railway  compa- 
nies, the  acquiring  of  rights  of  way,  issuance  of  bonds, 
the  necessary  assessments,  and  collection  and  pay- 
ment of  the  cost  of  such  improvements,  shall  apply  as 
far  as  the  same  are  applicable,  and  payment  shall  be 
made  in  not  less  than  ten  nor  more  than  fifteen  equal 
annual  installments,  as  may  be  determined  by  the 
board,  and  enforced  by  the  sale  of  the  property  bene- 
fited as  in  the  case  of  other  local  improvements. 

The  city  and  county,  upon  the  recommendation 
of  the  board,  may  pay  any  part  of  the  cost  of  the  im- 
provements and  the  balance  only  shall  be  assessed 
upon  said  real  estate ;  Provided,  that  if  the  balance  so 
to  be  assessed  upon  the  real  estate,  shall  exceed  one- 
half  the  total  cost  of  such  improvements,  the  making 
of  such  improvements  shall  be  subject  to  remonstrance 
as  in  the  case  of  viaducts  and  tunnels. 

PLATTE   RIVER. 

Section  321.  The  council  may  authorize  the  con- 
struction of  walls,  embankments  and  roads  or  drive- 
ways along  such  walls  or  embankments  along  the 
Platte  river  or  any  part  or  parts  thereof,  and  either 
pay  for  the  whole  or  any  part  of  the  cost  thereof,  or 
provide  for  the  payment  of  the  whole  or  any  part 
thereof  by  special  assessment;  Provided,  that  when- 
ever any  part  of  the  cost  thereof  shall  be  provided  by 
special  assessment,  the  making  of  such  improvements 
shall  be  subject  to  remonstrance,  as  in  the  case  of 
viaducts  and  tunnels. 

EMINENT   DOMAIN. 

Section  322.  Whenever  the  council  shall  by  or- 
dinance establish,  open,  widen  or  alter  any  street, 
alley,  or  other  highway,  or  select  and  designate  any  site 
for  any  market,  auditorium  or  other  building  for  the 
use  of  the  city  and  county,  then  the  city  and  county 


125 

may  exercise  the  power  of  eminent  domain,  and  con- 
demn the  property  necessary  for  said  purposes. 

The  manner  of  proceeding,  the  ascertainment  of 
the  compensation  to  be  paid,  the  assessment  of  bene- 
fits or  damages,  the  collection  of  such  benefits  and 
payment  of  such  damages  shall  be  as  provided  by  gen- 
eral law;  and  the  same  power  may  be  exercised,  and 
the  same  procedure  shall  be  pursued  in  condemning 
any  lands  or  rights  of  way  for  any  ditch.  It  shall 
not  be  a  bar  to  any  such  proceeding  that  the  lands  or 
rights  of  way  to  be  taken  have  once  been  taken  for 
public  use. 

PARKS. 

Section  323.  The  city  and  county  is  hereby  di- 
vided into  four  park  districts,  consisting  respectively 
of  the  following  territory : 

The  Montclair  park  district,  all  that  part  of  the 
city  and  county  lying  east  of  McKinley  avenue,  for- 
merly Colorado  boulevard. 

The  South  Denver  park  district,  all  that  part  of 
the  city  and  county  lying  south  and  west  of  Cherry 
creek  and  easterly  from  the  Platte  river. 

The  Highland  park  district,  all  that  part  of  the 
city  and  county  lying  north  and  west  of  a  line  begin- 
ning on  the  southerly  boundary  line  of  the  city  and 
county  at  its  intersection  with  the  Platte  river,  fol- 
lowing the  course  of  the  Platte  river  in  a  northerly 
direction  to  the  intersection  with  Cherry  creek,  thence 
southeasterly  along  Cherry  creek  to  its  intersection 
with  Larimer  street,  thence  along  Larimer  street  to 
its  intersection  with  Downing  avenue,  thence  along 
Downing  avenue  to  Thirty-eighth  street,  along 
Thirty-eighth  street  to  the  Platte  river,  following  the 
course  of  the  Platte  river  to  its  intersection  with  the 
northerly  boundary  line  of  the  city  and  county. 

The  East  Denver  park  district,  all  the  remaining 
territory  of  the  city  and  county. 


126 

Section  324.  In  addition  to  tlie  powers  herein 
conferred  to  acquire  lands  for  parls;s  and  park-ways 
by  the  sale  of  the  general  bonds  of  the  city  and 
county,  it  shall  be  lawful  for  the  park  commission, 
with  the  approval  of  the  mayor,  to  acquire  parks  and 
park-ways  in  each  of  the  said  park  districts  in  the 
manner  following,  the  same  to  be  paid  for  by  special 
assessments  upon  all  the  other  real  estate,  except 
parks,  park-ways  and  streets,  in  such  districts,  re- 
spectively, or  partly  out  of  the  proceeds  of  the  sale  of 
the  general  bonds  of  the  city  and  county,  and  partly 
by  such  assessments,  as  the  same  may  be  determined 
by  the  mayor  and  park  commission. 

Section  325.  For  the  purpose  of  acquiring  lands 
for  parks  and  park-ways  it  shall  be  lawful  for  the  park 
commission  and  said  commission  is  hereby  author- 
ized and  empowered,  by  and  with  the  approval  of  the 
mayor  to  select  and  by  a  suitable  proceeding  in  the 
name  of  the  city  and  county  for  the  use  of  any  such 
park  district,  without  the  passage  of  any  ordinance, 
to  condemn  real  estate  or,  with  the  approval  of  the 
mayor,  to  purchase  any  real  estate  so  selected  for  one 
or  more  parks  or  park-ways  in  each  of  the  said  dis- 
tricts and  to  select  routes  and  streets  for  the  pur- 
pose of  establishing  and  maintaining  a  system  of  con- 
necting boulevards  and  pleasure-ways  or  park-ways 
therein.  All  such  condemnation  proceedings  shall 
be  in  accordance  with  the  general  laws  of  the  state, 
so  far  as  the  same  are  applicable,  but  the  benefit  to 
other  lands  shall  be  ascertained  and  assessed  as  re- 
quired in  this  article. 

Section  326.  The  parks  and  park-ways  so  estab- 
lished in  any  such  park  district,  or  such  part  thereof 
as  may  be  determined  by  the  mayor  and  park  commis- 
sion,, shall  be  paid  for  in  park  Ibonds  of  the  city  and 
county,  of  date  and  form  prescribed  by  the  park  com- 
mission, bearing  the  name  of  the  district,  and  pay- 
able to  bearer  at  such  times  and  in  a  sufficient  period 
of  years  to  cover  the  period  of  payments  herein  pro- 


127 

vided  for,  with  interest  annually  at  such  rate,  not 
exceeding  six  per  cent,  per  annum,  as  may  be  deter- 
mined by  the  commission.  The  bonds  shall  be  signed 
by  the  mayor,  countersigned  by  the  auditor  and  at- 
tested by  the  clerk  and  seal  of  the  city  and  county, 
with  the  approval  of  the  president  of  the  park  com- 
mission endorsed  thereon,  the  interest  to  be  evidenced 
by  suitable  coupons  attested  by  a  fac  simile  of  the 
signature  of  the  auditor. 

Section  327.  Or,  whenever  the  cost  of  any  such 
park  site  or  park- way  can  be  definitely  ascertained, 
said  bonds  or  any  part  or  parts  thereof  may  be  issued 
and  sold  by  the  park  commission,  with  the  approval 
of  the  mayor,  at  not  less  than  par,  upon  public  adver- 
tisement for  not  less  than  ten  days  in  some  newspaper 
of  general  circulation  published  in  the  city  and 
county  of  Denver,  and  such  other  newspapers  as  may 
be  designated  by  the  mayor  and  park  commission; 
and  the  proceeds  may  be  used  exclusively  by  the  park 
commission  with  the  approval  of  the  mayor,  in  the 
purchase  or  condemnation  of  park  sites  and  park- 
ways, and  in  any  case  sufficient  of  said  bonds  may  be 
issued  and  sold  in  like  manner  to  pay  the  costs  of 
surveying,  evidencing  and  acquiring  necessary  titles, 
the  necessary  costs  of  court,  the  preparation  of  the 
assessment  rolls  and  other  incidentals.  The  bonds  so 
issued  shall  be  paid  by  special  assessment  upon  all  the 
other  real  estate  in  the  district  in  the  proportions  and 
amounts  determined  by  the  commission  and  assessed 
by  ordinance,  and  shall  be  paid  only  out  of  the  moneys 
collected  from  said  assessments;  and  all  the  moneys 
so  collected  shall  be  set  apart  and  shall  consti- 
tute a  fund  for  the  payment  of  said  bonds  and 
interest  thereon  until  payment  of  said  bonds 
and  interest  in  full;  Provided,  that  before  ac- 
quiring any  real  estate  or  issuing  any  bonds  for  the 
purposes  aforesaid  the  commission  shall  prepare  a 
map  of  the  district  and  apportion  the  cost  of  the  im- 
provement on  all  the  other  real  estate  in  the  district 


128 

in  proportion  to  the  benefits  to  each  piece  of  real  es- 
tate accruing  in  consequence  of  the  establishment  of 
such  parks  or  park-Avays  in  said  district,  and  in  ac- 
cordance with  such  rules  for  apportioning  the  bene- 
fits as  to  the  commission  may  seem  just  and  reason- 
able; and  shall  by  advertisement  for  ten  days  in  some 
newspaper  of  general  circulation  published  in  the 
city  and  county,  give  notice  to  the  owners  of  the  real 
estate  to  be  assessed  of  the  proposed  purchase  or  con- 
demnation, w4th  a  description  of  the  lands  to  be  ac- 
quired, the  estimated  cost,  the  number  of  install- 
ments and  time  in  which  the  assessments  will  be  pay- 
able, the  rate  of  interest  on  unpaid  installments,  the 
rules  adopted  by  the  commission  for  apportioning 
the  benefits,  as  aforesaid,  and  the  time,  not  less  than 
ninety  days  after  the  first  publication,  when  the 
question  of  the  proposed  purchase  or  condemnation 
will  be  considered  by  the  commission;  that  said  map 
and  all  proceedings  of  the  commission  are  on  file  and 
can  be  seen  and  examined  by  any  person  interested 
during  business  hours,  within  said  period  of  ninety 
days,  at  the  office  of  the  secretary  of  said  commission, 
and  that  all  complaints  and  objections  that  may  be 
made  in  writing  by  owners  of  any  real  estate  to  be 
assessed  will  be  heard  and  determined  by  the  commis- 
sion before  final  action  of  the  commission  in  the  prem- 
ises. 

The  commission  shall,  at  the  time  specified  or 
thereafter,  consider  all  such  complaints  and  objec- 
tions, and  may  modify  or  confirm  their  apportion- 
ments, and  shall  finally  determine  whether  said  lands 
shall  be  acquired  for  said  purposes ;  but  if,  within  the 
time  above  specified  a  remonstrance  shall  be  filed  with 
the  secretary  of  said  commission,  subscribed  by  the 
owners  of  twentj^-five  per  cent,  in  area  of  the  real 
estate  Avhich  is  to  be  assessed,  then  the  proposed  pur- 
chase or  condemnation  shall  not  be  made,  and  the  pro- 
ceedings shall  not  be  renewed  for  one  j^ear  thereafter ; 
and  the  finding  of  the  council  by  ordinance  that  such 


129 

notice  was  duly  given,  or  that  such  remonstrance 
was  or  was  not  filed,  or  was  or  was  not  subscribed  by 
the  required  number  of  owners  aforesaid,  shall  be  con- 
clusive in  every  court  or  other  tribunal. 

Section  328.  When  the  cost  of  any  such  park  site 
or  park-way  is  definitely  determined,  the  park  commis- 
sion shall  prepare,  certify  and  file  with  the  clerk,  a 
statement  showing  the  cost  thereof  as  required  in 
section  298  hereof;  the  clerk  shall  thereupon  give  the 
notice  required  by  section  299  hereof;  and  thereupon 
the  same  proceedings  required  in  section  300  hereof 
shall  be  had,  except  that  the  proceedings  therein  pro- 
vided to  be  observed  by  the  board  shall  be  observed  by 
the  park  commission ;  and  the  council  shall  thereupon 
by  ordinance  assess  the  cost  against  the  other  real 
estate  as  aforesaid,  in  the  district,  in  accordance  with 
said  apportionments. 

Section  329.  No  moneys  received  from  any 
source  for  any  park  district,  shall  be  expended  in  or 
for  any  other  park  district. 

MISCELLANEOUS. 

Section  330.  In  all  proceedings  authorized  or  re- 
quired by  this  article,  figures  may  be  used  instead  of 
words,  and  it  shall  not  be  necessary  in  improvement 
districts  to  designate  each  piece  of  real  estate  in  the 
district  separately,  but  general  descriptions  and  quan- 
tities may  be  used  except  in  the  assessment  rolls,  and 
the  cost  may  be  stated  as  being  a  probable  amount  per 
front  foot,  or  per  square  foot,  or  per  lot  of  a  given 
size,  and  proportionate  amounts  for  other  lots,  or, 
when  a  different  rule  of  assessment  is  provided,  then 
as  being  subject  to  such  rule. 

Section  331.  All  petitions  for  and  all  remon- 
strances against  paving  heretofore  filed  with  the 
board,  and  all  other  proceedings  for  the  making  of 
local  improvements,  in  which  other  proceedings  pub- 
lication has  been  commenced  of  the  notice  to  property 


130 

owners  required  by  the  second  proviso  of  section  3 
of  article  VII  of  the  previous  charter  of  the  city  of 
Denver,  or  of  the  city  and  county  of  Denver,  are 
hereby  preserved ;  and  the  same  shall  hereafter  be  con- 
tinued, notices  given,  ordinances  passed,  contracts  let 
and  completed,  and  the  cost  assessed  or  reassessed 
and  collected  in  accordance  with  the  provisions  of 
such  previous  charter.  In  all  such  proceedings  and 
contracts  the  acts  and  duties  required  heretofore  to  be 
done  by  the  mayor,  city  clerk,  city  auditor,  city  treas- 
urer, city  council,  board  of  public  works,  and  engineer 
of  the  board,  or  any  officer  of  the  city  of  Denver,  or  of 
the  city  and  county  of  Denver,  by  the  said  charter  or 
by  the  constitution  or  by  general  law,  shall  be  per- 
formed by  their  respective  successors,  the  mayor, 
clerk,  auditor,  treasurer,  council,  board  of  public 
works,  engineer,  or  any  other  officer  or  department 
of  the  city  and  county  who  are  authorized  by  this 
charter  to  perform  their  respective  or  like  duties. 

Section  332.  No  action  or  proceeding,  at  law  or 
in  equity,  to  review  any  acts  or  proceedings,  or  to 
question  the  validity  or  enjoin  the  performance  of  any 
act,  or  the  issue  or  collection  of  any  bonds,  or  the  levy 
or  collection  of  any  assessments,  authorized  by  this 
article,  or  for  any  other  relief  against  any  acts  or  pro- 
ceedings done  or  had  under  this  article,  or  under  the 
previous  charter  of  the  city  of  Denver,  or  of  the  city 
and  county  of  Denver,  with  reference  thereto,  whether 
based  upon  irregularities  or  jurisdictional  defects, 
shall  be  maintained,  unless  commenced  within  ninety 
days  after  the  performance  of  the  act  or  the  passage 
of  the  resolution  or  ordinance  complained  of,  or  else 
be  thereafter  perpetually  barred;  Provided,  that  as 
to  any  such  cause  of  action  now  existing  and  not  here- 
tofore barred,  such  .action  may  be  commenced  within 
ninety  days  after  the  adoption  of  this  charter.  All  the 
acts  and  proceedings  of  the  board  of  public  works  of 
the  city  of  Denver,  and  of  the  city  and  county  of  Den- 
ver, in  relation  to  public  improvements,  authorized  by 


131 

the  charter  of  the  city  of  Denver  and  of  the  city  and 
county  of  Denver  or  other  law,  are  hereby  ratified  and 
confirmed.  Nothing  lierein  contained  shall  affect 
pending  litigation  concerning  the  Fourteenth  street 
viaduct. 

ARTICLE  XII. 

CHANGING   CHANNEL   OF    CHERRY    CREEK. 

Section  333.  The  council  shall  have  power  and 
authority,  upon  the  recommendation  of  the  board  of 
public  works,  by  ordinance  to  provide  for  changing 
and  turning  the  channel  and  bed  of  Cherry  creek  by 
any  suitable  means,  and  by  the  excavation  and  main- 
tenance of  a  new  channel,  canal  or  ditch  upon  such 
line  within  or  without  the  territorial  limits  of  the  city 
and  county,  as  said  board  and  the  council  shall  deem 
advisable,  so  as  to  direct  the  flow  of  water  from  the 
old  channel  of  said  creek,  or  from  such  part  thereof  as 
may  be  designated  in  such  ordinance. 

Section  334.  The  board  shall  first  cause  surveys 
of  the  proposed  changes  and  improvements  to  be 
made,  and  estimates  of  the  cost  thereof  by  each  route 
or  line  surveyed,  and  shall  report  the  same  to  the 
council,  with  such  recommendations  as  to  said  board 
may  seem  advisable. 

Section  335.  Whenever  provision  has  been  made 
for  the  payment  of  the  cost  of  said  improvements,  the 
board  may,  in  the  name  of  the  city  and  county,  by 
purchase  or  condemnation,  acquire  the  necessary 
lands  and  easements  for  such  new  channel,  ditch,  ca- 
nal, and  for  any  dam,  breakwater  or  levee,  or  other 
structures  incidental  thereto. 

Section  336.  Upon  the  passage  of  such  ordi- 
nance and  provision  for  such  payment,  the  board  shall 
have  the  exclusive  power  to  make  said  changes  and 
improvements,  and,  with  the  approval  of  the  mayor, 
to  expend  any  and  all  moneys  provided  for  the  pay- 
ment therefor,  and  the  contract  shall  be  awarded  by 


132 

the  mayor,  with  the  approval  of  said  board,  without 
any  action  by  the  council,  except  in  the  passage  of  the 
ordinance  authorizing  said  improvements. 

Section  337.  Said  new  channel  and  property 
when  acquired  and  completed  shall  become  the  prop- 
erty of  the  city  and  county,  and  of  the  public,  as  fully 
and  completely  as  though  said  new  channel  and  the 
waters  flowing  and  to  flow  therein  were  the  original 
and  natural  stream  of  said  creek;  Provided,  that  the 
old  channel  of  said  creek  from  below  the  point  of  its 
passage  to  such  new  channel  shall,  nevertheless,  be 
and  remain  the  property  of  the  city  and  county,  and 
public  property  to  the' same  extent  that  the  same  has 
heretofore  been  the  property  of  the  city  and  public 
property. 

ARTICLE  XIII. 

RIGHTS   AND   LIABILITIES. 

Section  338.  All  ordinances  may  be  proved  by  a 
copy  thereof  certified  by  the  clerk,  under  the  seal  of 
the  city  and  county;  or  when  printed  in  book  or 
pamphlet  form,  and  purporting  to  be  published  by 
authority  of  the  city  and  county,  the  same  shall  be  re- 
ceived in  evidence  in  all  courts  or  other  places,  with- 
out further  proof. 

Section  339.  When  in  any  action*  or  proceeding 
in  any  court  of  the  city  and  county,  its  officers  may  be 
required  to  give  any  bond  or  undertaking,  in  their 
official  capacity  or  on  behalf  of  the  said  city  and 
county,  such  bond  shall  be  accepted  without  sureties 
if  subscribed  by  the  mayor  or  other  officers,  with  the 
seal  of  the  city  and  county,  and  attested  by  the  clerk. 

Section  340.  Any  person  who  shall  violate  any 
of  the  provisions  of  this  charter  for  the  violation  of 
which  no  punishment  has  been  provided  herein,  shall 
be  deemed  guilty  of  a  misdemeanor,  and,  upon  con- 
viction thereof,  shall  be  punished  by  a  fine  not  ex- 
ceeding one  hundred  dollars,  or  by  imprisonment  in 


133 

the  city  and  county  jail  not  exceeding  three  months, 
or  by  both  such  fine  and  imprisonment.  In  all  cases 
of  violation  of  the  provisions  of  this  charter,  or  any 
ordinance  of  the  city  and  county,  the  several  justices 
of  the  peace  of  the  city  and  county  shall  have  original 
jurisdiction  and  an  appeal  may  be  taken  by  the 
aggrieved  party  from  such  judgments  to  the  county 
court,  where  such  cases  shall  be  tried  de  novo. 

Section  341.  The  mayor,  clerk,  auditor,  treas- 
urer and  assessor,  and  their  respective  deputies,  the 
members  of  any  commission  or  head  of  any  depart- 
ment, shall  have  power  to  administer  oaths  and  affir- 
mations, except  oaths  of  office. 

Section  342.  Before  the  city  and  county  shall  be 
liable  for  damages  to  any  person  injured  upon  any  of 
the  streets,  avenues,  alleys,  sidewalks  or  other  public 
places  of  the  city  and  county,  the  person  so  injured  or 
some  one  on  his  behalf,  shall,  within  sixty  days  after 
receiving  such  injuries,  give  the  mayor  notice  in  writ- 
ing  of  such  injuries,  stating  fully  in  such  notice, 
when,  where  and  how  the  injuries  occurred  and  the 
extent  thereof. 

Section  343.  Whenever  any  action  to  which  the 
city  and  county  is  a  party  defendant  is  commenced  in 
any  court  of  record  to  recover  damages  for  personal 
injuries  alleged  to  have  been  occasioned  by  reason  of 
negligence  of  the  city  and  county  or  of  any  of  its 
officers  or  agents,  it  shall  be  lawful  for  the  court, 
upon  application  of  the  city  and  county,  to  appoint 
not  more  than  two  competent  and  disinterested  wit- 
nesses for  the  purpose  of  making  examination  as  to 
the  fact  and  extent  of  the  alleged  injuries;  and  it 
shall  be  the  duty  of  the  plaintiff  to  submit  to  such  ex- 
amination by  such  witnesses  for  such  purpose,  upon 
the  order  of  the  court,  and  to  such  extent  only  as  may 
be  specified  therein;  and  if  the  plaintiff  shall  refuse 
to  submit  to  such  examination  in  compliance  with 
such  order,  then  no  evidence  shall  be  received  upon 
the  trial  concerning  any  injuries  of  which  in  and  by 


134 

the  order  of  the  court  such  witnesses  were  authorized 
to  make  examination. 

Section  344.  If  any  person  shall  recover  judg- 
ment against  the  city  and  county  for  damages  sus- 
tained to  person  or  property  by  reason  of  any  defect 
in  the  streets,  avenues,  alleys  or  public  places  of  the 
city  and  county,  the  city  and  county  shall  have  the 
right  to  recover  the  amount  of  said  judgment  from 
any  person  or  corporation  who  may  have  caused  such 
defect  or  from  whose  negligence  such  defect  may  have 
been  occasioned;  Provided,  such  person  or  corpora- 
tion so  causing  such  defect  as  aforesaid,  shall  have 
notice  of  the  pendency  of  any  action  against  the 
city  and  county  in  favor  of  the  person  sustaining 
damages  as  aforesaid,  but  in  the  absence  of  such  no- 
tice, the  person  or  corporation  so  causing  such  defect 
as  aforesaid,  shall  not  be  concluded  as  to  any  matter 
of  fact  determined  in  the  action  against  the  city  and 
county  by  the  person  sustaining  damages  as  aforesaid. 

Section  345.  No  territory  within  the  city  and 
county  shall  be  so  platted  as  to  dedicate  any  street, 
alley  or  other  public  highwaj',  without  the  approval 
of  the  council.  Owners  shall  submit  to  the  council  a 
plat  of  any  proposed  division,  showing  the  adjacent 
streets  and  alleys,  and  the  topography  of  the  platted 
territory,  accompanied  by  a  certificate  of  title  from 
the  attorney.  No  territory  shall  be  platted  unless  all 
taxes  and  special  assessments  thereon  shall  have  been 
paid.  One  plat  shall  be  filed  with  the  engineer  and 
another  with  the  recorder. 

Section  346.  In  all  appropriations  and  expendi- 
tures of  public  money  for  fire  and  police  protection, 
care  and  maintenance  of  streets,  the  furnishing  of 
light,  and  of  water,  the  council  shall  set  aside  for  and 
expend  in  that  part  of  the  city  and  county  included 
within  the  limits  of  the  municipalities  annexed  to  the 
city  of  Denver,  or  consolidated  with  the  city  and 
county,  its  just  share  in  proportion  to  the  assessed 
valuation,  as  near  as  may  be,  to  be  distributed  among 


135 

the  sections  comprised  by  the  former  municipalities 
in  the  same  proportion,  and  the  water,  and  light  ser- 
vice, and  fire  and  police  protection  of  such  former 
municipalities  shall  not  be  curtailed. 

Section  347.  No  officer  or  employe  shall  hold  or 
enjoy  any  other  public  office  or  public  employment 
for  which  he  is  paid  any  compensation.  No  officer  or 
employe  shall  become  surety  on  the  official  bond  of 
any  other  officer  or  employe. 

ARTICLE  XIV. 

SCHEDULE. 

Section  348.  Except  as  otherwise  herein  provided, 
all  ordinances  in  force  at  the  time  of  the  adoption  of 
this  charter,  so  far  as  not  inconsistent  herewith,  shall 
remain  in  full  force  and  effect  until  they  expire  by 
their  own  limitation  or  until  amended  or  repealed  by 
the  council.  All  rights,  liabilities,  obligations,  suits, 
actions,  prosecutions,  claims  and  contracts  of  the  city 
of  Denver,  the  former  county  of  Arapahoe,  the  in- 
cluded municipalities,  and  the  city  and  county  of  Den- 
ver shall  remain  and  continue  in  full  force  and  effect 
as  if  the  form  of  government  had  not  been  changed 
and  this  charter  adopted. 

Section  349.  All  the  ordinances  of  each  of  the 
former  municipalities  included  within  the  boundaries 
of  the  city  and  county  of  Denver,  establishing  fire  lim- 
its, providing  for  building  restrictions  or  prescribing 
the  character  of  buildings  to  be  erected  within  such 
municipalities,  or  any  portion  thereof,  shall  be  in 
force  and  effect  until  otherwise  provided  by  the 
council. 

Section  350.  All  recognizances,  obligations  and 
other  instruments  entered  into  or  executed  before  the 
adoption  of  this  charter,  to  the  city  of  Denver,  the 
former  county  of  Arapahoe,  any  included  municipal- 
ity, the  city  and  county  of  Denver  or  any  officer 
thereof  and  all  taxes,  fines,  penalties  and  forfeitures 


136 

due  or  owing  to  the  city  of  Denver,  the  former  county 
of  Arapahoe,  any  included  municipality,  the  city  and 
county  of  Denver,  or  any  officer  of  any  of  them,  and 
all  rights,  prosecutions,  actions  and  causes  of  action 
shall  continue  and  remain  unaffected  by  any  change 
in  the  form  of  government  or  by  the  adoption  of  this 
charter. 

Section  351.  The  police  magistrate's  court  of  the 
city  and  county  of  Denver,  and  the  term  of  office  of 
the  judge,  clerk  and  bailiff  thereof,  shall  terminate 
immediately  upon  the  election  and  qualification  of 
the  justices  of  the  peace,  at  the  first  city  and  county 
election  herein  provided  for.  But  all  pending  unsatis- 
fied sentences,  judgments  or  convictions  of  said  court, 
or  appeal  or  appeals  therefrom  shall  stand  in  all  re- 
spects as  though  said  court  had  not  been  terminated. 
All  records  of  and  proceedings  in  said  court  shall  at 
the  termination  thereof,  be  by  the  judge  and  clerk 
thereof,  turned  over  to  the  justice  of  the  peace  first 
performing  the  duties  of  police  magistrate  under  this 
charter,  who  shall  proceed  with  all  unfinished  busi- 
ness thereof  in  all  respects  as  though  the  same  had 
originated  in  his  court.  Within  ten  days  after  the 
termination  of  the  police  magistrate's  court  hereunder, 
the  judge  and  clerk  shall  make  a  complete  report  to 
said  justice  of  the  peace,  showing  the  number  and 
amount  of  unpaid  fines  and  penalties  by  him  imposed, 
with  the  names  of  the  defendants  or  persons  liable 
therefor.  He  shall  also  within  said  time,  render  an 
account  under  oath,  and  pay  over  to  the  auditor  all 
such  fines,  penalties  and  other  moneys  in  his  hands 
or  those  of  the  clerk,  belonging  to  the  city  and  county. 

Section  352.  The  county  court  herein  established 
shall  be  the  successor  of  the  county  court  of  the  former 
county  of  Arapahoe  and  of  the  city  and  county  of 
Denver.  The  justices  of  the  peace  provided  for  in  this 
charter  sliall  be  the  successors  of  the  justices  of  the 
peace  in  the  former  county  of  Arapahoe  and  the  in- 
cluded municipalities  and  in  the  city  and  county  of 


137 

Denver  and  of  the  police  magistrate's  court  of  the 
city  of  Denver  and  of  the  city  and  county  of  Denver 
and  of  police  magistrate  courts  of  included  municipali- 
ties, with  full  power  to  continue  to  prosecute  to  final 
conclusion  all  suits,  actions  and  prosecutions  now 
pending  and  undetermined  in  said  courts  and  with 
full  power  to  enforce  all  judgments  heretofore  entered 
in  any  and  all  of  said  courts. 

Section  353.  All  election  districts  and  precincts 
within  the  boundaries  of  the  city  and  county  as  at  the 
present  time  established  shall  remain  until  changed 
or  abolished  by  law  or  ordinance. 

AKTICLE  XV. 

AUDITORIUM. 

Section  354.  There  shall  be  submitted  to  the 
vote  of  the  taxpaying  electors  at  the  next  election  suc- 
ceeding the  adoption  of  this  charter,  the  following 
question : 

Question : — Shall  the  city  and  county  of  Denver 
issue  bonds  to  an  amount  not  exceeding  four  hundred 
thousand  dollars,  bearing  interest  at  a  rate  not  ex- 
ceeding four  per  centum  per  annum,  and  maturing  in 
not  less  than  fifteen,  nor  more  than  thirty  years,  the 
principal  to  be  payable  in  equal  annual  installments, 
commencing  the  first  year  following  the  issue  of  the 
bonds,  for  the  purpose  of  erecting  a  public  audito- 
rium, including  the  purchase  of  a  site  therefor,  if 
desired? 

Answers : 

Yes. 

No. 

Voters  wishing  to  vote  in  the  affirmative  shall 
put  a  cross  (X)  after  the  word  yes;  those  wishing  to 
vote  in  the  negative  shall  put  a  cross  (X)  after  the 
word  no. 


138 

In  case  the  issuance  of  bonds  for  the  erection  of 
an  auditorium  be  authorized,  the  council  shall  select 
and  may  condemn  or  purchase  the  site  therefor ;  and 
the  board  of  public  Avorks  shall  erect  the  auditorium 
and  have  control  of  all  matters  in  connection  there- 
with, except  the  selection  and  acquisition  of  the  site. 
The  auditorium  may  include  accommodations  for 
other  purposes  and  when  not  needed  for  the  use  of 
the  city  and  county,  the  auditorium  or  any  part  there- 
of may  be  rented.  The  auditorium,  when  completed, 
shall  be  under  the  control  of  the  commissioner  of  sup- 
plies under  such  rules  and  regulations  as  the  council 
may  determine. 


139 

Done  in  Convention^  at  the  council  chamber,  in 
the  city  and  county  of  Denver,  Colorado,  this  6th  day 
of  February,  in  the  year  of  our  Lord,  one  thousand 
nine  hundred  and  four,  and  of  the  independence  of  the 
United  States  the  one  hundred  and  twenty-eighth. 

In  Witness  Whereof,  we  have  hereunto  sub- 
scribed our  names. 

CHAKLES  H.  MARSHALL, 

President. 
HARPER  M.  ORAHOOD, 

Vice-President. 
CHARLES  M.  BROWN. 
THOJilAS  F.  DALY. 
JACOB  FILLIUS. 
JOHN  GAFFY. 
ALICE  POLK  HILL. 
DAVID  K.  LEE. 
OSCAR  REUTER. 
WM.  H.  SHARPLEY. 
JOS.  C.  SHATTUCK. 
AUGUST  J.  SPENGEL. 
HUGH  L.  TAYLOR. 
CHARLES  S.  THOMAS. 
EDWARD  F.  TRUNK. 
THOMAS  E.  WATTERS. 
WM.  P.  WEBB. 
CLAY  B.  WHITFORD. 
HIRAM  G.  WOLFF. 
BENJ.  E.  WOODWARD. 
ADOLPH  J.  ZANG. 
Attest : 

CHARLES  W.  VARNUM,  Secretary. 


'''^'^Jt.tlZ^/rJ^^Ct'^ 


tr"^ 


THE  CHARTER 

OF    THE 

CITY  OF  GRAND  JUNCTION, 
COLORADO. 


FRAMED  BY  THE   CHARTER  CONVENTION.  AUGUST  6.    1909. 


BY  AUTHORITY  OF  ARTICLE  XX.  OF  THE  CONSTITUTION. 


To  Be  Voted  on  September  14,  1909. 


OFFICIAL  COPY. 


Printed  by  A  uthority  of  the  City. 


THE  PROGREvSS  PRESS,   GRAND  JUNCTION    COLO. 


PREFATORY    SYNOPSIS 

OF    THE 

CHARTER  OF  THE  CITY  OF  GRAND  JUNCTION.  COLO. 

The  intent  and  purpose  of  this  charter  is  to  establish  a  ft'ee  and  inde- 
pendent city,  and  to  restore  to  and  vest  in  the  people  of  the  city,  so  far 
as  the  constitution  of  the  state  will  permit,  their  naturaj,  inherent,  and 
inalienable  right  of  local  self-government,  with  all  Its  po\^ers,  duties,  and 
responsibilities. 

To  that  end,  under  and  by  the  provisions  of  this  charter:  — 

The  municipal  government  is  vested,  independently  of  legislative  inter- 
ference, with  all  powers  not  denied  it  by  the  constitution  of  the  state. 

The  people  of  the  city  are  vested  with  its  supreme  legislative  powers, 
with  easy  preliminary  conditions  in  making  and  changing  its  charter  and 
ordinances,  and  also  with  the  absolute  and  exclusive  power  of  authorizing:, 
regulating  or  terminating  its  public  service  corporations,  and  of  recalling 
its  elective  officers. 

The  preferential  system  of  voting  has  been  established,  in  lieu  of  direct 
primaries  or  of  second  elections,  thus  securing  a  unique  asd  accurate  ex- 
pression of  the  public  will  at  the  polls,  with  the  minimum  of  cost  and 
etort. 

Partisan  and  machine  politics  and  government  are  inhibited,  and  a 
municipal  democracy  substituted  therefor. 

No  fixed  tenure  of  office  or  employment  is  permitted  except,  subject  to 
recall  of  elective  oificers,  and,  as  authorized  by  a  classified  civil  service, 
for  employes. 

The  city  wards  and  the  saloons  have  been  abolished. 

Opportunities  for  graft  and  favoritism  In  Innumerable  directions  have 
been  eliminated. 

Boards  have  been  established  to  care  for  the  public  library,  parks, 
charities,  and  civil  service. 

The  city  has  been  divided  into  five  administrative  departments,  viz.: 

I.  Public  Affairs. 

II.  Finance  and  Supplies. 

III.  Highways.  .  .       ■  •  l-i 

IV.  Health  and  Civic  Beauty. 

V.  Water  and  Sewers. 

The  question  of  having  thpee  commissioners  to  administer  the  five  de- 
partments, instead  of  the  five  provided  for  in  the  charter,  is  submitted  as 
an  alternative  question  to  a  vote  of  the  qualified  electors  at  the  same  time 
that  they  vote  on  Wie  adoption  of  the  charter. 

The  commission  form  of  government  has  been  improved  and  adopted, 
electing  each  commissioner  directly  to  his  department,  and  clearly  de- 
fining his  duties. 

Bach  commissioner  is  required  to  take  the  active  charge  and  managfll- 
ment  of  his  department,  giving  his  whole  time  thereto,  and  has  b«fbr« 

J 


him  the  opportunity  and  incentive  of  becoming  a  specalist  therein,  and 
thus  of  establishing  a  most  efficient  administration. 

The  mayor  as  judge  of  the  Municipal  Court,  superceding  a  judgeship 
dpppudent  on  the  fee  system,  also  as  chief  executive  and  head  of  the  po- 
lice department,  is  made  the  paternal  guardian  of  juvenile  and  other  un- 
fortunate police-classes. 

An  efficient  financial  system  and  purchasing  agency  for  the  city  has 
been  provided,  and  special  taxation  limited. 

A  beautiful,  sanitary  and  prosperous  city  is  provided  for. 

The  city  water  works  system  is  retained,  its  extension  and  improve- 
ment facilitated,  and  equitable  rates  for  water  not  exceeding  cost,  are 
required. 

The  proposed  charter  preserves  every  valuable  feature  of  our  state 
laws,  and  has  introduced  only  such  new  provisions  as,  after  careful  con- 
sideration, were  deemed  advisable  and  necessary. 

The  contents  are  arranged  as  follows: 

Article  I.  Name,  Boundaries,  Powers,  Rights  and  Liabilities. 

Article  II.  Elections. 

Article  III.        Recall  of  Elective  Officers. 

Article  IV.         Elective  Officers. 

Article  V.  The  Mayor. 

Article*  VI.         The  Council. 

Article  VII.       Executive  and  Administrative  Departments. 

Article  VIII.     Department  of  Public  Affairs. 

Article  IX.         Department  of  Finance  and  Supplies. 

Article  X.  Department  of  Highways. 

Article  XI.         Department  of  Health  and  Civic  Beauty. 

Article  XII.       Department  of  Water  and  Sewers. 

Article  XIII.      Officers  and  Employes. 

Article  XIV.      Franchises  and  Public  Utilities. 

Article  XV.        Commissions  and  Boards. 

A-rticle  XVI.      Direct  Legislation  by  the  People. 

Article  XVIT.     General  Provisions, 


THE    CHARTER 

OF    THE 

CITY    OF    GRAND    JUNCTION.    COLORADO. 


PREAMBLE. 

We,  the  people  of  the  city  of  Grand  Junction,  under  the  authority  of 
the  constitution  of  the  State  of  Colorado,  do  ordain  and  establish  this 
Charter  for  the  city  of  Grand  Junction,  Colorado. 

ARTICLE  I. 

NAME,  BOUNDARIES,  POWERS,  RIGHTS  AND  LIABILITIES. 

1.  ^'ame — Boundaries. — The  municipal  corporation  now  existing  and 
known  as  the  "City  of  Grand  Junction,"  shall  remain  and  continue  to  be 
a  body  politic  and  corporate  under  the  same  nam©  and  with  the  same 
boundaries,  with  power  and  authority  to  change  its  boundaries  in  manner 
authorized  by  law. 

2.  Powers — Eights — Liabilities. — By  the  name  of  the  "City  of  Grand 
Junction,"  the  city — 

(a)  Shall  have  perpetual  succession,  and  shall  own,  possess  and  hold 
all  property,  real  and  personal,  theretofore  owned,  possessed,  or  held  by  the 
said  City  of  Grand  Junction,  and  bhdli  assume,  manage,  and  dispose  of  all 
trusts  in  any  way  connected  therewith; 

(b)  Shall  succeed  to  all  the  rights  and  liabilities,  and  shall  acquire 
all  benefits,  and  shall  assume  and  pay  all  bonds,  obligations  and  indebted- 
ness of  said  city  of  Grand  Junction;  by  that  name  may  sue  and  defend, 
plead  and  be  impleaded,  in  all  courts  and  places,  and  in  all  matters  and 
proceedings;  may  have  and  use  a  common  seal  and  alter  the  same  at 
pleasure;  may  purchase,  receive,  hold  and  enjoy,  or  sell  and  dispose  of, 
real  and  personal  property; 

(c)  May  receive  bequests,  gifts  and  donations  of  all  kinds  of  prop- 
erty in  fee  simple,  or  in  trust  for  public,  charitable,  or  other  purposes; 
and  do  all  things  and  acts  necessary  to  carry  out  the  purpose  of  such 
gifts,  bequest  and  donations,  with  power  to  manage,  sell,  lease  or  other- 
wise dispose  of  the  same  in  accordance  with  the  terms  of  the  gift,  be- 
quest or  donation; 

(d)  Shall  have  the  power,  within  or  without  its  territorial  limits,  to 
construct,  condemn  and  purchase,  purchase,  acquire,  lease,  add  to,  main- 
tain, conduct  and  operate  waterworks,  light  plants,  telephone  systems, 
power  plants,  transportation  systems,  heating  plants,  and  any  other  pub- 
lic utilities  or  works  or  ways  local  in  use  and  extent,  in  whole  or  in  part, 
and  everything  required  therefor,  for  the  use  of  said  city  and  the  inhab- 
itants thereof,  and  any  such  systems,  plants,  or  works  or  ways,  or  any 
contracts  in  relation  or  connection  therewith,  that  may  exist  and  which 
said  city  may  desire  to  purchase,  in  whole  or  in  part,  the  same  or  any 


part  tl^preof  may  be  purchaaed  by  said  City  which  may  enforote  such  pur- 
chase by  proceedings  at  law  as  in  taking  land  for  public  use  by  right  of 
eminent  domain,  and  shall  have  the  power  to  issue  bonds  upon  the  vote 
of  the  taxpaying  electors,  at  any  special  or  general  election,  in  any 
amount  necessary  to  carry  out  any  of  said  powers  or  purposes; 

(e)  The  legislative,  executive  and  judieial  powers  of  the  City  shall 
extend  to  all  matters  of  local  and  municipal  government,  it  being  the  in- 
tent hereof  that  the  specifications  of  particular  powers  by  any  other  pro- 
vision of  thte  Charter,  shall  never  be  construed  as  impairing  the  effect  of 
the  general  grant  of  powers  of  locai  government  hereby  bestowed; 

(f)  The  City  shall  also  have  all  poweps,  privileges  and  functions 
which,  by  or  pursuant  to  the  Constitution  of  this  State,  have  been,  or 
could  be,  granted  to  or  exercised  by  any  City  of  the  first  or  second  class; 

(g)  All  powers  of  the  City  shall,  except  as  otherwise  provided  in  this 
Charter,  be  vested  in  its  elective  oflacers,  subject  to  distribution  and  dele- 
gation of  such  powers  as  provided  in  this  Charter  or  by  ordinance. 


ARTICLE  II. 

ELECTIONS. 

3.  General  and  Special  Municipal  Elections.— A  municipal  election 
shall  be  held  in  the  city  on  the  first  Tuesday  after  the  first  Monday  in 
November  1909,  and  on  the  first  Tuesday  after  the  first  Monday  in  No- 
vember on  every  second  year  thereafter,  and  shall  be  known  as  the  Gen- 
eral Municipal  Election.  All  other  municipal  elections  that  may  be  held, 
shall  be  known  as  Special  Municipal  Elections. 

4.  Registration. — ^No  person  shall  be  permitted  to  vote  at  any  munici- 
pal election  without  having  been  registered.  The  registration  shall  be 
the  same  as  is  now  or  may  hereafter  be  provided  by  the  general  laws  of 
ttie  State,  except  as  the  council  may  otherwise  by  ordinance  provide. 

5.  Judges  and  Clerks. — The  judges  and  clerks  of  any  election  shall  be 
selected  from  a  list  of  persons,  one  each  of  whom  may  be  proposed  for 
each  election  precinct  by  each  candidate.  In  case  there  are  five  candi- 
dates or  more  who  present  lists  at  any  election,  not  more  than  one  judge 
or  clerk  of  election  shall  be  chosen  for  each  precinct  from  the  names  pro- 
posed by  any  one  candidate.  All  such  lists  shall  be  proposed  in  writing 
at  least  fifteen  days  before  election.  In  case  an  insufficient  number  of 
names  are  so  proposed,  the  city  council  may  select  such  number  as  may 
be  necessary  in  order  to  provide  three  judges  and  two  clerks  for  each 
election  precinct. 

6.  Nomination  and  Election  of  Oftioers. — The  mode  of  nomination  and 
election  of  all  elective  officers  of  the  city  to  be  voted  for  at  any  municipal 
election  shall  be  as  fcllows  and  not  otherwise: 


7.  Condition  of  Candidacy. — The  name  of  a  candidate  shall  be  printed 
upon  the  ballot  when  the  petition  of  nomination  shall  have  been  filed  in 
his  behalf,  in  the  manner  and  form  and  under  the  conditions  hereinafter 
set  forth. 

8.  Form  of  domination  Petition. — The  petition  of  nomination  shall 
consist  of  not  less  than  twenty-five  (25)  individual  certificates  which  shall 
read  substantially  as  follows: 

PETITION  OF  NOMINATION, 

Individnal  Certificate. 

STATE  OF  COLORADO, 

County  of  Mesa, 
City  of  Grand  Junction. 

I  do  hereby  join  in  a  petition  for  the  nomination  of 

whose  residence  is  at  No 

Street,  Grand  Junction,  for  the  office  of , 

to  be  voted  for  at  the  municipal  election  to  be  held  in  the  city  of  Grand 

Junction,  on  the day  of "!  9 ; 

and  I  certify  that  I  am  a  qualified  elector,  and  am  not  at  this  time  a 
signer  of  any  other  certificate   nominating   any   other  candidate  for  the 

above  named  office ;  that  my  residence  is  at  No 

Street,  Grand  Junction,  and  that  my  occupation  is 

I  also  certify  that  I  believe  the  above  named  person  is  especially- 
qualified  to  fill  the  said  office  and  is  of  a  good  moral  character.  I  further 
certify  that  I  join  in  this  petition  for  the  nomination  of  the  above  named 
person  believing  that  he  has  not  become  a  candidate  as  the  nominee  or 
representative  of,  or  because  of  any  promised  support  from  any  political 
party,  or  any  committee  or  convention  representing  or  acting  for  any 
political  party. 

(Signed) 

STATE  OF  COLORADO, 

County  of  Mesa, 
City  of  Grand  Junction 

,    being    first    duly    sworn, 

deposes  and  says  that  he  is  the  person  who  signed  the  foregoing  certificate, 
and  that  the  statements  therein  are  true. 

(Signed) 

Subscribed  and  sworn  to  before  me  this day  of 

,  A.  D.  19 


My  commission  expires 

Notary   Public. 


The   petition   of   nomination,   of   which   this   certificate   forms   a   part 

shall,  if  found  insufficient,  be  returned  to 

at  No Street,  Grand  Junction. 

9.  Forms  Supplied  by  City  Clerk. — It  shall  be  the  duty  of  the  city 
clerk  to  furnish  upon  application,  a  reasonable  number  of  forms  of  such 
individual  certificates,  and  of  acceptances  or  rejections  of  nomination. 

10.  Eequlreiiieuts  of  Certificate. — Each  certificate  must  be  a  separate 
paper.  All  certificates  must  be  of  a  uniform  size  as  determined  by  the 
city  clerk.  Each  certificate  must  contain  the  name  and  signature  of  one 
signer  thereto  and  no  more.  Each  certificate  must  contain  the  name  of 
one  candidate  and  no  more.  In  case  an  elector  has  signed  two  or  more 
conflictiag  certificates,  all  such  confiicting  certificates  shall  be  rejected. 
Each  signer  must  make  oath  to  his  certificate  before  a  Notary  Public 
substantially  in  the  form  prescribed  in  section  8  of  this  article. 

11.  Date  of  Presenting  Petition. — Twenty-five  or  more  of  such  indi- 
vidual certificates  shall  constitute  a  petition  of  nomination  for  any  one 
candidate,  and  shall  be  presented  to  the  city  clerk,  not  earlier  than  thirty 
nor  later  than  twenty  days  before  the  election.  The  clerk  shall  endorse 
thereon  the  date  upon  which  the  petition  was  presented  to  him,  and  by 
whom  presented. 

12.  Examination  of  Petition  by  City  Clerk. — When  a  petition  of  nomi- 
nation is  presented  to  the  city  clerk  for  filing,  h©  shall  forthwith  exam- 
ine the  same,  and  ascertain  whether  it  conforms  to  the  provisions  of  this 
article.  If  found  not  to  conform  thereto,  he  shall  then  and  there  in  writ- 
ing on  said  petition  state  the  reason  why  such  petition  cannot  be  filed, 
and  shall  forthwith  return  the  petition  to  the  person  present- 
ing the  same,  named  as  the  person  to  whom  it  shall  be 
returned  in  accordance  with  this  article.  The  petition  may  then  be 
amended  and  again,  but  not  later  than  three  days  after  said  petition  shall 
have  been  returned,  presented  to  the  city  clerk,  as  in  the  first  instance. 
The  city  clerk  shall  forthwith  proceed  to  examine  the  amended  petition 
as  hereinbefore  provided. 

13. — Filing  of  Petitions. — If  either  the  original  or  the  amended  petition 
of  nomination  be  found  sufficiently  signed,  as  hereinbefore  provided,  the 
city  clerk  shall  file  the  same  forthwith. 

14.  Withdrawal  or  Acceptance. — Any  person  whose  name  has  been 
presented  under  this  article  as  a  candidate  may,  not  later  than  fifteen 
days  before  the  election,  cause  his  name  to  be  withdrawn  from  nomination 
by  filing  with  the  city  clerk  a  request  therefor  in  writing,  under  his  own 
signature,  duly  attested  by  a  Notary  Public,  and  no  name  so  withdrawn 
shall  be  printed  upon  the  ballot.  Any  person  nominated  under  this  article 
shall  file  his  acceptance  with  the  city  clerk  not  later  than  fifteen  days 
before  the  day  of  election,  and  in  the  absence  of  such  acceptance,  the 
name  of  the  candidate  shall  not  appear  on  the  ballot. 

6 


15. — Form  of  Acceptance. — The  acceptance  mentioned  in  the  preceding 
paragraph  shall  be  substantially  in  the  following  form: 

STATE  OF  COLORADO, 

County  of  Mesa, 
City  of  Grand  Junction. 

I,   ,  having  heretofore  been 

nominated  for  the  office  of in  said  city, 

do  hereby  accept  the  said  nomination,  and  I  have  not  become,  and  am  not 
a  candidate  as  the  nominee  or  representative  of,  or  because  of  any  prom- 
ised support  from  any  political  party,  or  any  committee  or  convention 
representing  or  acting  for  any  political  party,  or  organization. 


(Signed) , 


Subscribed  and  sworn  to  before  me  this day  of 

,  A.  D.  19 ...  . 

My  commission  expires 


Notary  Public. 

16. — Preservation  of  Petitions,  Etc. — The  city  clerk  shall  preserve  in 
his  office,  for  a  period  of  two  years,  all  petitions  of  nomination,  and  all 
certificates,  acceptances,  and  rejections  belonging  thereto  filed  under  this 
article. 

17.  Election  Notices. -The  city  clerk  shall,  on  the  tenth  day  before 
every  city  election,  certify  a  list  of  the  candidates  so  nominated  for  office 
at  such  election,  whose  names  are  entitled  to  appear  on  the  ballot,  as 
being  the  list  of  candidates  nominated  as  required  by  this  charter,  to- 
gether with  the  offices  to  be  filled  at  such  election,  designating  whether 
such  election  is  for  a  full  or  unexpired  term;  and  he  shall  file  in  his 
oflfice  said  certified  list  of  names  and  the  offices  so  to  be  filled,  and  he  shall 
cause  to  be  published  in  a  notice  calling  such  election,  for  three  suc- 
cessive days  before  such  election,  in  two  daily  newspapers  of  general  cir- 
culation, and  published  in  the  city  of  Grand  Junction,  an  election  notice, 
which  said  notice  shall  contain  a  list  of  said  names  of  candidates,  the 
offices  to  be  filled,  and  the  time  when,  and  the  places  of  holding  such 
election. 

IS.  Preferential  Ballot — Form. — The  city  clerk  shall  cause  ballots  for 
each  general  and  special  election  to  be  printed,  bound,  numbered,  en- 
dorsed, and  authenticated,  as  provided  by  the  constitution  and  laws  of 
the  State,  except  as  otherwise  required  in  this  Charter.  The  ballots  shall 
contain  the  full  list  and  correct  name  of  all  the  respective  offices  to  be 
filled,  and  the  names  of  the  candidates  nominated  therefor.  It  shall  be  in 
substantially  the  following  form  with  the  cross  (X)  omitted  when  there 
are  four  or  more  candidates  for  any  office.  (When  there  are  three  and 
not  more  candidates  for  any  oflfice,  then  the  ballot  shall   give  first  and: 

7 


second  choice  only;  when  there  are  less  than  three  candidates  for  any 
office,  all  distinguishing  columns  as  to  choice,  and  all  reference  to  choice, 
may  be  omitted.) 

GENERAL    (OR   SPECIAL)    MUiNICIPAL   ELECTION,   CITY   OF   GRAND 
JUNCTION.     (Inserting  date  thereof) 

lustructions. — To  vote  for  any  person,  make  a  cross  (X)  in  ink  in  the 
square  in  the  appropriate  column  according  to  your  choice,  at  the  right 
of  the  name  voted  for.  Vote  your  first  choice  in  the  first  column;  vote 
your  second  choice  in  the  second  column;  vote  any  other  choice  in  the 
third  column;  vote  only  one  first  and  only  one  second  choice.  Do  not 
vote  more  than  one  choice  for  one  person,  as  only  one  choice  will  count 
for  any  candidate  by  this  ballot.  Omit  voting  for  one  name  for  each 
office,  if  more  than  one  candidate  therefor.  All  distinguishing  marks  make 
the  ballot  void.  If  you  wrongly  mark,  tear,  or  deface  this  ballot,  return 
it,  and  obtain  another. 


Commissioners  of 
Public  Affairs. 


I  First  Choice    |  Second  Cho ice  j  Third  Choice 


John  Doe                                  | 

1 

1 

X     1 

James  Foe                               |            X             |                            | 

Louis  Hoe                                |                             |             X              | 

Dick  Joe                                  1                            1                            1            X 

Richard  Roe 

1              1              1 

1              1              1 

Commissioner 
of  Highways. 

1 

Mary  Brown 

X          1                     1 

Harry  Jones 

1     X     1 

Fred  Smith 

1         1 

1           1 

Commissioner  of 
Water  and  Sewers. 

Joe  Black 

XI                        1                        1 

Robert  White 

1          1          1 

1          1          1 

Charter  Amendments,  Ordinances,  or  Other  K«ferendum  Propositions. 

19.  Blank  Spaces  for  Additional  Candidates.— One  space  shall  be  left 
below  the  printed  narcea  of  the  candidates  for  each  office  to  be  voted 
for.  wherein  the  voter  may  write  the  name  of  any  person  for  whom  he 
may  wish  to  vote. 

20.  Requirements  of  Ballots.— All  ballots  printed  shall  be  identical,  so 
that  without  the  numerical  number  thereon  it  would  be  impossible  to 
distinguish   one   ballot   from   another.     Space   shall   be   provided   on   the 


ballot  for  Charter  Amendments  or  other  questions  to  be  voted  on  at  the 
municipal  elections,  as  provided  by  this  charter.  The  names  of  candidates 
for  each  office  shall  be  arranged  in  alphabetical  order  of  the  sur-names. 
Nothing  on  the  ballot  shall  be  indicative  of  the  source  of  the  candidacy, 
or  of  the  support  of  any  candidate.  No  ballot  shall  have  printed  thereon 
any  party  or  political  designation  or  mark,  and  there  shall  not  be  ap- 
pended to  the  name  of  any  candidate  any  such  party  or  political  desig- 
nation or  mark,  or  anything  indicating  his  views  or  opinions. 

21.  Sample  Ballots. — The  city  clerk  shall,  at  least  five  days  l)efore 
the  election,  cause  to  be  printed  not  less  than  five  hundred  sample  bal- 
lots, upon  paper  of  different  color,  but  otherwise  identical  with  the  ballot, 
to  be  used  at  the  election,  and  shall  distribute  the  same,  upon  applica- 
tion of  the  candidates,  to  the  registered  voters  at  his  office. 

32.  Cainass  and  Election. — As  soon  as  the  polls  are  closed,  the  elec- 
tion judges  shall  immediately  open  the  ballot  boxes,  take  therefrom  and 
count  the  ballots,  and  enter  the  total  number  thereof  on  the  tally  sheet 
provided  therefor.  They  shall  also  carefully  enter  the  number  of  the 
first,  second,  and  third  choice  votes  for  each  candidate  on  said  tally  sheet 
and  make  return  thereof  to  the  city  clerk  as  provided  by  law.  Xo  vote 
shall  be  counted  for  any  candidate  more  than  once  on  any  ballot,  all  sub- 
sequent votes  on  that  ballot  for  that  candidate  being  void. 

The  person  receiving  more  than  one-half  of  the  total  number  of  bal- 
lots cast  at  such  election  as  the  first  choice  of  the  electors  for  any  office 
shall  be  elected  to  that  office;  provided,  that  if  no  candidate  shall  receive 
such  a  majority  of  the  first  choice  votes  for  such  office,  then  and  in  that 
event,  the  name  of  the  candidate  printed  on  the  ballot  having  the  smallest 
number  of  first  choice  votes,  and  all  names  written  on  the  ballot  having  a 
less  number  of  votes,  than  such  last  named  candidate,  shall  be  excluded 
from  the  count,  and  votes  for  such  candidate  or  persons  so  excluded  shall 
not  thereafter  be  counted.  A  canvass  shall  then  be  made  of  the  second 
choice  votes  received  by  the  remaining  candidates  for  said  office;  said  sec- 
ond choice  votes  shall  then  be  added  to  the  first  choice  votes  received  by 
each  remaining  candidate  for  such  office,  and  the  candidate  receiving  the 
largest  number  of  said  first  and  second  choice  votes,  If  such  votes  consti- 
tute a  majority  of  all  ballots  cast  at  such  election,  shall  be  elected  thereto; 
and  provided,  further,  that  if  no  such  candidate  shall  receive  such  a  major- 
ity after  adding  the  first  and  second  choice  votes,  then  and  in  that  event, 
the  name  of  the  candidate  then  having  the  smallest  number  of  first  and 
second  choice  votes  shall  be  excluded  from  the  count,  and  no  votes  for 
such  candidate  so  excluded  shall  thereafter  be  counted.  A  canvass  shall 
then  be  made  of  the  third  choice  votes  received  by  the  remaining  candi- 
dates for  such  office;  said  third  choice  votes  shall  then  be  added  to  the 
first  and  second  choice  votes  received  by  each  remaining  candidate  for 
such  office,  and  such  remaining  candidate  receiving  the  highest  number  of 
first,  second,  and  third  choice  votes  shall  be  elected  thereto.  When  the 
name  of  but  one  person  remains  as  a  candidate  for  any  office,  such  per- 


son  shall  be  elected  thereto  regardless  of  the  number  of  votes  received. 

A  tie  between  two  or  more  candidates  is  to  be  decided  in  favor  of  the 
one  having  the  greatest  number  of  first  choice  votes.  If  all  are  equal  in 
that  respect,  then  the  greatest  number  of  second  choice  votes  determine 
the  result.  If  this  will  not  decide,  then  the  tie  shall  be  determined  by  lot, 
under  the  direction  of  the  canvassing  board. 

Whenever  the  word  "majority"  is  used  in  this  section,  it  shall  mean 
more  than  one-half  of  the  total  number  of  ballots  cast  at  such  election. 

23.  Informalities  in  Election. — No  informalities  in  conducting  munici- 
pal elections  shall  invalidate  the  same,  if  they  have  been  conducted  fairly 
and  in  substantial  conformity  with  the  requirements  of  this  charter. 

24.  Use  of  Carriages  on  Day  of  Election. — No  candidate  for  any  elec- 
tive office  shall  directly  or  indirectly  use  or  cause  to  be  used  in  aid  of 
his  candidacy  on  the  day  of  any  municipal  election,  more  than  one  car- 
riage or  other  vehicle  to  aid  voters  to  get  to  the  polling  places.  Such 
carriage  or  other  vehicle  shall  be  used  to  transport  only  those  voters 
who  by  reason  of  illness  or  other  infirmity  are  unable  to  go  to  the  polling 
places  unless  so  transported.  Any  candidate  desiring  to  use  the  one  car- 
riage or  other  vehicle  above  mentioned  shall,  not  less  than  one  day  prior 
to  the  day  of  election,  file  in  the  office  of  the  clerk  a  statement  of  such 
desire  on  his  part,  which  shall  contain  such  a  description  of  the  carriage 
or  vehicle  he  desires  to  use  as  will  readily  identify  the  same.  No  other 
carriage  or  vehicle  than  the  one  so  described  in  the  said  statement  shall 
be  used  by  the  said  candidate,  or  by  any  committee  or  association  pro- 
moting his  candidacy  for  the  purpose  of  conveying  voters  to  the  polling 
places  on  the  day  of  election. 

A  violation  of  any  of  the  provisions  of  this  section  by  any  candidate 
shall  disqualify  him  from  holding  the  office  for  which  he  is  a  candidate. 

Every  elective  officer  of  the  city  shall,  at  the  time  he  takes  the  oath 
of  office,  be  required  to  take  and  subscribe  an  oath  that  he  has  not 
violated  any  of  the  provisions  of  this  section. 

25.  General  Election  Regnlations. — The  provisions  of  any  State  law, 
now  or  hereafter  in  force,  except  as  the  council  may  otherwise  by  ordi- 
nance provide,  relating  to  the  qualifications  and  registration  of  electors, 
the  manner  of  voting,  the  duties  of  election  officers,  the  canvassing  of  re- 
turns, and  all  other  particulars  in  respect  to  the  management  of  elections,, 
except  as  otherwise  provided  in  this  article,  so  far  as  they  may  be  ap- 
plicable, shall  govern  all  rilunicipal  elections;  provided,  also,  that  the 
Council  shall  meet  as  a  canvassing  board  and  duly  canvass  the  election 
returns  within  two  days  after  any  municipal  election.  Whenever  any 
member  of  the  council  is  a  candidate  for  re-election,  the  council  shall  ap- 
point some  Justice  of  the  Peace  or  Notary  Public  of  said  city  to  take  the 
place  of  said  candidate  upon  said  canvassing  board  as  a  member  thereof. 

26.  Voting'  Machines. — The  city  council  may  by  ordinance  authorize 
the  use  of  voting  machines,  provided  said  machines  are  so  constructed  as; 

10 


to  carry  out  the  provisions  of  this  article  in  reference  to  Preferential 
Voting;  provided,  however,  said  ordinance  may  be  adopted  only  upon  vote 
of  the  qualified  electors  of  the  city. 

AKTKM.E  III. 

RECALL  OF  ELECTIVE  OFFICERS. 

27.  Applies  to  All  Elective  Officers. — Any  holder  of  an  elective  ofhce 
may  be  recalled  and  removed  therefrom  by  the  qualified  electors  of  the 
city  as  provided  in  this  Article. 

2S.  Petition  for  Recall. — Any  qualified  elector  of  the  city  may  make 
and  file  with  the  city  clerk  an  aflftdavit  containing  the  name  of  the  officer 
sought  to  be  removed,  and  a  specific  statement  of  the  grounds  of  removal. 
The  Clerk  shall  thereupon  deliver  to  the  elector  making  such  affidavit,  a 
sufficient  number  of  copies  of  petitions  for  such  recall  and  removal, 
printed  forms  of  which  he  shall  keep  on  hand.  Such  petitions  shall  be 
issued  by  the  clerk  with  his  signatui'e  and  official  seal  thereto  attached; 
they  shall  be  dated  and  addressed  to  the  city  council,  shall  contain  the 
name  of  the  person  to  whom  issued,  the  number  of  forms  so  issued,  the 
name  of  the  person  sought  to  be  removed,  the  office  from  which  such 
removal  is  sought,  the  grounds  of  such  removal  as  stated  in  said  affidavit, 
and  shall  demand  the  election  of  the  successor  to  such  office,  a  copy  of 
which  petition  shall  be  entered  in  a  record  book  to  be  kept  in  the  office 
of  said  Clerk.  Any  defect  in  said  form  or  record  shall  not  invalidate  the 
same.  Said  recall  petition  must  be  returned  and  filed  with  said  Clerk 
within  thirty  days  of  its  issuance.  Said  petitions  before  being  returned 
and  filed,  shall  be  signed  by  qualified  electors  equal  in  number  to  at  least 
twenty  per  centum  of  the  last  preceding  vote  cast  for  all  the  candidates 
for  Governor  of  the  State  of  Colorado  by  the  electors  of  the  city,  and  to 
each  such  signature  shall  be  attached  his  place  of  residence,  giving  the 
street  and  number.  Such  signatures  need  not  all  be  on  one  paper.  One 
of  the  signers  of  each  such  paper  shall  make  an  affidavit  thereto  that  the 
statements  therein  contained  are  true,  and  that  eaoh  signature  appended 
to  the  paper  is  the  genuine  signature  of  the  person  whose  name  it  purports 
to  be.  All  such  papers  for  the  recall  of  any  one  officer  shall  be  fastened 
together  and  filed  as  one  instrument,  with  the  indorsements  thereon  of 
the  names  and  addresses  of  three  persons  designated  as  filing  the  same. 

29.  Petition  May  Be  Amended  or  New  Petition  Made. — Within  ten  days 
from  the  filing  of  said  petition,  the  clerk  shall  ascertain  by  examination 
thereof  and  of  the  registration  books  and  election  returns,  whether  the 
petition  is  signed  by  the  requisite  number  of  qualified  electors,  and  shall 
attach  thereto  his  certificate  showing  the  result  of  such  examination.  He 
shall,  if  necessary,  be  allowed  extra  help  by  the  council. 

If  his  certificate  shows  the  petition  to  be  insufficient,  he  shall  within 
said  ten  days  so  notify  in  writing  one  or  more  of  the  persons  designated 
on  the  petition  as  filing  the  same;   and  the  petition  may  be  amended  at 

11 


any  time  within  ten  days  from  the  filing  of  the  certificat-e.  The  clerk 
shall,  within  ten  days  after  such  amendment,  make  like  examination  of 
the  amended  petition,  and  attach  thereto  his  certificate  of  the  result.  If 
still  insufficient,  or  if  no  amendment  is  made,  he  shall  return  the  petition 
to  one  of  the  persons  designated  thereon  as  filing  it,  without  prejudice, 
however,  to  the  filing  of  a  new  petition  for  the  same  purpose. 

30.  Election   Under  Becsill   Petition,  Unless   Officer  Resigns.    If  the 

petition  or  amended  petition  shall  be  found  and  certified  by  the  Clerk  to 
be  sufficient,  he  shall  submit  the  same  with  his  certificate  to  the  Council 
without  delay,  and  the  Council  shall,  if  the  officer  sought  to  be  removed 
does  not  resign  within  five  days  thereafter,  thereupon  order  an  election 
to  be  held  on  a  Tuesday  fixed  by  it,  not  less  than  thirty  nor  more  than 
forty  days  from  the  date  of  the  Clerk's  certificate  that  a  sufficient  petition 
is  filed;  provided,  however,  that  if  any  other  municipal  election  is  to  occur 
within  sixty  days  from  the  date  of  the  Clerk's  certificate,  the  Council  may, 
in  its  discretion,  postpone  the  holding  of  the  removal  election  to  the  date 
of  such  other  municipal  election.  If  a  vacancy  occur  in  said  o.'fice  after 
a  removal  election  has  be«n  so  ordered,  the  election  shall  nevertheless 
proceed  as  in  this  Article  provided. 

31.  Candidates — Election. — Any  officer  sought  to  be  removed  may  be 
a  candidate  to  succeed  himself,  and  unless  he  requests  otherwise  in  writ- 
ing, the  Clerk  shall  place  his  name  on  the  official  ballot  without  nomina- 
tion. The  nomination  of  other  candidates,  the  publication  of  notice  of 
such  removal  election,  and  the  conduct  of  the  same,  shall  all  be  in  accord 
with  the  provisions  of  Article  II  hereof,  relating  to  elections. 

32.  Incumbent  Kemoved. — The  incumbent  shall  continue  to  perform 
the  duties  of  his  ofl^ce  until  the  removal  election.  If  then  elected,  he  shall 
continue  in  office  for  the  balance  of  his  term.  If  not  then  elected,  he  shall 
be  deemed  removed  upon  the  qualification  of  his  successor,  who  shall 
hold  office  during  the  unexpired  term.  If  the  successor  fails  to  qualify 
within  ten  days  after  receiving  notifieation  of  his  election,  the  incumbent 
shall  thereupon  be  deemed  removed  and  the  office  vacant. 

33.  >o  Recart  Petition  for  First  Tliree  Months. — No  recall  petition 
shall  be  filed  against  any  officer  until  he  has  actually  held  his  oflfice  for 
at  least  three  months. 

34.  Incapacity  of  Recalled  Officer. — N©  person  who  has  been  removed 
from  an  office  by  recall,  or  who  has  resigned  from  such  oflSce  while  recall 
proceedings  were  pending  against  him,  shall  be  appointed  to  any  ofl!ice 
within  one  year  after  such  removal  by  recall  or  resignation. 

ARTICLE  IV. 

ELECTIVE  OFFICERS. 

35.  Officers — Terms — Salaries. — The  elective  officers  of  this  city  shall 
consist  of  five  commissioners:  one  of  whom  shall  be  the  Commissioner  of 

12 


Public  Affairs  and  ex  officio  ^layor;  one  shall  be  the  Commissioner  of 
Finance  and  Supplies;  one  shall  be  the  Commissioner  of  Highways;  one 
shall  be  the  Commissioner  of  Health  and  Civic  Beauty;  and  o«e  shall  be 
the  Commissioner  of  Water  and  Sewers;  each  of  whom  shall  be 
elected  at  large  by  the  qualified  electors  of  the  city,  and  each  shall  have 
charge  of  one  department  as  indicated  by  his  official  title. 

The  terms  of  all  elective  officers  shall  commence  at  10  o'clock  A.  M. 
on  the  first  Tuesday  following  their  election,  and  shall  be  for  four  years 
each,  and  until  10  o'clock  A.  M.  on  the  first  Tuesday  following  the  election 
and  qualification  of  their  successors;  provided,  however,  that  the  offices 
of  the  Commissioners  of  Finance  and  Supplies,  of  Highways,  and  of 
Health  and  Civic  Beauty,  first  elected  under  this  Charter,  shall  be  for  two 
years  only,  so  that  their  successors  shall  be  elected  at  the  general  mu- 
nicipal election  in  1911,  and  every  four  j^ears  thereafter,  and  the.  election 
bf  the  other  two  commissioners  shall  first  be  at  the  general  municipal 
election  in  1909,  and  every  four  years  thereafter. 

The  Commissioners  of  Public  Affairs  and  of  Water  and  Sewers  shall 
each  receive  a  salary  of  One  Hundred  and  Twenty-Five  ($125.00)  Dollars 
per  month,  payable  monthly,  and  each  of  the  other  three  commissioners 
shall  receive  a  salary  of  One  Hundred  ($100.00)  Dollars  per  month,  paya- 
ble monthly;  provided,  however,  that  at  any  general  municipal  election, 
the  question  of  changing  or  fixing  such  salaries  may  be  submitted  to  a 
vote  of  the  qualified  electors  of  the  city. 

36.  Jfo  Further  Compensation. — None  of  any  such  commissioners  shall 
receive  any  further  compensation  for  any  service  he  may  render  the  city 
during  his  term  of  office,  other  than  his  salary  as  commissioner;  and  all 
fees,  salaries,  or  other  moneys  coming  into  his  hands  by  virtue  of  his 
office  shall  be  accounted  for  to  the  city. 

37.  Qnalificatlons. — No  person  shall  be  eligible  to  the  office  of  any 
such  commissioner  unless  he  is  a  qualified  elector. 

38. — Tacancies. — If  a  vacancy  occur  in  the  office  of  any  such  commis- 
sioner, the  council  shall  appoint  an  eligible  person  to  fill  such  vacancy 
until  the  next  general  or  special  municipal  election,  subject  to  the  pro- 
visions of  the  recall,  and  any  such  vacancy  shall  then  be  filled  by  election 
for  the  unexpired  term.  A  vacancy  shall  exist  when  an  elective  officer 
fails  to  qualify  for  ten  days  after  notice  of  his  election,  dies,  resigns,  re- 
moves -from  the  city,  absents  himself  continuously  therefrom  for  three 
months,  is  convicted  of  a  felony,  or  judicially  declared  a  lunatic. 

ARTICLE  V. 

THE  MAYOR. 

39.  Executive  and  President. — The  Mayor  shall  be  the  chief  executive 
officer  of  the  city,  and  president  of  the  council,  and  when  present,  shall 
preside  at  all  meetings. 

13 


40.  Dnties--Authoritj — Powers  — (a)  He  shall  see  that  the  laws  ef 
the  State,  the  provisions  of  this  Charter,  and  the  ordinances  of  the  city 
are  duly  enforced.  He  may  remit  fines,  costs,  forfeitures,  and  penalties, 
imposed  for  the  violation  of  any  ordinance,  but  shall  make  a  report  of 
such  remission  to  the  council  at  the  next  meeting  thereafter  with  his  rea- 
sons therefor.     He  shall  have  power  to  administer  oaths. 

(b)  He  shall  sign  all  contracts,  bonds,  or  other  instruments  requiring 
the  assent  of  the  city,  and  take  care  that  the  same  are  duly  performed. 
All  legal  processes  against  the  city  shall  be  served  against  the  Mayor  or 
Acting  Mayor. 

(c)  He  shall  be  charged  with  the  general  oversight  of  all  depart- 
ments, boards  and  commissions  of  the  city. 

(d)  He  shall  be  ex  officio  a  member  of  each  board,  commission,  or 
body,  created  or  authorized  by  this  Charter,  or  by  any  ordinance  of  the 
city. 

(e)  He  shall  have  the  right  to  vote  on  all  questions  coming  before 
the  council. 

(f)  He  shall  have  such  other  rights  and  powers  as  may  be  provided 
by  ordinance  not  in  conflict  with  this  charter. 

41.  Acting'  Mayor  and  Vice  President. — The  Commissioner  of  Water 
and  Sewers  shall  be  Vice  President  of  the  council,  and  Acting  Mayor  of 
the  city,  and  during  the  absence  or  inability  of  the  Mayor  to  act,  shall 
exercise  all  his  rights  and  powers. 

ARTICLE  VI. 

THE  COUNCIL. 

42.  Legislative  Powers. — The  city  council  shall  consist  of  all  the 
elective  officers  of  the  city,  and  shall,  except  as  otherwise  provided  by 
this  charter  be  vested  with  all  the  legislative  powers  o£  the  city. 

43.  Judge  of  Their  Election. — The  council  shall  be  the  judge  of  the 
election  and  qualification  of  its  own  members,  subject  to  review  by  the 
Courts  in  case  of  contest. 

44.  Rules. — The  council  shall  determine  its  own  rules  of  procedure, 
may  punish  its  members  for  disorderly  conduct,  and  compel  their  at- 
tendance at  the  council  meetings. 

45.  Meetings. — The  council  shall  prescribe  the  time  and  place  of  its 
meetings,  and  the  manner  in  which  special  meetings  thereof  may  be 
called.  The  city  clerk  shall  be  the  clerk  of  the  council,  and  shall,  with 
the  mayor,  sign  and  attest  all  ordinances  and  resolutions.  A  majority  of 
all  the  members  shall  constitute  a  quorum  to  do  business,  but  a  less 
number  may  adjourn.     The  council  shall  sit  with  open  doors  at  all  legis- 

14 


lative  sessions  and  shall  keep  a  journal  of  its  proceedings  which  shall  be 
a  public  record. 

46.  Restrictions  Upon  Members. — Xo  member  of  the  council  shall  be 
elected  or  appointed  to  any  office,  position,  or  employment,  the  compensa- 
tion of  which  was  increased  or  fixed  by  the  council  while  he  was  a  mem- 
ber thereof  until  after  the  expiration  of  one  year  from  the  date  when  he 
ceased  to  be  such  a  member. 

47.  Salaried  Eiiiplojes. — The  city  council  shall  have  the  power  to 
authorize,  by  ordinance,  the  appointment  of  such  salaried  employes  as 
may  be  necessary  to  relieve  any  commissioner  of  any  duties  of  his  de- 
partment which  he  shall  not  have  time  to  perform  or  which  may  conflict 
with  his  other  duties. 

48.  Contractual  Powers. — The  city  council  shall  have  no  power  to 
make  any  contract  of  any  kind  or  nature  whatsoever,  or  to  make  any 
io"co  pf  (^itv  propertv.  the  nneration  of  which  will  extend  beyond  the  time 
of  the  installation  of  the  new  commissioners  elected  at  any  general  mu- 
nicipal election;  nor  shall  it  have  any  power  to  sell,  abandon,  grant,  or 
otherwise  dispose  of  any  title  or  right  of  the  city  to  any  real  estate,  fran- 
chise, right-of-way,  street,  avenue,  alley,  or  other  public  property,  all 
such  powers  being  reserved  to  the  people,  and  to  be  exercised  only  by  the 
qualified  voters  at  a  general  or  special  municipal  election. 

49.  Intoxicating  Liquors.^The  sale,  exposure  for  sale,  barter,  ex- 
change, giving  away,  manufacture  or  storage  of  any  spirituous,  vinous, 
malt,  fermented,  distilled,  alcoholic  or  other  intoxicating  liquors  is  hereby 
inhibited  and  forbidden  within  the  limits  of  the  city  of  Grand  Junction, 
and  within  one  mile  of  the  outer  boundaries  thereof,  and  the  city  council 
shall  have  no  power  to  license  the  manufacture  or  sale  of  any  such  liquors. 
Such  giving  away  and  such  storage  shall  not  apply  to  the  giving  away  or 
storage  of  such  liquors  by  a  person  in  his  private  dwelling,  provided,  such 
dwelling  is  not  a  place  of  public  resort. 

It  shall  be  a  good  defense  in  any  prosecution  under  this  section,  or 
under  any  ordinance  passed  in  pursuance  thereof,  to  show  that  the  sale 
in  question  was  at  retail,  by  a  regularly  licensed  pharmacist,  for  exclu- 
sively known  medicinal  purposes,  and  that  it  was  sold  only  in  good  faith 
upon  written  prescription  issued,  signed,  and  dated  in  good  faith  by  a 
duly  licensed  physician  in  active  practice  in  the  city  of  Grand  Junction, 
and  that  the  prescription  was  used  but  once. 

Each  such  pharmacist  shall  keep,  in  a  conspicuous  place  on  the  coun- 
ter, a  bound  book  for  public  inspection,  containing  a  memorandum  entry 
cf  such  prescription,  with  the  name  of  the  physician  prescribing,  the  name 
of  the  person  prescribed  for,  the  date,  and  the  number  thereof,  which  en- 
try shall  be  made  and  signed  by  said  pharmacist  before  said  prescription 
shall  be  filled. 

15 


The  city  council  shall  pass  ordinances  providing  suitable  penalties  for 
a  violation  of  this  section,  and  to  make  it  effective. 

oO.  Ordinances  and  Resolutions. —  (a)  In  legislative  sessions,  the  coun- 
cil shall  act  by  ordinance,  resolution  or  motion. 

(b)  The  ayes  and  nays  shall  be  taken  upon  the  passage  of  all  ordi- 
nances and  resolutions,  and  entered  upon  the  journal  of  its  proceedings. 
Upon  the  request  of  any  member,  the  ayes  and  nays  shall  be  taken  and 
recorded  upon  any  motion.  Every  member  when  present  must  vote,  and 
every  ordinance  passed  by  the  city  council  shall  require  on  final  passage 
the  affirmative  vote  of  a  majority  of  all  members  of  the  council. 

(c)  Xo  ordinance  shall  be  passed  finally  on  the  date  it  is  introduced, 
except  in  cases  of  special  emergency,  for  the  preservation  of  the  public 
peace,  health  or  safety,  and  then  only  by  unanimous  vote  of  all  members 
of  the  council.  No  ordinance  making  a  grant  of  any  franchise  or  special 
privilege  shall  ever  be  passed  as  an  emergency  measure. 

(d)  The  enacting  clause  of  all  ordinanees  passed  by  the  council  shall 
be  in  these  words:  "BE  IT  ORDAINED  BY  THE  CITY  COUNCIL  OF 
THE  CITY  OF  GRAND  .lUXCTION." 

51.  Publication  of  Ordinances. — Every  proposed  ordinance  shall  be 
published  once  in  full  in  a  daily  newspaper  of  the  city,  at  least  ten  days 
before  its  final  passage.  After  such  final  passage,  it  shall  be  again  pub- 
lished once  in  a  daily  newspaper  as  amended  and  completed,  except  in 
cases  of  an  emergency  ordinance,  which  may  be  passed  as  heretofore 
provided,  and  which  shall  take  eifect  upon  passage,  and  be  so  published 
on  the  following  day. 

52.  Amendment  or  Rejieal. — No  ordinance  or  section  thereof  shall 
be  amended  or  repealed  except  by  an  ordinance  regularly  adopted. 

53.  Ordinances  Granting  Franchises. — No  proposed  ordinance  grant- 
ing any  franchise  shall  be  put  upon  its  final  passage  within  sixty  days 
after  its  introduction,  nor  until  it  has  been  published  not  less  than  once  a 
week  for  six  consecutive  weeks  in  two  daily  newspapers  of  the  city  in 
general  circulation. 

54.  Record  of  Ordinances.— A  true  copy  of  every  ordinance  when 
adopted  shall  be  numbered  and  recorded  in  a  book  marked  "Ordinance 
Record,"  and  a  certificate  of  adoption  and  publication  shall  be  authenti- 
cated by  the  certificate  of  the  publisher  and  by  the  signatures  of  the 
mayor  and  clerk.  The  ordinances  adopted  by  the  vote  of  the  qualified 
electors  of  the  city  shall  be  separately  numbered  and  recorded,  commenc- 
ing with  "People's  Ordinance,  No.  1." 

55.  Proof  of  Charter  and  Ordinances. — This  charter  or  any  ordinance 
may  be  proved  by  a  copy  thereof,  certified  to  by  the  city  clerk  under  seal 
of  the  city;  or  when  printed  in  book  or  pamphlet  form,  and  purporting 
to  be  printed  by  authority  of  the  city,  the  same  shall  be  received  in  evi- 
dence in  all  Courts  without  further  proof. 

16 


ARTICLE  VII. 

EXECUTIVE  AND  ADMINISTRATIVE  DEPARTMENTS. 

56.  Five  Departments. — The  executive  and  administrative  powers, 
authority  and  duties  of  the  city,  not  otherwise  herein  provided  for,  shall 
be  distributed  among  five  departments  as  follows: 

I.  Public  Affairs. 

II.  Finance  and  Supplies. 

III.  Highways. 

IV.  Health  and  Civic  Beauty. 

V.  Water  and  Sewers. 

57.  Public  Affairs. — The  Commissioner  of  Public  Affairs  shall  be  ex 
officio  mayor,  and  the  chief  executive  officer  of  the  city.  He  shall,  unless 
otherwise  provided  by  ordinance,  be  the  judge  of  the  municipal  court  of 
the  city;  he  shall  be  the  head  of  the  police  and  fire  departments,  and  shall 
supervise  all  public  utilities  not  owned  and  managed  directly  by  the  city; 
he  shall  have  charge  of  any  building,  electric  wiring,  lighting  and  heat- 
ing inspection,  and  shall  have  general  supervision  of  all  public  affairs  not 
otherwise  provided  for. 

58.  Finance  and  Supplies. — The  Commissioner  of  Finance  and  Sup- 
plies shall  be  ex  officio  city  treasurer,  and  shall  be  the  purchasing  agent 
of  all  supplies  for  all  departments  of  the  city.  He  shall  also  be  the  city 
collector,  and  as  such,  it  shall  be  his  duty  to  collect  all  water  rents,  li- 
cense fees,  money  of  the  city  in  the  hands  of  the  county  treasurer,  or 
other  moneys  due  the  city. 

59.  Highways. — The  Commissioner  of  Highways  shall  be  the  street 
commissioner,  and  shall  have  supervision  of  all  streets,  alleys,  avenues, 
sidewalks,  ditches  and  the  water  flowing  therethrough,  public  improve- 
ments, street  paving,  sidewalk  construction,  gutters,  curbing,  public  build- 
ings, real  and  personal  property  owned,  leased  by,  or  controlled  by  the 
city,  and  not  in  charge  of  any  other  department. 

60.  Health  and  Civic  Beauty. — The  Commissioner  of  Health  and  Civic 
Beauty  shall  be  ex  officio  city  clerk,  and  as  such,  keep  all  the  records  of 
the  city  council  and  perform  all  other  duties  required  of  such  clerk.  He 
shall  be  ex  officio  city  auditor,  and  shall  audit  all  bills  payable  by  the 
city  prior  to  their  being  allowed  by  the  city  council.  He  shall  be  the 
health  and  sanitary  commissioner,  see  that  all  health  ordinances  are  en- 
forced, and  shall  also  have  punervision  of  the  plumbing  inspection,  and 
the  inspection  of  foods  and  milk  offered  for  sale  in  the  city.  He  shall 
also  be  the  inspector  of  weights  and  measures. 

He  shall  be  the  commissioner  of  Civic  Beauty,  shall  have  general  su- 
pervision of  all  parks,  parking,  and  shade  trees  of  the  city,  and  shall  have 
full  power  to  manage,  improve,  maintain,  and  beautify  the  same;  he  shall 
supervise  the  architectural  beauty  of  the  city  and  make  recommendations 
as  to  the  suitable  color,  style  and  character  of  buildings,  pavings,  side- 

17 


walks,  and  other  improvements  as  to  him  may  seem  advisable,  to  the  end 
of  improving  the  city's  appearance  and  beauty. 

61.  Water  and  Sewers. — The  Commissioner  of  Water  and  Sewers  shall 
be  ex  officio  water  commissioner,  and  shall  take  direct  and  active  charge 
of  the  city's  entire  water  and  sewer  system,  both  within  and  without 
the  city,  supervise  and  keep  the  same  in  good  working  order.  He  shall 
take  charge  of  all  construction  work  for  the  water  system,  shall  be  the 
inspector  of  all  water  pipes,  fixtures,  fountains,  fire  plugs,  connections, 
and  all  other  water  apparatus  through  which  the  city  water  may  flow, 
see  that  the  same  is  kept  in  good  repair,  and  shall  also  have  charge  of  all 
sewers  and  see  that  they  are  kept  in  good  repair  and  properly  flushed. 

62.  Other  Powers  and  Duties. — Said  commissioners  shall  have  such 
other  rights,  powers,  and  duties  as  may  be  provided  by  ordinance,  not  in 
conflict  with  the  provisions  of  this  Charter. 

63.  Office  Hours. — It  shall  be  the  duty  of  each  commissioner  to  main- 
tain regular  office  hours  at  the  city  hall,  and  he  shall  give  his  whole  time 
and  attention  to,  and  engage  in  the  actual  work  of  the  city  affairs  during 
business  hours.  At  all  times  when  not  engaged  in  office  work,  he  shall 
take  the  active  management  and  control  as  foreman  and  director  of  the 
affairs  of  his  department,  and  shall  be  responsible  for  the  full  and  com- 
plete discharge  thereof. 

64.  Hours  and  Wages.— Eight  hours  shall  constitute  a  day's  work  in 
all  city  eriiployment,  and  the  minimum  rate  of  wages  shall  be  two  dollars 
and  fifty  cents  per  day  for  all  day  laborers,  unless  otherwise  determined 
by  the  city  council;  provided,  however,  that  this  section  shall  not  apply 
to  any  work  in  paving  the  streets  of  the  city  or  in  building  an  extension 
of  the  city  waterworks  or  sewer  system. 

65.  Department  Employes. — Each  department  shall  be  entitled  to  such 
salaried  employes  as  may  be  authorized  by  ordinance.  The  head  of  each 
department  shall  nominate  all  such  employes  therein  but  their  appoint- 
ments shall  be  made  by  the  city  council.  Each  commissioner  shall  have 
the  power  of  selecting  and  employing  the  day  laborers  necessary  for  his 
department.  Any  and  all  employes  in  any  department  shall  be  subject 
to  discharge  by  the  commissioner  at  the  head  of  that  department  at  any 
time,  except  as  otherwise  provided  by  this  Charter.  The  city  council  shall 
determine  the  number  of  such  employes  in  any  department  and  shall  also 
have  like  power  of  discharging  them,  or  any  of  them,  or  may  require  any 
employe  in  any  department  to  perform  duties  in  two  or  more  departments, 
or  may  make  such  rules  and  regulations  as  they  shall  deem  necessary  or 
proper  for  the  efficient  and  economical  conduct  of  the  business  of  the 
city.  The  salary  or  wages  of  any  employe  of  the  city  shall  cease  imme- 
diately upon  his  discharge  from  such  emploj^ment. 

66.  PuWlcity  Records  and  Reports. — Each  of  said  commissioners  shall 
keep  a  record  book  in  which  shall  be  recorded  a  brief  but  comprehensive 

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record  of  all  department  affairs  under  his  charge  as  soon  as  performed 
and  shall  quarterly  render  to  the  city  council  a  full  report  of  all  opera- 
tions of  such  department,  and  shall  annually,  and  oftener  if  required  by 
the  city  council,  malve  a  synopsis  thereof  for  publication.  All  such  rec- 
ords shall  be  kept  open  for  public  inspection.  The  council  shall  pro- 
vide for  the  publication  of  such  annual  or  other  reports,  and  of  such 
portion  of  the  quarterly  reports,  as  to  it  may  seem  advisable.  Each  com- 
missionep  shall  also  make  and  keep  a  complete  inventory  and  permanent 
record  of  all  the  personal  property  of  his  department  and  what  disposi- 
tion, if  any,  has  been  made  of  .the  same. 

67.  JVewspaper  and  Publication  Fees.— All  election  notices,  or  list  of 
candidates  for  office,  department  reports,  ordinances,  charters,  or  charter 
amendments,  advertising,  publicity  affairs,  or  other  publications  required 
or  authorized  by  this  Charter,  by  general  law,  or  by  any  ordinance  of  the 
city  to  be  made  in  any  newspaper  and  all  such  publica- 
tions for  which  the  city  of  Grand  Junction  may  be  liable,  shall  be  paid 
for  by  the  city  at  such  rates  as  shall  not,  in  any  event,  exceed  the  ordi- 
nary and  regular  advertising  rates  charged  other  advertisers;  and  all 
printing  of  books,  pamphlets,  bills,  letterheads,  or  other  documents  or 
printed  matter  required  by  the  city  shall  be  paid  for  at  a  price  not  ex- 
ceeding the  usual  business  rates  therefor.  No  bill  shall  be  rendered  to, 
or  paid  by  the  city  for  such  advertising  or  printing  in  excess  of  the  said 
usual  business  rates,  even  though  higher  rates  may  be  fixed  by  general 
law  for  other  cities  of  the  State. 

ARTICLE  VIII. 

DEPARTMENT  OP  PUBLIC  AFFAIRS. 

68.  Police  and  Fire  Departments. — The  council  shall,  by  ordinance, 
provide  for  the  establishment  and  maintenance  of  a  police  department  and 
of  a  fire  department,  consisting  of  such  employes  as  it  may  deem  neces- 
sary. 

69.  romniissfoner  to  Have  Sui>ervision. — The  Commissioner  of  Public 
AiTairs  shall  have  supervision  and  control  of  the  police  and  fire  depart- 
ments except  as  otherwise  provided  in  this  Charter  or  by  ordinance. 

MUNICIPAL   COURT. 

70.  Judge  and  JurisdJctioii — The  Judge  of  the  Municipal  Court  of  the 
city  shall  have  all  the  jurisdiction,  powers,  duties,  and  limitations  of  a 
police  magistrate  as  provided  in  Sections  4931  to  4945,  inclusive,  of  the 
Revised  Statutes  of  Colorado,  1908,  except  as  otherwise  provided  by  this 
Charter.  The  mayor  of  the  city  shall  be  the  judge  of  such  Municipal 
Court  unless  otherwise  provided  by  ordinance,  and  shall  have  exclusive 
original  jurisdiction  to  hear,  try,  and  determine  all  charges  of  misde- 
meanor as  declared  by  this  charter,  and  all  causes  arising  under  this 
charter  or  any  of  the  ordinances  of  the  city  for  a  violation  thereof.    There 

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shall   be  uo  trial   by    jury,  aad  there   shall   be  no  change  of   venue   from 
said  Court. 

ARTICLE  IX. 

DEPARTMENT   OF  FINANCE  AND   SUPPLIES. 

71.  Fiscal  Year  Same  as  Calendar  Year. —The  fiscal  year  of  the  city 
shall  commence  on  the  first  day  of  January  and  end  on  the  last  day  of 
December  of  each  year. 

72.  Public  Moneys. — The  Commissioner  of  Finance  and  Supplies  shall, 
under  the  power  and  control  of  the  city  council,  have  the  direct  manage- 
ment of  the  revenues  of  the  city  except  as  otherwise  provided  by  this 
charter,  or  by  ordinance.  He  shall  be  ex  officio  city  treasurer,  with  the 
usual  duties  and  powers  of  that  office. 

The  cash  balances  of  the  city  in  the  hands  of  the  city  treasurer  for 
deposit  in  the  banks,  shall  be  kept  on  deposit  in  each  of  the  banks  of  the 
city  without  discrimination,  in  proportion  to  their  capital  stock  as  far  as 
possible.  Nothing  herein  shall  prevent  said  treasurer  from  temporarily 
having  such  funds  otherwise  deposited,  provided,  that  as  soon  as  practi- 
cable, he  shall  re-deposit  such  deposits.  Before  making  such  deposits, 
however,  said  treasurer  shall  require  a  good  and  sufficient  surety  bond 
from  each  bank  to  receive  such  deposit. 

No  demand  for  money  against  the  city  shall  be  approved,  allowed, 
audited  or  paid  unless  it  shall  be  in  writing,  dated,  and  sufficiently  item- 
ized to  identify  the  expenditure  and  shall  first  be  audited  by  the  Com- 
missioner at  the  head  of  the  department  creating  the  same. 

The  council  shall,  by  ordinance,  provide  a  system  for  the  collection, 
custody,  and  disbursement  of  all  public  moneys,  and  a  system  of  account- 
ing for  the  city,  establishing  as  nearly  as  may  be,  a  uniform  system  of 
municipal  accounting,  such  system  to  be  in  accord  with  the  provisions 
of  this  charter. 

73.  Duties  of  Purchasing  Agent. — The  Commissioner  of  Finance  and 
Supplies  shall  procure  all  supplies  ordered  by  the  city  council  in  such 
manner  as  it  may  direct.  He  shall  also  procure  supplies  for  any  commis- 
sioner upon  requisition  therefor.  Such  requisition  shall  be  in  writing, 
shall  state  the  quality,  quantity,  and  kind  of  material  required,  whether 
urgency  demands  that  the  order  be  made  by  wire,  whether  the  supplies 
should  come  by  express  or  otherwise,  and  the  probable  cost  thereof,  in 
detail,  if  known.  In  case  of  emergency,  where  the  estimated  cost  exceeds 
Two  Hundred  ($200)  Dollars,  such  requisition  shall  have  the  indorsement 
of  one  other  commissioner.  If  no  emergency  exists,  a  requisition  for  sup- 
plies, the  estimated  cost  of  which  is  above  One  Hundred  ($100.00)  Dollars, 
shall  first  be  approved  by  the  council.  Whenever  he  considers  it  prac- 
tical and  advantageous,  the  purchasing  agent  shall  advertise  for  competi- 
tive proposals  for  any  supplies  in  a  public  newspaper,  or,  by  circular  let- 
ters,  or   other   means,    sent   to    several    competitive    dealers.     All    such 

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retjaisitions,  correspondence,  and  competitive  bids  received  shall  be  kept 
on  file  in  the  office  of  the  Commissioner  of  Supplies. 

74.  Special  Keveiiues  Limited. — No  occupation  or  license  tax  shall 
be  assessed,  levied,  or  collected  against  any  merchant  or  manufacturer 
for  the  sale  or  manufacture  of  goods,  wares  or  merchandise,  who  pays 
an  annual  tax  thereon  under  the  revenue  laws  of  the  State;  nor  against 
persons  who  sell  commodities  manufactured  or  raised  by  themselves  in 
this  State;  nor  against  any  person  selling  fruits  and  vegetables.  No  poll 
tax  shall  ever  be  levied  or  collected  by  the  city  for  any  purpose  what- 
soever. 

75.  Adoption  of  Existing  Law. — Until  the  council  shall  otherwise  by 
ordinance  provide,  the  statutes  of  the  State  of  Colorado  now  or  hereafter 
In  force,  shall  govern  the  making  of  assessments  by  the  Assessor  of  the 
County  in  which  the  city  is  situated,  the  making  of  equalization  by  the 
Board  of  County  Commissioners  of  said  County,  and  the  collection  of  taxes 
by  the  Treasurer  of  said  County  for  and  on  behalf  of  the  city,  and  also  the 
certification  and  collection  of  all  delinquent  charges,  assessments  or  taxes. 

76.  Certificate  of  Assessment. — It  shall  be  the  duty  of  the  Commis- 
sioner of  Finance  and  Supplies  to  procure,  as  soon  as  available  each  year, 
a  certificate  from  the  County  Assessor  of  the  total  amount  of  property  as- 
sessed for  taxation  within  the  limits  of  the  city,  as  shown  by  the  assess- 
ment roll  in  the  Assessor's  office. 

77.  Department  Estimates  of  Annual  Kequirenieiits.— On  or  before  the 

first  Monday  in  October  each  year,  or  on  such  date  as  shall  be  fixed  by 
the  council,  the  heads  of  the  departments,  offices,  boards,  and  commis- 
sions, shall  send  to  the  Commissioner  of  Finance  and  Supplies,  a  careful 
estimate  in  writing  of  the  amounts,  specifying  in  detail  the  objects  thereof, 
required  for  the  business  and  proper  conduct  of  their  respective  depart- 
ments, offices,  boards  and  commissions  during  the  next  ensuing  fiscal 
year. 

78.  Annual  General  City  Estimate. — On  or  before  the  ttfird  Monday 
in  October  each  year,  or  on  such  date  as  shall  be  fixed  by  the  council,  the 
Commissioner  of  Finance  and  Supplies  shall  submit  to  the  council  an 
estimate  of  the  probable  expenditure  of  the  city  government  for  the  next 
ensuing  fiscal  year,  stating  the  amount  required  to  meet  the  interest  and 
maturing  bonds  of  the  outstanding  indebtedness  of  the  city,  and  the  wa^r- 
rants  of  all  the  departments  of  the  municipal  government  in  detail,  and 
showing  specifically  the  amount  necessary  to  be  provided  for  each  fund 
and  department;  also  an  estimate  of  the  amount  of  income  from  fines, 
licenses,  water  rents,  and  all  other  sources  of  revenue,  exclusive  of  taxes 
upon  property,  and  the  probable  amount  required  to  be  levied  and  raised 
by  taxation  to  defray  all  expenses  and  liabilities  of  the  city. 

79.  Annual  Budget. — The  council  shall  meet  annually,  prior  to  fixing 
the  tax  levy,  and  make  a  budget  of  the  estimated  amounts  required  to  pay 
the  expenses  of  conducting  the  business  of  the  city  government  for  the 

21 


next  ensuing  fiscal  year.  The  budget  shall  be  prepared  in  such  detail 
as  to  the  aggregate  sum  and  the  items  thereof  allowed  to  each  depart- 
ment, office,  board  or  commission  as  the  council  may  deem  advisable. 

80.  Aiiunal  Appropriation. — Upon  said  budget  as  adopted  and  filed,  the 
council  shall  pass  an  ordinance,  not  later  than  the  thirty-first  day  of  De- 
cember, in  each  year,  which  shall  be  entitle'd  "The  Annual  Appropriation 
Ordinance",  in  which  it  shall  appropriate  such  sums  of  money  as  it  may 
deem  necessary  to  defray  all  expenses  and  liabilities  of  the  city,  and  in 
such  ordinance  shall  specify  the  objects  and  purposes  for  which  such 
appropriations  are  made,  and  the  amount  appropriated  for  each  object 
and  purpose  therein  named  for  the  ensuing  fiscal  year. 

81.  Lery.^ — Such  ordinance  shall  include  the  proper  levy  in  mills  upon 
each  dollar  of  the  assessed  valuation  of  all  taxable  property  within  the 
city,  such  levy  representing  the  amount  of  taxes  for  city  purposes  neces- 
sary to  provide  for  payment  during  the  ensuing  fiscal  year  of  all  properly 
authorized  demands  upon  the  treasurer,  and  the  council  shall  thereupon 
cause  the  total  levy  to  be  certified  by  the  city  clerk  to  the  County  Assessor, 
who  shall  extend  the  same  upon  the  tax  list  of  the  current  year  in  a 
separate  column  entitled:  "THE  CITY  OF  GRAND  JUNCTION  TAXES", 
and  shall  include  said  city  taxes  in  his  general  warrant  to  the  County 
vided,  then  the  rate  last  fixed  shall  be  the  rate  fixed  for  the  ensuing  fis- 
cal year. 

The  amount  required  to  make  payment  of  any  interest,  or  principal  of 
bonded  indebtedness,  shall  always  be  included  in  and  met  by  tax  levy  ex- 
cept as  otherwise  provided  in  this  charter. 

Treasurer  for  collection,  as  provided  by  law. 

If  the  council  fails  in  any  year  to  make  said  tax  levy  as  above  pro- 

82.  No  Liahility  Without  Appropriation. — Except  as  herein  otherwise 
specially  provided,  the  city  expenditures  in  any  one  year  shall  not  be 
increased  over  and  above  the  amount  provided  in  the  annual  appropria- 
tion ordinance  for  that  year,  and  no  contract  involving  the  expenditure, 
and  no  expenditure  for  any  improvement  to  be  paid  out  of  the  general  or 
special  funds  of  the  city  or  for  defraying  the  expenses  and  liabilities  of 
•  he  city  shall  exceed,  in  any  one  year,  the  amount  provided  in  the  annual 
appropriation  ordinance  to  be  paid  out  of  the  said  general  and  special 
funds  so  appropriated  and  set  apart,  but  the  said  several  funds  shall  be 
maintained  for,  used  and  devoted  to  the  particular  purposes  specified  in 
the  annual  appropriation  ordinance. 

It  shall  not  be  lawful  for  any  department  or  officer  of  the  city  to  incur 
or  contract  any  expense  or  liability  for  or  on  behalf  of  the  city  unless 
such  an  appropriation  shall  have  been  made  concerning  such  expense. 
Such  contract  shall  be  ab  initio  null  and  void  as  to  the  city  for  any  other 
or  further  liability;  provided,  first,  that  nothing  herein  contained  shall 
prevent  the  council  from  providing  by  ordinance  for  payment  of  any  ex- 
pense, the  necessity  of  which  is  caused  by  any  casualty,  accident  or  un- 
foreseen contingency  arising  after  the  passage  of  the  annual  appropria- 

22 


tlcn  ordinance;  and,  second,  that  the  provisions  of  this  section  shall  not 
apply  to  or  limit  the  authority  conferred  in  relation  to  bonded  indebted- 
ness, nor  for  moneys  to  be  collected  by  special  assessments  for  local 
improvements. 

S3.  Special  Appropriations  for  1909  and  1910. — The  council  shall  dur- 
ing the  year  1909,  pass  such  special  appropriation  ordinances  as  may  be 
necessary  to  pay  the  salaries  and  defray  the  expenses  of  any  and  all  de- 
partments, officers  and  employes  of  the  city  for  the  years  1909  and  1910, 
but  not  thereafter;  and  the  warrants  for  the  payment  of  such  salaries  and 
expenses  after  being  duly  allowed  and  audited,  may  be  drawn  against  such 
appropriation,  and  the  amount  so  required  for  the  payment  of  such  war- 
rants, or  so  much  thereof  as  may  be  necessary,  shall  be  payable  out  of 
any  available  moneys  not  otherwise  appropriated,  or  failing  such  moneys, 
the  warrants  shall  be  registered  and  payable  out  of  the  revenue  for  the 
next  ensuing  fiscal  year,  which  shall  be  sufficient  to  pay  the  same. 

81.  Collection  of  Taxes. — Until  the  council  shall  otherwise  by  ordi- 
nance provide,  the  county  treasurer  shall  collect  city  taxes  in  the  same 
fiianner  and  at  the  same  time  as  State  taxes  are  collected,  and  all  laws  of 
this  State  for  the  assessment  of  property  and  the  levy  and  collection  of 
general  taxes,  including  laws  for  the  sale  of  property  for  taxes,  and  the 
redemption  of  the  same,  shall  apply  and  have  as  full  effect  in  respect 
of  taxes  for  the  city  as  of  such  general  taxes,  except  as  modified  by  this 
charter. 

On  or  before  the  fifth  day  of  every  month,  the  county  treasurer  shall 
report  and  pay  to  the  city  treasurer  the  amount  of  tax  collections  of  the 
city  for  the  preceding  month. 

85.  City  Indebtedness. — The  indebtedness  of  the  city  shall  be  incurred 
and  limited  as  provided  in  Article  XI  of  the  constitution  of  the  State  of 
Colorado. 

86.  Special  Statutes  Continued  in  Force. — The  provisions  of  Sections 
6657  and  6658  of  the  Revised  Statutes  of  Colorado,  1908,  relating  to  side- 
walks, and  of  Sections  6687  to  6694  thereof  inclusive,  relating  to  refund- 
ing bonds,  are  hereby  made  and  declared  to  be  in  full  force  and  effect  in 
the  city  until  otherwise  provided  by  ordinance. 

ARTICLE  X. 

DEPAIiTMENT  OF  HIGHWAYS. 

87.  Xo  FaAins:  Contracts. — Whenever  any  streets,  avenues,  or  alleys 
are  to  be  paved  by  the  city,  such  work  shall  be  done  by  the  Commissioner 
of  Highways,  who  shall  procure  the  material  though  the  Commissioner  of 
Supplies,  and  shall  employ  the  necessary  labor.  In  no  event  shall  such 
work  be  let  out  on  contract. 

AKTirLE  XL 

DEPARTMEXT  OF  HEALTH  AND  CIVIC  BEAUTY. 

88.  Assistants  and  Employes.     The  city  council  shall  appoint  a  health 

23 


officer,  and  may  appoint  a  plumbing  inspector,  and  all  such  assistants  and 
employes  as  are  necessary  to  the  efficient  administration  of  this  depart- 
ment. 

89.  Qualifications  of  Health  Officer. — The  health  officer  shall  be  a 
graduate  of  a  reputable  medical  college,  and  shall  have  practiced  medicine 
and  been  a  resident  of  this  city  for  at  least  two  years  next  preceding 
his  appointment.  He  shall  be  licensed  to  practice  medicine  in  this  State; 
and  shall  have  his  license  recorded  with  the  County  Clerk  and  Recorder 
of  Mesa  County  in  accordance  with  the  laws  of  the  State  regulating  the 
practice  of  medicine.  Such  health  officer  shall  devote  such  time  as  is 
necessary  to  the  duties  of  his  office. 

90.  Power  of  Arrest. — The  Commissioner  of  Health  and  Civic  Beauty, 
and  all  salaried  employes  of  the  department  of  health,  shall  have  the 
right  and  power  to  arrest  any  person  or  persons  who  may  violate  any  of 
the  rules  or  regulations  of  the  department. 

91.  Qualification  of  Employes. — The  plumbing  inspector  and  other 
employes  shall  be  persons  properly  skilled  and  qualified  for  the  efficient 
and  capable  performance  of  their  respective  duties. 

92.  Reflations. — The  council  shall  make  all  ordinances  and  regula- 
tions which  may  be  necessary  or  expedient  for  the  preservation  of  the 
]iublic  health  and  the  suppression  of  disease. 

ARTICLE  XII. 

DEPARTMENT   OF   WATER   AND    SEWERS. 

93.  Department  an  Entity. — The  Department  of  Water  and  Sewers 
shall  embrace  all  property  rights  and  obligations  of  the  city  in  respect  to 
water,  water  works,  and  sewers,  and  shall,  as  far  as  practicable,  be  ad- 
ministered as  an  entity.  All  contracts,  records,  and  muniments  of  title 
pertaining  thereto  shall  be  assembled  and  carefully  preserved,  and  ac- 
counts shall  be  kept  of  its  assets,  liabilities,  receipts,  and  disbursements, 
separate  and  distinct  from  the  accounts  of  any  other  department. 

94.  Commissioner  Administer  Department. — The  Commissioner  of  Wa- 
ter and  Sewers  is  charged  with  the  administration  of  said  department, 
and  with  the  supply  of  water  to  consumers.  He  shall  appoint  all  such 
officers,  assistants,  and  skilled  employes  as  may  be  necessary,  and  may 
secure  the  services  or  advice  of  hydraulic  engineers,  special  counsel,  and 
other  experts  for  such  compensation  as  may  be  approved  by  the  council. 
He  shall  preserve  the  water  supply  of  the  city  from  impairment  and  pol- 
lution, and  secure  at  all  times  a  supply  of  potable  water  adequate  for  the 
growing  needs  of  the  city.  He  shall  cause  comparative  investigation  to 
be  made  of  all  available  reservoir  sites,  springs,  and  sources  of  such  water 
supply,  and  report  thereon  to  the  council  with  his  recommendations.  He 
shall   prepare  and   submit  to  the  council  measures  for  the   storage   and 

2  1 


augmenting   of  the   water   supply,   and   cause   adequate   water   measure- 
ments and  tests  to  be  made  and  the  record  thereof  preserved. 

95.  Duties  of  Commissioner. — He  shall  keep  such  books  of  account  as 
are  required  by  Article  XIV  of  this  charter,  make  an  annual  full  detailed 
report  of  all  the  assets  and  liabilities,  receipts  and  expenditures  of  his 
department,  including  cost  of  maintenance,  extension,  and  improvements; 
and  he  shall  annually  estimate  the  difference  in  cost  between  municipal 
and  private  ownership  of  city  water  works.  He  shall  take  charge  of  all 
construction  work  of  the  water  and  sewer  systems,  and  keep  the  said 
systems  in  good  repair  and  working  order  at  all  times.  He  shall  not  let 
the  work  for  any  extension  or  new  construction  on  contract,  but  the  same 
shall  be  done  directly  by  the  city,  procuring  the  necessary  labor  and 
material.  The  character  of  any  extensions  to  be  undertaken  and  the  ex- 
tent thereof  shall  be  determined  by  the  city  council. 

96.  Rates — Regulations — Fines. — The  city  council  shall  by  ordinance 
fix  rates,  establish  regulations  for  the  use  of  water  by  consumers,  provide 
for  the  orderly  administration  of  the  department,  and  impose  fines  and 
penalties  for  the  violation  thereof.  Such  ordinance  shall  establish  a  uni- 
form system  of  rates  for  the  use  of  water  by  consumers,  from  which 
rates  there  shall  be  no  rebates  or  reductions,  it  being  the  intent  hereof  to 
prevent  any  consumers  of  water  from  having  any  advantage  or  favor  over 
other  consumers,  by  contract  or  otherwise,  except  as  herein  provided. 

Whenever  the  revenue  from  the  water  works  system  shall  produce  a 
surplus  over  and  above  the  cost  of  maintenance,  and  interest  on  the  cost 
of  construction,  it  shall  be  the  duty  of  the  city  council  to  reduce  the  rates 
to  consumers  so  that,  as  far  as  practicable,  the  people  may  receive  the 
benefits  of  this  department  at  not  more  than  actual  cost. 

All  consumers  of  water  living  outside  of  the  city  limits  shall  pay  not 
less  than  double  the  rates  so  established  and  fixed  for  users  within  the 
city  limits. 

ARTICLE  XIII. 

OFFICERS   AND    EMPLOYES. 

97.  Officers — Employes. — The  elective  officers  shall  be  the  only  officers 
of  the  city.  All  other  persons  in  the  service  of  the  city,  or  any  commis- 
sion, or  board  thereof,  are  hereby  declared  to  be  employes,  and  subject  to 
removal  by  the  council  at  any  time,  at  its  pleasure,  and  without  cause 
except  as  otherwise  provided  by  this  charter.  The  powers,  duties,  and 
compensation  of  all  salaried  employes  shall  be  fixed  by  ordinance. 

98.  City  Attorney. — The  city  attorney  shall  be  appointed  by  the  coun- 
cil, and  shall  be  the  legal  adviser  of  the  mayor,  council,  commissioners, 
and  departments,  and  shall  conduct  all  cases  in  court  wherein  the  city 
shall  be  a  party,  plaintiff  or  defendant,  or  a  party  in  interest;  and  shall 
perform  such  other  duties  as  are  required  by  ordinance. 

99.  Oath  of  Office. — Every  officer  or  salaried  employe  shall,  before  he 
enters  upon  the  duties  of  his  office,  take,  subscribe,  and  file  with  the  clerk 

2.5 


an  oath  or  affirmation  to  support  the  constitution  of  the  United  States,  the 
constitution  of  the  State  of  Colorado,  and  the  charter  and  ordinances  of 
the  city  of  Grand  Junction,  and  faithfully  to  perform  the  duties  of  the 
position  upon  which  he  is  about  to  enter. 

100.  Bonds. -Any  officer  or  employe  required  to  give  bond,  shall  not 
be  qualified  for  his  office  or  employment  until  such  bond  has  been  duly 
approved,  by  the  council,  and  filed  with  the  clerk  who  shall  have  custody 
thereof. 

101.  No  Extra  Compensation. — No  officer  or  employe  shall  solicit  or 
receive  any  pay,  commission,  money,  or  thing  of  value,  or  derive  any  benefit, 
profit  or  advantage,  directly  or  indirectly,  from  or  by  reason  of  any  deal- 
ings with,  or  service  for  the  city,  by  himself  or  by  others,  or  from  or  by 
reason  of  any  improvements,  alterations,  or  repairs  required  by  authority 
of  the  city  except  his  lawful  compensation  or  salary  as  such  officer  or 
employe.  No  officer  or  salaried  employe  of  the  city  shall,  except  as  other- 
wise provided  by  this  charter,  accept,  directly  or  indirectly,  from  any  rail- 
road, telegraph,  or  telephone  company,  or  from  any  owner  of  any  public 
utility  franchise  in  the  city,  any  pass,  frank,  free  ticket,  free  service  or 
-other  service  upon  terms  more  favorable  than  those  granted  to  the  public 
generally.    Any  violation  of  this  section  shall  be  a  misdemeanor. 

102.  Opiuious  IVot  Afieot  Appointments.— No  appointment  to  any  posi- 
tion under  the  city  government  shall  be  made  or  withheld  by  reason  of 
any  religious  or  political  opinions,  or  affiliations,  or  political  service;  and 
no  appointment  or  election  to,  or  removal  from,  any  office  or  employment, 
and  no  transfer,  promotion,  reduction,  reward  or  punishment  shall  be  in 
any  manner  affected  or  made  by  reason  of  such  opinions,  affiliations,  or 
service. 

103.  Official  Books  and  Documents. —  (a)  All  books,  records,  and  pa- 
pers of  each  office,  department,  board  or  commissioner,  are  city  property 
and  must  be  kept  as  such  by  the  proper  official  or  employe  during  his  con- 
tinuance in  offi.ce,  and  delivered  to  his  successor,  who  shall  give  duplicate 
receipts  therefor,  one  of  which  shall  be  filed  with  the  city  clerk.  The 
failure  to  so  deliver  such  books,  records,  and  papers,  shall  be  a  misde- 
meanor. 

(b)  Certified  copies  or  extracts  from  the  books,  records,  and  files 
shall  be  given  by  the  officer,  board,  commission  or  employe  having  the 
same  in  custody  to  any  person  demanding  the  same,  and  paying  for  such 
copy,  or  extract;  but  the  records  of  the  police  department  shall  not  be 
subject  to  inspection  or  copy  without  the  permission  of  the  mayor. 

(c)  All  equipment,  collections,  models,  materials,  construction  tools 
and  implements,  which  are  collected,  maintained,  used,  or  kept  by  the 
city,  or  by  any  department,  board  or  commission,  shall  be  city  property, 
and  be  turned  over  by  the  custodian  thereof  to  his  successor,  or  duly  ac- 
counted for. 

104.  Payment  of  Debts. — Failure  of  any  employe  to  promptly  pay  any 
legal  indebtedness  contracted  by  him  while  in  the  service  of  the  city  shall 
be  ground  for  his  removal  from  such  employment. 

26 


ARTICLE  XIV. 

FRANCHISES    AND    PUBLIC    UTILITIES. 

105.  Franchise  Granted  Upon  Vote. — No  franchise  relating  to  any 
street,  alley,  or  public  place  of  the  said  city  shall  be  granted  except  upon 
the  vote  of  the  qualified  taxpaying  electors,  and  the  question  of  its  being 
granted  shall  be  submitted  to  such  vote  upon  deposit  with  the  treasurer 
of  the  expense  (to  be  determined  by  said  treasurer)  of  such  submission 
by  the  applicant  for  said  franchise,  and  no  such  franchise  shall  be  granted 
unless  a  majority  of  such  electors  voting  thereon  vote  in  favor  thereof. 

106.  Contracts  for  Service. — All  contracts  for  service  between  the  city 
and  the  owner  or  manager  of  any  such  franchise,  shall  be  made  by  ordi- 
nance, the  terms  of  which  shall  be  agreed  to  in  writing  by  said  owner  ©r 
manager  prior  to  the  passage  of  such  ordinance.  No  contract  for  service 
shall  be  made  by  the  city  for  a  longer  period  than  two  years  unless  such 
contract  be  submitted  to  a  vote  of  the  qualified  electors  of  the  city,  and 
approved  by  a  majority  of  those  voting  on  said  question. 

107.  Franchise  Specify  Streets. — All  franchises  or  privileges  hereafter 
granted  for  laying  tracks  or  pipes,  or  supplying  heat,  light,  or  power,  shall 
plainly  specify  on  what  particular  streets,  alleys,  avenues,  or  other  pub- 
lic property,  the  same  shall  apply;  and  any  other  franchise  shall  state 
the  bounds  of  the  district  or  districts  in  which  it  shall  be  exercised;  and 
no  franchise  or  privilege  shall  hereafter  be  granted  by  the  city  in  general 
terms  or  to  apply  to  the  city  generally. 

108.  Power  to  Regulate  Rates  and  Fares. — All  power  to  regulate  the 
rates,  fares,  rentals  and  charges  for  service  by  public  utility  corporations 
is  hereby  reserved  to  the  people  to  be  exercised  by  them  by  ordinance  of 
the  council,  or  in  the  manner  herein  provided  for  initiating  or  referring, 
an  ordinance.  Any  right  of  regulation  shall  further  include  the  right  to 
require  uniform,  convenient,  and  adequate  service  to  the  public  and  rea- 
sonable extensions  of  such  service  and  of  such  public  utility  works.  The 
granting  of  a  franchise  shall  not  be  deemed  to  confer  any  right  to  include, 
in  the  charge  for  service  any  return  upon  the  value  of  the  franchise  or 
grant  itself. 

109.  Ordinance  in  Plain  Terms. — No  franchise,  right,  privilege,  or  li- 
cense shall  be  considered  as  granted  by  any  ordinance  except  when 
granted  therein  in  plain  and  unambiguous  terms,  and  any  and  every  am- 
biguity therein  shall  be  construed  in  favor  of  the  city  and  against  the- 
claimant  under  said  ordinance. 

110.  Issuance  of  Stock. — Every  ordinance  granting  any  franchise  shall 
prohibit  the  issuing  of  any  stock  on  account  thereof  by  any  corporation 
holding  or  doing  business  thereunder. 

111.  License  Tax.--The  city  shall  have  the  right  to  license  or  tax 
street  cars,  telephones,  gas   meters,   electric  meters,   water  metetB,  or 

27 


any  other  similar  device  for  measuring  service;  also  telephone,  telegraph, 
electric  light,  and  power  poles,  subways  and  wires.  The  said  license  or 
tax  shall  be  exclusive  of  and  in  addition  to  all  other  lawful  taxes  upon 
the  property  of  the  holder  thereof. 

112.  Special  Privileges  ou  Street  Railroad.— The  grant  of  every  fran- 
chise for  a  street,  suburban,  or  interurban  railroad  shall  provide  that  all 
United  States  mail  carriers  and  all  policemen  and  firemen  of  the  city  in 
uniform,  and  all  elective  officers,  shall  at  all  times,  while  in  the  actual 
discharge  of  their  duties,  be  allowed  to  ride  on  the  cars  of  such  railroad 
within  the  boundaries  of  the  city  without  paying  therefor,  and  with  all 
the  rights  of  other  passengers. 

113.  Railroad  Elevate  or  Lower  Tracks. — The  council  shall,  by  ordi- 
nance, require  under  proper  penalties,  any  railroad  company,  whether 
steam  or  electric,  to  elevate  or  lower  any  of  its  tracks  running  over, 
along,  or  across  any  of  the  streets  or  alleys  of  the  city,  whenever  in  the 
opiuion  of  the  council  the  public  safety  or  convenience  requires. 

114.  Street  Sprinkling:,  Cleaning  and  Paving-. — Every  grant  of  any 
franchise  or  privilege  in,  over,  under  or  along  any  of  the  streets,  high- 
ways or  public  places  in  the  city  for  railway  purposes,  shkll  be  subject 
to  the  conditions  that  the  person,  firm  or  corporation  exercising  or  en- 
joying the  same  shill,  unless  otherwise  provided  by  ordinance,  sprinkle, 
clean,  keep  in  repair,  and  pave  and  repave  so  much  of  said  street,  high- 
way or  other  public  piace  as  may  be  occupied  by  said  railway  as  lies  be- 
tween the  rails  of  each  railway  track,  and  between  the  lines  of  double 
track,  and  for  a  space  of  tcvo  feet  outside  of  said  track. 

115.  Franchise  Provide  toi  Safct.v,  Etc. — The  grant  of  every  franchise 
or  privilege  shall  be  subject  to  the  right  of  the  city,  whether  in  terms  re- 
served or  not.  to  make  any  regulations  for  the  safety,  welfare,  and  ac- 
commodation of  the  public,  including  among  other  things,  the  right  to 
require  proper  and  adequate  extensions  of  the  service  of  such  grant,  the 
right  to  require  any  or  all  wires,  cables,  conduits,  and  other  like  appli- 
ances, to  be  placed  under  ground,  and  the  right  to  protect  the  public  from 
danger  or  inconvenience  in  the  operation  of  any  work  or  business  author- 
ized by  the  grant  of  the  franchise. 

116.  Oversight  of  Water  Reserved  to  City. — Every  franchise,  right  or 
privilege  which  has  been,  or  which  may  hereafter  be  granted,  conveying 
any  right,  permission  or  privilege  to  the  use  of  the  water  belonging  to 
the  city,  or  to  its  water  system,  shall  always  be  subject  to  the  most  com- 
prehensive oversight,  management,  and  control  in  every  particular  by  the 
city;  and  such  control  is  retained  by  the  city  in  order  that  nothing  shall 
ever  be  done  by  any  grantee  or  assignee  of  any  such  franchise,  right  or 
privilege  which  shall  in  any  way  interfere  with  the  successful  operation 
of  the  water  works  of  the  city,  or  which  shall  divert,  impair,  or  render  the 
same  inadequate  for  the  complete  performance  of  the  trust  for  the  people 
under  which  such  water  works  are  held  by  the  city,  or  which  shall  tend 
so  to  do. 

28 


117.    No  Exclusive  Franchise — Eenewaf. — No  exclusive  franchise  shall 

ever  be  granted,  and  no  franchise  shall  be  renewed  before  one  year  prior 
to  its  expiration. 

11^.  No  Fraiiciiiso  Lea>«ed  Except, — No  franchise  granted  by  the  city 
shall  ever  be  leased,  assigned,  or  otherwise  alienated  without  the  express 
consent  of  the  city,  and  no  dealing  with  the  lessee  or  assignee  on  tha  part 
of  the  city  to  require  the  performance  of  any  act  or  payment  of  any  com- 
pensation by  the  lessee  or  p^ssignee,  shall  be  deemed  to  operate  as  such 
consent.  Any  assignment  or  sale  of  such  franchise  to  any  foreign  corpora- 
tion, shall  operate  as  a  forfeiture  to  the  city  of  such  franchise. 

119.  Ameudineut,  Renewal,  Exteusion  or  Enlargement  of  Franchise. — 

No  amendment,  renew. J,  extension,  or  enlargement  of  any  franchise,  or 
grant  of  rights  or  powers  previously  or  heretofore  granted  to  any  corpora- 
tion, person,  or  association  of  persons,  shall  be  made  except  in  the  man- 
ner and  subject  to  all  the  conditions  provided  in  this  article  for  the  mak- 
ing of  original  grants  and  franchises.  The  city  shall  require  as  a  condi- 
tion of  any  amendment,  alteration,  or  enlargement  of  a  franchise  or  grant, 
unless  otherwise  expressly  determined  by  a  majority  vote  of  the  qualified 
electors  of  the  city,  that  the  person,  association,  or  corporation  owning 
the  original  franchise  or  grant,  shall,  as  a  prior  condition  to,  and  in  con- 
sideration for  such  amendment,  alteration,  or  enlargement,  covenant  and 
agree,  as  a  part  thereof,  that  such  original  franchise  shall  be  brought 
within  all  the  conditions  provided  in  this  article  for  the  exercise  and  en- 
joyment of  franchises  hereafter  granted,  including  the  right  of  the  city 
to  purchase  the  plant  and  physical  property,  whether  within  or  without 
the  city  limits,  or  both,  at  a  fair  valuation,  which  valuation  shall  not  in- 
clude any  franchise  value,  or  any  earning  power  of  such  property. 

120.  Provision  for  Common  Use  of  Tracks,  Poles,  Etc. — The  city  may, 
by  ordinance,  require  any  person  or  corporation  holding  a  franchise  from 
the  city  for  any  public  utility,  to  allow  the  use  of  any  of  its  poles,  tracks, 
wires,  conduits,  or  electric  current  by  any  other  person  or  corporation  to 
which  the  city  shall  grant  a  franchise,  upon  the  payment  of  a  reasonable 
rental  therefor;  and  any  franchise  or  right  which  may  hereafter  be 
granted  to  any  person  or  corporation  to  operate  a  street  railway,  or  other 
public  service,  within  the  city  or  its  suburbs,  shall  be  subject  to  the  con- 
dition that  the  city  shall  have  the  right  to  grant  to  any  other  person  or 
corporation  desiring  to  build  or  operate  a  street  railway,  interurban  rail- 
way, or  other  public  service,  within  or  into  the  city,  the  right  to  operate 
its  cars  over  the  tracks  of  said  street  railway,  or  to  utilize  its  poles,  wires, 
conduits,  or  electric  current,  in  so  far  as  may  be  necessary  to  enter  the 
city  and  to  reach  any  section  thereof;  provided,  that  the  person  or  cor- 
poration desiring  to  operate  its  cars  over  the  lines  of  said  street  railway, 
or  to  use  such  other  public  service,  shall  first  agree  in  writing  with  the 
owner  thereof  to  pay  it  a  reasonable  compensation  for  such  operation  or 
use.  And  if  the  person  or  corporation  desiring  to  use  the  same  cannot 
agree  with  said  owner  as  to  said  compensation,  within  sixty  days  from 

29 


offering  in  writing  so  to  do,  and  as  to  terms  and  conditions  for  such  use, 
then  the  council  shall,  by  resolution,  after  a  fair  hearing  to  the  parties 
concerned,  fix  the  terms  and  conditions  of  such  use  and  compensation  to 
be  paid  therefor,  which  award  of  the  council  when  so  made,  shall  be  final 
and  binding  on  the  parties  concerned. 

121.  City    Maintain    (lieneial    Snpervision — Reports — Inspection — The 

city  shall  maintain  general  supervision  and  police  control  over  all  public 
utility  companies  in  so  far  as  they  are  subject  to  municipal  control.  It 
shall  cause  to  be  instituted  such  actions  or  proceedings  as  may  be  neces- 
sary to  prosecute  public  utility  companies  for  violations  of  law. 

It  shall  require  every  person  or  corporation  operating  under  a  fran- 
chise or  grant  from  the  city,  to  submit  to  the  eouncil  within  sixty  days 
after  the  first  day  of  January  of  each  year,  an  annual  report  verified  by 
the  oath  of  the  president,  the  treasurer,  or  the  general  manager  thereof. 

Such  reports  shall  be  in  the  form,  contain  such  detailed  information, 
and  cover  the  period  prescribed  by  the  council,  or  by  ordinance;  and  the 
council  shall  have  the  power,  either  through  its  members  or  by  experts 
or  employes  duly  authorized  by  it,  to  examine  the  books  and  affairs  of  any 
such  person,  persons  or  corporation,  and  to  compel  the  production  before 
them  of  books  and  papers  pertaining  to  such  report  or  other  matters. 

Any  such  person,  persons,  or  corporation  which  shall  fail  to  make  any 
such  report,  shall  be  liable  to  a  penalty  of  one  hundred  dollars  and  an 
additional  penalty  of  one  hundred  dollars  for  each  and  every  day  there- 
after, during  which  he  shall  fail  to  file  such  report,  to  be  sued  for  and 
recovered  in  any  court  of  record  having  jurisdiction. 

The  mayor  shall,  either  personally  or  through  the  city's  inspectors  or 
employes  duly  authorized  by  the  council,  enter  into  or  upon  and  inspect 
the  buildings,  plants,  power  houses,  and  all  properties  of  any  such  per- 
son, persons,  or  corporation,  and  shall  inspect  the  same  at  least  once  a 
year,  and  shall  immediately  thereafter  report  to  the  council  a  detailed 
and  complete  statement  of  such  inspection. 

122.  Books  of  Record  and  Reference. — The  mayor  shall  provide  and 
cause  to  be  kept  in  his  office  the  following  books  of  record  and  reference : 

First. — A  franchise  record,  indexed,  and  of  proper  form  in  which  shall 
be  transcribed  accurate  and  correct  copies  of  all  franchises  or  grants  by 
the  city  to  any  person,  persons,  or  corporation  owning  or  operating  any 
public  utility.  The  index  of  said  record  shall  give  the  name  of  the  grantee 
and  thereafter  the  name  of  any  assignee  thereof.  Said  record  shall  be  a 
complete  history  of  all  franchises  granted  by  the  city  and  shall  include  a 
comprehensive  and  convenient  reference  to  actions,  contests,  or  proceed- 
ings at  law,  if  any,  affecting  the  same. 

Second. — A  public  utility  record,  of  every  person,  persons,  or  corpora- 
tion owning  or  operating  any  public  utility  under  any  franchise  granted 
by  the  city,  into  which  shall  be  transcribed  accurate  and  correct  copies 
of  each  and  every  franchise  granted  by  the  city  to  said  person,  persons, 
or  corporation,  or  which  may  be  controlled  or  acquired  by  them  or  it,  to- 
gether with  copies  of  all  annual  reports  and  inspection  reports,  as  herein 


provided,  and  such  other  matters  of  information  and  public  interest  as  the 
mayor  may,  from  time  to  time,  acquire.  In  case  annual  reports  are  not 
filed  and  inspections  are  not  made,  as  provided,  the  mayor  shall  record 
such  fact  in  the  public  utility  record,  and  in  writing,  report  the  same  to 
the  council.  All  such  annual  reports,  or  a  synopsis  thereof,  shall  be  pub- 
lished once  in  two  daily  newspapers  of  general  circulation,  published  in 
the  city,  or  printed  and  distributed  in  pamphlet  form,  as  the  council  may 
determine. 

The  provisions  of  this  section  shall  apply  to  all  persons  or  corpora- 
tions operating  under  any  franchise  now  in  force  or  hereafter  granted  by 
the  city. 

123.  Books  of  Account — Examiuatiou. — The  city,  when  owning  any 
public  utility,  shall  keep  the  books  of  accounts  for  such  public  utility  dis- 
tinct from  other  city  accounts,  and  in  such  a  manner  as  to  show  the  true 
and  complete  financial  result  of  such  city  ownership,  or  ownership  and 
operation,  as  the  case  may  be.  Such  accounts  shall  be  so  kept  as  to 
show  the  actual  cost  to  the  city  of  the  public  utility  owned;  all  cost  of 
maintenance,  extension  and  improvement,  all  operating  expenses  of  every 
description,  in  case  of  such  city  operation;  if  water  or  other  service  shall 
be  furnished  for  the  use  of  any  department  of  the  city  without  charge, 
the  accounts  .shall  show,  as  nearly  as  possible,  the  value  of  such  service; 
such  accounts  shall  also  show  reasonable  allowance  for  interest,  depre- 
ciation, and  insurance,  and  also  estimates  of  the  amount  of  taxes  that 
would  be  chargeable  against  such  property  if  owned  by  a  private  corpora- 
tion. The  council  shall  cause  to  be  printed  annually  for  distribution,  a 
report  showing  the  financial  results,  in  form  as  aforesaid,  of  such  city 
ownership,  or  ownership  and  operation.  The  accounts  of  such  public 
utility,  kept  as  aforesaid,  shall  be  examined  at  least  once  a  year  by  an  ex- 
pert accountant,  who  shall  report  to  the  council  the  result  of  his  examina- 
tion. Such  expert  accountant  shall  be  selected  in  such  manner  as  the 
council  may  direct,  and  he  shall  receive  for  his  services  such  compensa- 
tion, to  be  paid  out  of  the  income  or  revenues  from  such  public  utility,  as 
th^  council  may  prescribe. 

124.  Term  >ot  Longer  Than  Twenty-Five  Years — Compensation.— No 

franchise,  lease  or  right  to  use  the  streets  or  the  public  places,  or  prop- 
erty of  the-city,  shall  be  granted  by  the  city,  except  as  in  this  charter  pro- 
vided, for  a  longer  period  than  twenty-five  years.  Every  grant  of  a  fran- 
chise shall  fix  the  amount  and  manner  of  the  payment  of  the  compensa- 
tion to  be  paid  by  the  grantee,  for  the  use  of  the  same,  and  no  other  com- 
pensation of  any  kind  shall  be  exacted  for  such  use  during  the  life  of  the 
franchise,  but  this  provision  shall  not  exempt  the  grantee  from  any  law- 
ful taxation  upon  his  or  its  property,  nor  from  any  licenses,  charges,  or 
impositions  not  levied  on  account  of  such  use. 

125.  City  May  Purchase,  Opersite  or  Sell — Procedure. — (a)  Every 
grant,  extension,  or  renewal  of  a  franchise  or  right  shall  provide  that  the 
city  may  upon  the  payment  therefor  of  its  fair  valuation,  purchase,  and 

31 


take  over  the  property  and  plant  of  the  grantee  in  whole  or  in  part;  such 
valuation  shall  be  made  as  provided  in  the  grant,  but  shall  not  include 
any  value  of  the  franchise  or  right  of  way  through  the  streets,  or  any 
earning  power  of  such  property.  The  valuation  may  include,  as  part  of 
the  cost  of  the  plant,  interest  on  actual  investment  during  the  period  of 
construction,  and  prior  to  operation.  Such  grant  may  provide  that  if  the 
purchase  is  made  within  five  years  of  the  time  when  the  franchise  is 
granted,  the  city  shall  pay  an  additional  sum  or  bonus  of  not  to  exceed 
ten  per  centum  (10%)  on  the  actual  value  of  the  tangible  property,  ex- 
clusive of  the  franchise  value,  which  additional  sum  or  bonus  shall  be  re- 
duced proportionately  from  such  five  year  period  to  the  end  of  the  fran- 
chise period  when  no  bonus  shall  be  given. 

The  procedure  to  effect  such  purchase  shall  be  as  follows: 
When  the  council  shall,  by  resolution,  direct  that  the  mayor  shall 
ascertain  whether  any  such  property  or  part  thereof,  should  be  acquired 
by  the  city,  or  in  the  absence  of  such  action  of  the  council,  when  a  peti- 
tion subscribed  by  qualified  electors  of  the  city,  eaual  in  number  to  at 
least  ren  per  centum  (10^/^)  of  the  last  preceding  vote  cast  in  the  city  for 
all  candidates  for  Governor  of  the  State  of  Colorado,  requesting  that  the 
mayor  shall  ascertain  whether  any  such  property  or  part  thereof,  should 
be  acquired  by  the  city,  shall  be  filed  with  the  clerk,  the  mayor  shall  forth- 
with carefully  investigate  said  property  and  report  to  the  council— 

(1)  At  what  probable  cost  said  property  may  be  acquired; 

(2)  What,  if  any,  probable  additional  outlays  would  be  necessary  to 
operate  the  same; 

(3)  Whether,  if  acquired,  it  could  be  operated  by  the  city  at  a  profit 
or  advantage  in  quality  or  cost  of  service,  stating  wherein  such  profit 
or  advantage  consists: 

(4)  Vv^hether,  if  acquired,  it  could  be  paid  for  out  of  its  net  earnings, 
and  if  so,  within  what  time:  and 

(o)  Such  other  information  touching  the  same  as  he  shall  have  ac- 
quired. 

Such  report  shall  be  made  in  writing,  shall  include  a  statement  of 
facts  in  relation  thereto  with  such  particularity  as  will  enable  the  council 
to  judge  of  the  correctness  of  his  findings,  and  immediately  after  submis- 
sion to  the  council,  shall  be  filed  with  the  city  clerk,  recorded  in  the  pub- 
lic utility  record,  and  published  once  in  each  of  two  daily  newspapers  of 
general  circulation  published  in  the  city,  or  printed  and  distributed  in 
pamphlet  form,  as  the  council  may  determine. 

If  a  petition  subscribed  by  qualified  electors  of  the  city,  equal  in  number 
to  at  least  ten  per  centum  (10%)  of  the  last  preceding  vote  cast  in  the 
city  for  all  candidates  for  Governor  ot  the  State  of  Colorado,  requesting 
that  the  question  whether  or  not  the  city  shall  acquire  said  property,  shall 
be  submitted  to  a  vote  of  the  people,  shall  within  sixty  days  after  the  filing 
of  said  report  be  filed  with  the  clerk,  the  council  shall  provide  by  ordi- 
nance for  the  submission  of  the  question  to  a  vote  of  the  qualified  electors. 

(b)  Every  grant  reserving  to  the  city  the  right  to  acquire  the  plant 
32 


as  well  as  the  property,  if  any,  of  the  grantee  situated  in,  on,  above,  or 
under  the  public  places  of  the  city,  or  elsewhere,  used  in  connection  there- 
with, shall  in  terms  specify  the  method  of  arriving  at  the  valuation 
therein  provided  for,  and  shall  further  provide  that  upon  the  payment  by 
the  city  of  such  valuation,  the  plant  and  property  so  valued,  purchased  and 
paid  for,  shall  become  the  property  of  the  city  by  virtue  of  the  grant  and 
payment  thereunder,  and  without  the  execution  of  any  instrument  of  con- 
veyance; and  every  such  grant  shall  make  adequate  provision  by  way  of 
forfeiture  of  the  grant,  or  otherwise,  for  the  effectual  securing  of  efficient 
service  and  for  the  continued  maintenance  of  the  property  in  good  order 
and  repair  and  its  continuous  use  throughout  the  entire  term  of  the  grant. 
TFhe  grant  may  also  provide  that  in  case  such  reserved  right  to  operate  or 
to  take  over  such  plant  or  property  is  not  exercised  by  the  city,  and  it 
shall,  prior  to  payment  for  the  same,  secure  a  bid  for  the  property,  and 
grant  a  new  franchise  for  the  same  service  or  utility,  as  provided  in  para- 
graph "c"'  of  this  section,  or  grant  the  right  to  another  person  or  corpora- 
tion to  operate  said  utility,  so  occupied  and  used  by  its  grantor,  under  the 
former  grant,  that  the  title  to  and  possession  of  the  plant  and  property  so 
taken  away  be  transferred  directly  to  the  new  grantee  upon  the  terms 
upon  which  the  city  may  have  purchased  it. 

(c)  Whenever  any  plant  or  property  shall  become  the  property  of 
the  city  of  Grand  Junction,  the  city  shall  have  the  option  at  any  time, 
then  or  thereafter,  either  to  operate  the  same  on  its  own  account,  or  by 
ordinance  to  lease  the  same  or  any  part  thereof,  together  with  the  fran- 
chise or  right  to  use  the  streets  or  other  public  property  in  connection 
therewith,  for  periods  not  exceeding  twenty-five  years,  under  such  rules 
and  regulations  as  it  may  prescribe,  or  by  ordinance  to  sell  the  same; 
provided,  however,  that  no  such  ordinance  shall  be  adopted  except  by  a 
majority  vote  of  the  qualified  electors  of  the  city. 

126.  Charter  Provisions  Jfot  to  Impair  Right  to  Insert  Other  Matters 
in  Franchise. — The  enumeration  and  specification  of  particular  matters 
in  this  charter  which  must  be  included  in  every  franchise  or  grant,  shall 
never  be  construed  as  impairing  the  right  of  the  city  to  insert  in  such 
franchise  or  grant,  such  other  and  further  conditions,  covenants,  terms, 
restrictions,  limitations,  burdens,  taxes,  assessments,  rates,  fares,  rentals, 
charges,  control,  forfeitures,  or  any  other  provision  whatever,  as  the  city 
shall  deem  proper  to  protect  the  interests  of  the  people. 

127.  Revocable  Permits. — The  council  may  grant  a  permit  at  any  time, 
in  or  upon  any  street,  alley,  or  public  place,  provided  such  permit  may  be 
revocable  by  the  council  at  its  pleasure  at  any  time,  whether  such  right 
to  revoke  be  expressly  reserved  in  such  permit  or  not. 

ARTICLE  XV. 

COMMISSIONS  AND  BOARDS. 

Parks. 

128.  Commission— Statutes  Apply.— A  park  commission  shall  be  ap- 

33 


pointed  by  the  city  council,  to  serve  witiiout  compensation,  with  the  pow- 
ers, functions  and  duties  established  by  Sections  6771  to  6788  inclusive,  of 
the  Revised  Statutes  of  Colorado,  1908,  until  otherwise  provided  by  ordi- 
nance. 

rublio  Lil)rarj. 

129.  Board — Statutes  Aju)]}'. — The  existing  board  of  directors  of  the 
Public  Library  of  the  city  of  Grand  Junction  shall  continue  with  the 
powers,  functions  and  duties  established  by  Sections  3972  to  3984  inclu- 
sive, of  the  Revised  Statutes  of  Colorado,  1908,  until  otherwise  provided 
by  ordinance. 

Public  Charities. 

130.  Board  of  Charities. — The  city  council  shall  establish  a  commis- 
sion of  public  charities  and  appoint  commissioners  thereon,  to  serve  with- 
out compensation,  with  such  tenures,  powers  and  duties  of  office  as  may 
be  fixed  by  ordinance. 

Civil  Service. 

131.  Commission. — There  is  hereby  established  a  civil  service  com- 
mission consisting  of  three  members  who  shall  serve  without  compensa- 
tion, and  who  shall  have  such  tenures,  rights,  powers  and  duties  of  office 
as  may  be  prescribed  by  ordinance  not  in  conflict  with  this  charter.  Such 
commission  shall  be  appointed  by  the  city  council  prior  to  January  1,  1913. 

132.  Classified  List.— Such  commission  shall  classify  any  salaried  em- 
l)loyes  in  the  five  departments  of  the  city  as  provided  by  ordinance,  for 
open,  non-partisan,  competitive,  and  free  examination  as  to  fitness,  with 
limitations  as  to  residence,  health,  habits  and  moral  character;  for  an 
eligible  list  from  which  vacancies  shall  be  filled;  for  a  period  of  proba- 
tion before  employment  is  made  permanent;  and  for  promotion  on  the 
basis  of  merit,  experience  and  record.  Such  civil  service  appointees  shall 
only  be  removed  from  their  employment  for  cause  unless  by  unanimous 
vote  of  the  council. 

ARTICLE  XVI. 

DIRECT  LEGISLATION  BY  THE  PEOPLE. 

133.  Direct  Legislatiou. — Any  proposed  ordinance  may  be  submitted 
to  the  council  by  petition  signed  by  qualified  electors  of  the  city,  equal  in 
number  to  the  percentage  hereinafter  required.  The  procedure  in  respect 
of  such  petition  shall  be  the  same  as  provided  in  Sections  28  and  29,  Arti- 
cle III,  of  this  charter,  with  such  modifications  as  the  nature  of  the  case 
requires,  except  that  no  blank  forms  shall  be  furnished  or  preliminary 
affidavit  made. 

134.  Ten  Per  Centum  Petition. — If  the  petition  accompanying  the  pro- 
posed ordinance  be  signed  by  qualified  electors  equal  in  number  to  at  least 
ten  per  centum  of  the  last  preceding  vote  cast  in  the  city  for  all  candi- 
dates for  Governor  of  the  State  of  Colorado,  and  contains  a  request  that 
said  proposed  ordinance  be  submitted  to  a  vote  of  the  people,  if  not 
passed  by  the  council,  the  clerk  shall  thereupon  ascertain  and  certify  its 

34 


number  of  qualified  signers;  whereupon,  if  such  certificate  shows  the  re- 
quired number  of  qualified  signers,  the  council  shall  within  twenty  days 
thereafter,  either — 

(a)  Pass  said  ordinance  without  alteration,  (subject  to  the  referen- 
dum vote  provided  by  this  article) ;  or 

(b)  Call  a  special  election  unless  a  general  or  special  municipal  elec- 
tion is  to  be  held  within  ninety  days  thereafter,  and  at  such  general  or 
special  municipal  election  said  proposed  ordinance  shall  be  submitted 
without  alteration  to  the  vote  of  the  qualified  electors  of  the  city. 

135.  Five  Per  Ceutuni  Petition. — If  the  petition  be  signed  by  qualified 
electors  equal  in  number  to  at  least  five  per  centum  but  less  than  ten  per 
centum  of  the  last  preceding  vote  cast  in  the  city  for  all  candidates  for 
Governor  of  the  State  of  Colorado,  as  shown  in  the  manner  hereinbefore 
provided,  and  said  proposed  ordinance  be  not  passed  without  alteration  by 
the  council  within  twenty  days,  as  provided  in  the  preceding  section,  then 
such  proposed  ordinance,  without  alteration,  shall  be  submitted  by  the 
council  to  electoral  vote  at  the  next  general  municipal  election,  if  any, 
occurring  within  forty  days  thereafter.  If  filed  before  forty  days,  or 
within  twenty  days  of  such  election,  said  petition  shall  be  invalid. 

136.  Mode  of  Protesting  Against  Ordinances. — No  ordinance  passed  by 
the  council  shall  take  effect  before  thirty  days  after  its  final  passage  and 
final  publication,  except  an  emergency  ordinance,  as  provided  in  Article 
VI  of  this  charter.  If,  within  said  thirty  days,  a  petition  signed  by  quali- 
fied electors  of  the  city  equal  in  number  to  at  least  ten  per  centum  of  the 
last  preceding  vote  cast  in  the  city  for  all  candidates  for  Governor  of  the 
State  of  Colorado,  be  presented  to  the  council,  protesting  against  such 
ordinance  taking  effect,  the  same  shall  thereupon  and  thereby  be  sus- 
pended from  taking  effect,  the  council  shall  immediately  reconsider  such 
ordinance,  and  if  the  same  be  not  entirely  repealed,  the  council  shall  sub- 
mit it,  by  the  method  provided  in  this  article,  to  a  vote  of  the  qualified 
electors  of  the  city,  either  at  the  next  general  municipal  election,  or  at 
a  specal  election,  which  may,  in  their  discretion,  be  called  by  them  for 
that  purpose,  and  such  ordinance  shall  not  take  effect  unless  a  majority 
of  the  qualified  electors  voting  on  the  same  at  such  election,  shall  vote  in 
favor  thereof. 

The  procedure  in  respect  of  such  referendum  petition  shall  be«the  same 
as  provided  in  sections  28  and  29  of  Article  III  of  this  charter,  with  such 
modifications  as  the  nature  of  the  case  requires,  except  that  no  blank 
forms  shall  be  furnished  or  preliminary  affidavit  made. 

137.  Keference  ))j'  the  Council.— The  council  may,  of  its  own  motion, 
submit  to  electoral  vote  for  adoption  or  rejection  at  a  general  or  special 
municipal  election,  any  proposed  ordinance  or  measure,  or  a  proposition 
for  the  repeal  or  amendment  of  any  ordinance,  in  the  same  manner  and 
with  the  same  force  and  effect  as  provided  in  this  article  for  submission 
pn  petition.  If  the  provisions  of  two  or  more  proposed  ordinances  or 
measures,  adopted  or  approved  at  the  same  election,  are  Inconsistent,  then 

35 


the   ordinance    or   measure    receiving   the    highest    afRrmative    vote    shall 
prevail. 

138.  Publication  of  Ek'ctoral  Ordinance. — WTienever  any  proposed  or- 
dinance is  required  by  this  charter,  to  be  submitted  to  the  voters  of  the 
city  at  any  election,  the  council  shall  cause  it  to  be  published  as  required 
of  other  proposed  ordinances. 

189.  Election. — The  ballots  used  vfhen  voting  upon  such  proposed 
ordinance  shall  state  the  nature  of  the  ordinance  in  terms  sutflcient  to 
identify  it,  and,  on  separate  lines,  the  words,  "For  the  Ordinance",  and 
"Against  the  Ordinance."  If  a  majority  of  the  qualified  electors  voting 
on  said  proposed  ordinance  shall  vote  in  favor  thereof,  the  same  shall 
thereupon  become  an  ordinance  of  the  city. 

140.  Several  Ordinances  at  One  Election. — Provision  shall  be  made 
on  each  ballot  for  voting  upon  all  proposed  ordinances  submitted  at  that 
election. 

141.  Limit  to  Special  Elections. — There  shall  not  be  held  under  this 
article  more  than  one  special  election  in  any  period  of  six  months. 

142.  Kepeal  or  Amendment* — An  ordinance  adopted  by  electoral  vote, 
cannot  be  repealed  or  amended  except  by  electoral  vote. 

143.  Regulations.— The  council  may,  by  ordinance,  make  such  regu- 
lations, not  in  conflict  herewith,  as  it  may  deem  necessary  to  carry  out 
the  provisions  of  this  article. 


ARTICLE  XVI]. 

GENERAL   PROVISIONS. 

144.  Present  Form  of  Government  Terminated. — Upon  the  approval  of 
this  charter  by  a  majority  of  the  qualified  electors  voting  thereon,  and 
upon  filing  two  copies  thereof  officially  certified  by  the  city  clerk,  in  the 
office  of  the  Secretary  of  State  of  Colorado,  it  shall  thereupon  be  in  full 
force  and  effect,  and  the  present  form  of  government  including  all  exist- 
ing city  ^wards,  shall  thereupon  cease  and  terminate.  All  officers  and 
other  persons  in  the  service  of  the  city  at  that  time  shall  continue  to 
serve  as  such,  receive  the  compensation  therefor  now  provided  by  law  or 
by  ordinance,  have  and  exercise  the  powers,  authority  and  jurisdiction 
theretofore  possessed  by  them  respectively,  until  the  elective  officers  first 
elected  hereunder  shall  have  qualified.  Upon  such  qualification,  the  term 
of  office  of  every  officer  or  other  person  in  the  service  of  the  city  at  the 
time  this  charter  takes  effect  shall  terminate  immediately.  All  persons  in 
the  service  of  the  city  at  the  time  this  charter  takes  effect  (except  the 
mayor,  aldermen,  police  magistrate,  city  clerk,  city  treasurer,  street  com- 
missioner, water  commissioner,  or  any  other  person  whose  office  ceases 
by  virtue  thereof)  shall  continue  to  draw  compensation  at  the  same  rate, 

36 


and  to  exercise  like  poirers,  authorii^  and  jurisdiction  as  theretofore, 
until  replaced  or  until  the  council  shall  otherwibe  provide. 

145.  Duty  of  Present  Oftic«rH  as  to  Elections. — It  shall  be  the  duty  of 

the  mayor,  the  city  council,  and  the  city  clerk  in  office  when  this  aharter 
takes  effect,  to  comply  with  all  the  requirements  of  Article  II  of  this  char- 
ter relating  to  elections,  to  the  end  that  all  things  may  be  dope  necessary 
to  the  nomination  and  election  of  the  officers  first  to  be  elected  under  this 
charter. 

146.  Outgoing  Officers. — All  officers  of  the  city  whose  term  of  offlc* 
shall  be  terminated  by  the  first  election  under  this  charter,  shall  deliver 
and  turn  over  to  the  officers  upon  whom  their  powers  and  duties  devolve, 
all  papers,  records,  and  property  of  every  kind  in  their  possession  or  cus- 
tody by  virtue  of  their  office,  and  shall  account  to  them  or  to  any  authority 
designated  by  the  city  council,  for  all  funds,  credits  or  property  of  any 
kind  with  which  they  are  properly  chargeable,  as  such  officials. 

147.  Present  Ordinances  Continue  In  Force. — All  laws,  ordinances,  res- 
olutions, by-laws,  orders,  rules  or  regulations  in  force  in  the  city  of 
Grand  Junction,  at  the  time  this  charter  takes  effect,  not  inconsistent  with 
its  provisions,  whether  enacted  by  the  authority  of  the  city  or  any  other 
authority,  shall  continue  in  full  force  and  effect  until  otherwise  provided 
by  ordinance. 

148.  Penalty  for  Violation. — Any  person  who  shall  violate  any  of  th« 
provisions  of  this  charter  for  the  violation  of  which  no  punishment  has 
been  provided  herein,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof,  shall  be  punished  by  a  fine  not  exceeding  one  hundred 
($100.00)  Dollars,  or  by  imprisonment  in  the  city  jail  not  exceeding  three 
months,  or  by  both  such  fine  and  imprisonment. 

149.  Definition  of  Misdemeanor. — The  term  "misdemeanor"  as  used 
in  this  charter,  shall  mean  a  violation  thereof,  or  of  any  ordinance,  of 
which  the  Municipal  Court  or  magistrate  thereof  shall  have  jurisdiction, 
and  shall  not  have  the  meaning  attached  to  it  in  Chapter  XXXV  entitled 
"Crimes,"  Revised  Statutes  of  Colorado,  1908. 

150.  Continnlng  Bonds,  Etc — All  official  bonds,  recognizances,  obli- 
gations, contracts  and  all  other  instruments  entered  into  or  executed  by 
or  to  the  city  before  this  charter  takes  effect,  and  all  taxes,  fines,  penal- 
ties, forfeitures  incurred  or  imposed,  due  or  owing  the  city,  shall  be  en- 
forced or  collected,  and  all  writs,  prosecutions,  actions  and  causes  of  ac- 
tion, except  as  herein  otherwise  provideU,  shall  continue  without  abate- 
ment and  remain  unaffected  by  this  charter;  and  all  legal  acts  done  by  or 
in  favor  of  the  city,  shall  be  and  remain  as  valid  as  though  this  charter 
had  not  been  adopted. 

151.  Submission  of  Charter  Amendments. — This  charter  may  be 
amended  at  any  time  in  the  manner  provided  by  Article  XX  of  the  con- 
stitution of  the  State  of  Colorado.    Nothiog  herein  contained  shall  be  con- 

•7 


strued  as  preventing  the  submission  to  the  people  of  more  than  one  char- 
ter amendment  or  measure  at  any  one  election. 

152.  Reservation  of  Power. — The  power  to  supersede  any  law  of  this 
state,  now  or  hereafter  in  force,  in  so  far  as  it  applies  to  local  or  munici- 
l)al  affairs,  shall  be  reserved  to  the  city,  acting  by  ordinance. 

CERTIFICATE. 

WHEREAS,  the  City  of  Grand  Junction  in  the  County  of  Mesa,  and 
State  of  Colorado,  a  city  of  the  second-class,  did,  on  the  8th  day  of  June, 
1909,  at  a  special  election  under  and  in  accordance  with  the  provisions 
of  Article  XX  of  the  constitution  of  the  State  of  Colorado,  elect  George  R. 
Barton,  James  W.  Bucklin,  Heman  R.  Bull,  William  Campbell,  Alfred  R. 
CulleH,  William  E.  Dudley,  Wendell  P.  Ela,  George  W.  Fletcher,  Ernest  M. 
'Gillpatrick,  William  C.  Herrman,  Shepard  B.  Hutchinson,  William  H.  Lee, 
Charles  P.  McCary,  William  J.  Moyer,  John  Murphy,  Frank  Sawyer, 
Marcus  M.  Shores,  David  T.  Stone,  Thomas  M.  Todd,  Bostwick  W.  Vedder 
and  James  Woods,  as  a  Charter  Convention  of  twenty-one  (21)  electors, 
qualified  as  required  by  said  Article  XX,  to  prepare  and  propose  a  Char- 
ter for  said  City ; 

BE  IT  KNOWN,  that,  in  pursuance  of  said  provision  of  the  constitu- 
tion, and  within  a  period  of  sixty  days  after  said  election,  said  Charter 
Convention  has  prepared,  and  does  propose  the  foregoing  as  and  for  the 
Charter  of  said  City  of  Grand  Junction,  and  that  in  submitting  and  pro- 
posing said  Charter  to  the  voters  of  said  city,  the  Charter  Convention, 
pursuant  to  said  provisions  of  the  constitution,  also  submits  therewith 
for  the  choice  of  the  voters,  and  to  be  voted  on  separately  without  preju- 
dice to  the  other  provisions  contained  in  the  Charter,  an  alternative  prop- 
osition hereinafter  stated.  Said  alternative  proposition  shall,  if  approved 
by  a  majority  of  the  voters  voting  on  the  question,  thereupon  take  effect,' 
and  take  the  place  of  Section  35,  Article  IV  of  this  Charter,  and  there- 
upon said  Section  35  hereinbefore  set  forth,  shall  then,  and  in  that  event, 
be  invalid  .and  be  eliminated. 

Said  alternative  proposition  shall  be  submitted  to  the  voters  for  their 
approval  or  rejection  at  the  same  election  at  which  the  Charter  shall  be 
submitted.  Upon  the  ballots  submitting  the  adoption  of  the  Charter  shall 
be  printed  two  propositions  as  follows: 

YES  NO 


I 
Shall  the  Charter  be  adopted?  | 

I 


Shall   the   alternative   proposition   for  | 

three    commissioners    take    the    place  | 

of    Section    35,    Article    IV    for    five  j 

commissioners?  | 


Those  voting  in  favor  of  either  or  both  of  said  propositions  shall  put 
a  cross  (X)  in  the  first  column  opposite  such  propositions  under  the  word 
"Yes";  those  voting  against  either  or  both  of  said  propositions,  shall  put 

S8 


a  cross   (X)   in  the  second  column  opposite  such  propositions  under  the 
word  "No", 

Said  alternative  proposition  is. as  follows: 

ALTERNATIVE  PROPOSITION. 
"35.  Offieers— Terms— Salaries — The  elective  officers  of  the  city  shall 
consist  of  three  commissioners;  one  of  whom  shall  be  the  Commissioner 
of  Public  Affairs,  Finance  and  Supplies,  and  shall  have  charge  of  Depart- 
ments I  and  II,  and  shall  be  ex  officio  Mayor;  one  shall  be  the  Commis- 
sioner of  Highways,  Health  and  Civic  Beauty,  and  shall  have  charge  of 
Departments  III  and  IV;  and  one  shall  be  the  Commissioner  of  Water 
and  Sewers,  and  shall  have  charge  of  Department  V;  each  of  whom  shall 
be  elected  at  large  by  the  qualified  electors  of  the  city. 

The  terms  of  all  elective  officers  shall  commence  at  10  o'clock  A.  M. 
on  the  first  Tuesday  following  their  election,  and  shall  be  for  two  years 
and  until  10  o'clock  A.  M.  of  the  first  Tuesday  following  the  election  and 
qualification  of  their  successors. 

The  salaries  of  each  of  such  commissioners  shall  be  One  Hundred  and 
Twe'.ity-five   ($125.00)   Dollars  per  month,  payable  monthly." 

IN  WITNESS  WHEREOF,  We,  the  duly  elected  and  qualified  members 
of  the  Charter  Convention,  of  the  city  of  Grand  Junction,  State  of  Colo- 
rado, have  hereunto  subscribed  our  names  in  triplicate,  in  Convention,  at 
the  Council  Chamber,  in  the  City  Hall,  in  said  city,  this  sixth  day  of 
August,  in  the  year  of  our  Lord,  one  thousand  nine  hundred  and  nine. 

JAMES  W.  BUCKLIN, 

President. 
BOSTWICK  W.  VEDDER, 

Vice  President. 
JAMES  WOODS, 

Secretary. 
GEORGE  R.  BARTON, 
HEMAN  R.  BULL. 

WILLIAM  CAMPBELL,  ' 

ALFRED  R.  CULLEN, 
WILLIAM  E.  DUDLEY, 
WENDELL  P.  ELA, 
GEORGE  W.  FLETCHER, 
ERNEST  M.  GILPATilICK, 
WILLIAM.  C.  HERRMAN, 
SHEPARD  B.  HUTCHINSON, 
WILLIAM  H.  LEE, 
CHARLES  P.  McCARY, 
WILLIAM  J.  MOYER, 
JOHN  MURPHY, 
FRANK  SAWYER. 
M.  M.  SHORES, 
DAVID  T.  STONE, 
THOMAS  M.  TODD. 
39- 


OFFICIAL    DATA. 


Grand  Junction  was  selected,  located,  staked,  and  founded  as  a  Town- 
site  under  and  by  virtue  of  the  laws  of  the  United  States,  September  26, 
18S1,  bj'  and  in  the  names  of  George  A.  Crawford,  Richard  D.  Mobley, 
M.  Rush  Warner,  James  W.  Bucklin,  and  their  associates,  Allison  White 
and  H.  E.  Rood,  who,  pursuant  thereto,  on  October  10,  1881,  incorporated 
"The  Grand  Junction  Town  Company.'' 

June  22,  1882,  a  vote  was  taken  to  incorporate  the  municipality  by  the 
name  of  the  "Town  of  Grand  Junction,"  which  incorporation  was  com- 
pleted July  19,  1882. 

February  14,  1883,  the  town  was  made  the  County  seat  of  the  new 
County  of  Mesa. 

April  20,  1891,  the  town  was  graded  into  a  city  of  the  second  class. 

April  6,  1909,  Grand  Junction  became  a  Charter  city  by  vote,  pursuant 
to  the  State  Constitution,  and  on  June  8,  1909,  the  21  Charter  delegates 
were  elected  who  completed  and  filed  the  Charter  on  August  7,  1909. 

September  14,  1909,  the  election  to  adopt  or  reject  the  Charter  takes 
place,  and  if  adopted,  the  first  election  thereunder  occurs  November  2,  1909. 

The  population  of  Grand  Junction  as  shown  by  official  census  was  in 
round  numbers  in  1885,  500;  in  1890,  2,000;  in  1900,  3,600;  in  1909  (City 
Directory),  11,000. 

The  elevation  as  fixed  by  the  U.  S.  Government  is  4,587  feet  above 
sea  level. 

The  City  comprises  all  of  Section  14;  the  SB14  of  Section  11;  the  SE^ 
of  Section  15;  the  NW14  of  Section  23;  a  strip  of  land  232  feet  wide  off 
the  west  side  of  the  NW»4  of  the  NE^A  of  Section  23,  being  an  extension 
of  7th  street,  and  the  land  lying  west  thereof;  and  all  of  the  SW14  of 
Section  13  except  that  part  of  the  SE^  of  SW^  of  said  Section  13,  lying 
south  of  the  right-of-way  of  the  Rio  Grande  Junction  Railway  Company's 
track  and  comprising  23.04  acres;  all  being  in  T  1  S.  R.  1  W.  JS.  M.,  Mesa 
County,  Colorado,  and  being  a  little  lees  than  two  sections  of  land. 


PROPOSED  REVISED  CHARTER 

FOR    THE 

City  ^ 
Grand  Rapids 

PREPARED 


WITH    THE    ASSISTANCE    OF   CITY   ATTORNEY 

Moses  Taggart 


COMMITTEE  ON  CHARTER  AMENDMENTS 

Elvin  Swarthout        Joseph  Renihan 
Harry  C.  White         George  P.  Tilma 
George  W.  Thompson 


Which  Committee  was  appointed  May  2,   1904  by 
MAYOR  EDWIN   F.  SWEET 


PROPOSED  REVISED  CHARTER 

FOR    THE 

City  ^ 
Grand  Rapids 

PREPARED 


ITH    THE    ASSISTANCE   OF   CITY   ATTORNEY 

Moses  Taggart 


COMMITTEE  ON  CHARTER  AMENDMENTS 

Elvin  Swarthout        Joseph  Renihan 
.  Harry  C.  White         George  P.  Tilma 
George  W.  Thompson 


Which  Committee  was  appointed  May  2,   1904  by 
mayor  EDWIN   F.  SWEET 


Report  of  Committee  on  Charter  Amendments. 


I'll  llii-  I  fun.  iLci'a'iu  P.  Sivcct.  Mayor,  and  the  Hoiun-ablc  Common  Council 
of  the  City  of  Grand  Rapids: 

Your  Conmiittee  on  Charter  Amendments,  upon  whom,  nearly  a  year 
ago,  was  imposed  the  task  of  re-writing  the  City  Cliarter,  l^eg  leave  to  report 
herewith  a  draft  of  "  An  Act  to  Revise  the  Charter  of  the  City  of  Grand 
Rapids."  We  suggest  that  after  yom"  honorable  body  has  made  such  altera- 
tion as  may  seem  advisable,  the  proposed  new  Charter  be  transmitted  to  the 
representatives  of  the  city  in  the  State  Legislature,  for  presentation  to  and 
adoption  by  that  liody. 

The  method  pursued  by  your  committee  in  formulating"  this  document 
was  as  follows:  Immediately  after  the  appointment  of  the  committee,  com- 
munications were  sent  to  the  various  boards,  departments  and  officers  of  the 
city,  asking  for  written  suggestions  of  changes  in  the  Charter  which  their 
experience  had  shown  to  be  needful.  The  citizens  generally,  as  well  as 
numerous  non-official  civic  organizations,  were  also  invited  to  offer  sug- 
gestions. A  large  number  of  communications  were  received  in  answer  to 
tliese  calls.  Thereafter  a  series  of  public  meetings  were  held  by  the  commit- 
tee, at  which  the  various  departments  of  the  city  government  were  taken  uj) 
in  order  and  these  recommendations  and  other  suggestions  discussed. 
Probably  fifty  such  meetings  have  been  held.  The  discussions  were  uni- 
formly instructive  and  valuable. 

The  present  City  Charter  was  then  reviewed  by  the  committee,  title  by 
title.  Comparisons  were  made  with  the  charters  of  a  large  number  of  other 
cities,  which  had  been  kindly  furnished  us  by  Mr.  D.  F.  Wilcox.  The  com- 
mittee was  aided  in  the  work  of  these  sessions  by  the  officers  of  the  city  and 
by  committees  from  the  Board  of  Trade,  the  I'rades  and  Labor  Council, 
the  Civic  Club,  etc.,  etc.  The  various  titles  were  then  turned  over  to  City 
Attorney  Moses  Taggart,  who  re-drafted  the  same.  His  work  was  then 
re-read  and  passed  by  the  committee.  This  process  was  continued  until  the 
whole  Charter  was  re-written.  A  committee  of  the  Grand  Rapids  Bar 
.Association,  of  which  Ex-Mayor  W.  J.  Stuart  was  chairman,  then  read 
the  manuscripts  of  the  leading  titles  with  a  view  to  seeing  that  there  were 
no  legal  objections  to  their  form  and  content. 

Thereafter  copy  was  revised  for  the  printer  by  Mr.  Taggart,  the  Chair- 
man of  the  committee  and  the  City  Clerk,  care  being  taken  to  see  that  dupli- 


cations  were  eliminated  and  tlic  various  sections  arranged  in  tlieir  proper 
positions. 

It  has  not  licen  the  purpose  of  the  committee  to  see  how  many  changes 
in  tlie  charter  could  be  made.  We  have  endeavored,  wherever  possible,  to 
use  the  \er1)iage  of  the  city's  organic  lav>',  which  has  been  approved  by  time, 
remembering  the  wisdom  of  the  Pauline  maxim  "  Hold  fast  the  form  of 
sound  words."  The  city  attorney  has  advised  us  that  many  clauses  of  the 
Charter  have  already  been  construed  by  the  Supreme  Court,  and  that  it  is 
best  to  continue  the  use  of  such  approved  form  of  words  wliercver  possible. 

THE   MORE  NOT.\nLE  CTI.VNnES. 

But  the  committee  has  seen  fit  to  make  a  number  of  changes  not  only 
in  the  wording  of  the  document,  but  also  in  the  substance  of  its  provisions. 
Some  of  the  more  notable  are : 

Making  all  the  Aldermen  members  of  the  Board  of  Supervisors,  and 
doing  away  with  the  office  of  supervisor-at-large.     §  lo. 

A  general  provision  for  filling  vacancies,  and  for  removal  from  office. 
5^   iS,  19. 

An  optional  referendum  on  ordinances,  or  franchise  grants,  and  c ji;  ■ 
tracts,  involving  the  expenditure  of  more  than  $10,000.     §  57. 

A  veto  in  the  Board  of  Police  and  Fire  Connnissioners  on  applicalii_)ns 
for  saloon  licenses,  bottom  p.  19. 

Sprinkling  of  streets  from  highway  fund,  §  41. 

Changing  of  the  beginning  of  the  fiscal  year  to  April   i.     §  67. 

Limit  of  borrowing  money  for  current  expenses  raised  from  $_'o,ooo 
to  $50,000.     §  S2. 

y\n  entire  title  devoted  to  the  subject  of  granting  franchises  in  the 
streets  and  delining  and  limiting  the  powers  of  the  council  in  the  premises; 
and  the  optional   referendum  on   franchises.     §  100,   et  seq. 

Regulations  concerning  municipal  control  of  public  utilities.  §  11,3,  I2T. 

The  whole  subject  of  keeping  municipal  accounts  and  funds  has  been 
revised.     §  134,  151. 

The  comptroller  is  made  the  bookkeeper  for  all  departments  of  the  city, 
including  the  Board  of  Education;  it  is  made  his  duty  to  examine  the  books 
of  all  departments;  he  can,  with  the  approval  of  the  Council,  require  all  the 
departments  to  keep  their  books  in  a  particular  way.  The  treasurer  is 
made  the  sole  receiving  and  disbursing  officer  of  the  city  and  its  boards,  in- 
cluding the  Board  of  Educatic)n.  (Same  Sections.) 

The  salary  of  the  Mayor  is  raised  from  $1,200  to  $2,000;  and  that  of 
the  comptroller  from  $2,000  to  $2,500.     §  156. 

Idle  cost  of  paving  street  intersections  to  be  paid  from  the  general 
fund;  and  one-half  the  expense  of  second  improvements  of  streets  paved 
after  J;ni.  T,  1905,  to  be  paid  from  the  same  fund.     §   167. 

iv 


Sidewalk,  etc..  assessments  are  no  longer  a  personal  charge  against  the 
owner  of  the  property.  §  i8i.  (p.  104  of  old  Charter.)  The  treasurer 
and  not  the  marshal  will  make  collections. 

The  Mayor  is  no  longer  a  mcmher  of  the  Board  of  Puhlic  Works,  and 
llie  term  of  office  of  memhers  is  made  five  years.  Not  more  than  three 
memhcrs  shall  he  appointed  from  any  one  party.     §  266. 

The  secretary  may  l)e  made  general  manager  of  thi^  hoard  if  tlie  l)oard 
so  decides.     §  271. 

Board  to  maintain  permanently  improved  streets.     §  275. 

Sealer  of  Weights  transferred  to  Board  of  Police  and  Fire  Commis- 
sioners, who  must  detail  a  policeman  fi^r  this  duty  alone.     §  310. 

The  Board  of  Health  and  Board  of  Poor  Commissioners  have  heen 
consolidated.  Title  X..  page  104.  The  city  physician  and  milk  and  food 
inspector  are  placed  under  this  hoard.  §  343,  344.  The  secretary  of  the 
hoard  may  be  made  superintendent  of  the  poor,  if  the  hoard  so  decide, 
otherwise  the  health  ofificer  will  perform  the  functions  of  that  office.  §  347. 
The  limit  of  the  health  officer's  salary  is  fi.xed  at  $2,000.  §  342;  and  that 
of  the  city  physician  at  $1,800.     §  343. 

A  new  hoard  to  he  knowm  as  the  Board  of  Park  and  Cemetery  Com- 
missioners is  provided  for.     Title  XI.     p.  112. 

The  powers  of  the  Board  of  Sinking  Fund  Commissioners  (which 
hoard  was  created  hy  the  Legislature  of  1903),  are  enlarged  to  cover:  (i.) 
the  care  of  cemetery  trust  funds,  etc.  §  t,~3,  374,  376,  400;  (2.)  the 
control  of  fifty  per  cent,  of  the  gross  receipts  of  the  water  works,  which  is 
turned  over  to  this  hoard  for  the  payment  of  interest  on  the  water  works 
bonds,  and  for  a  sinking  fund  to  pay  such  bonds.  §399;  (3.)  tin? 
handling  of  part  of  the  school  tax  to  meet  interest  and  principal  of  school 
bonds.     §  400. 

A  Board  of  Estimates  is  created.  Title  XlIT,  p.  123:  and  each  of  the 
departments  of  the  city  government  is  required  to  submit  its  estimates  for 
the  ensuing  year  on  or  before  the  first  Tuesday  in  April,  and  the  Board 
of  Education  on  or  before  the  fourth  Monday  of  August.     §  411. 

The  P)Oard  of  Education  act  has  been  rewritten  and  made  a  part  of  the 
Charter.  Title  XIV.,  page  125.  The  board  is  reduced  to  nine  members, 
elected,  three  from  each  of  three  districts,  §  420,  at  the  spring  election, 
§  421.  The  boarfl  may  choose  a  business  manager;  §  433;  the  secre- 
tary shall  not  lie  a  member.  §  427;  all  claims  go  through  the  coniptroller's 
ofiice  aud  are  paid  by  the  city  treasurer.  §  432. 

The  Board  of  Library  Commissioners  (created  two  years  ago),  Title 
XV,  p.  130.  is  also  given  control  of  the  Museum  and  Art  Gallery.  §  443; 
the  meml)crs  are  to  be  elected  at  the  spring  election,  §  445 ;  it  can  take 
gifts  and  bequests.  §  451;  and  is  given  two-fifths  of  a  mill  tax  per  an- 
mnn,  for  the  support  of  the  library. 


Many  of  the  Miscellaneous  provisions  found  in  the  old  Charier  under 
that  head,  have  been  transferred  to  their  proper  position  in  the  body  of  the 
charter.  Temporary  transfers  from  one  special  fund  to  another  may  be 
made  ))y  a  five-sixth  vote  of  the  Council,  §  461  ;  subd.  10. 

Notice  of  the  place  of  injury  and  the  character  of  the  defect  must  be 
filed  with  the  clerk  within  ten  days  where  damages  are  sought  against  the 
city,  occasioned  by  a  defect  in  a  sidewalk,  etc.  The  Council  or  a  commit- 
tee can  require  clannant  to  produ,cc  his  witnesses  for  examination,  §  463. 

The  committee  have  incorporated  a  general  provision — prepared  by  the 
committee  of  the  Board  of  Trade — inhibiting  city  officers,  etc.,  from  being 
interested  in  any  contract  with  the  city,  §  476. 

The  mayor,  by  and  with  the  approval  of  two-thirds  of  the  Council,  may 
remove  any  member  of  any  appointive  board,  §  477. 

The  term  "pavement"  is  defined.     §  478. 

The  Justice  Court  act  is  made  Title  XVIl.,  p.  139.  The  justices  may, 
on  motion,  set  aside  judgments  and  verdicts,  §  493;  appeals  are  limited, 
§  494;  the  justices  may  make  rules  of  practice  and  may  punish  for  con- 
tempt, i5  497 ;  the  clerk  may  appoint  a  deputy.     §  507. 

The  chief  change  in  the  Police  Court  act.  Title  XVIII.,  14 — relates  to 
the  selection  of  assistant  police  magistrates.  Both  justices  are  made  as- 
sistants and  the  Council  may  "temporarily"  elect  a  police  judge  in  case  of 
vacancy. 

The  dock  line  chapter  is  made  Title  XIX..  and  has  been  rewritten  in 
accordance  with  the  suggestions  of  the  Board  of  Public  Works  and  recent 
developments  along  the  river. 

The  new  system  of  numbering  the  sections  of  the  Charter  consecutively 
will  be  noted.  An  attempt  has  been  made  to  properly  articulate  the  parts 
of  the  Charter.  It  will  be  founcf  that  the  proposed  Charter  is  a  decided  im- 
provement over  the  old  in  the  matter  of  logical  arrangement  of  sections. 

The  committee  does  not  flatter  itself  that  its  work  approximates  per- 
fection. In  fact,  none  can  realize  the  imperfections  of  this  work  more  fully 
than  the  committee.  It  submits  the  results  of  its  labors,  however,  believing 
that  the  proposed  Charter  is  in  most  respects  a  decided  improvement  over 
the  old. 

A  plan  was  presented  by  the  Board  of  Trade  committee  for  selling 
property  upon  which  city  taxes  were  delinquent  under  a  decree  in  chancery 
following  the  practice  in  general  tax  sales.  But  the  proposition  was  not 
rccei\cd  until  after  a  considerable  portion  of  the  Charter  was  in  type,  and 
the  connniltee  was  therefore  unable  to  incorporate  it  in  this  report. 

Elvin  Swarthout, 
Joseph  Renihan, 
Harry  C.  White, 
George  P.  Tilma, 
George  W.  Thompsox, 
Comiuitlcc  on  Charier  Aiiicudwcnts. 
Moses  Taggart,  C'//.v  .Ittorucy. 

April   17,  1905. 


INDEX  TO  TITLES. 


TITLE  PAGE 

I.     Incorporation.     City  and  Ward  Boundaries i 

II.     Election  and  Appointment  of  Officers 5 

III.  Powers  and  Duties  of  the  Council 14 

IV.  Franchises  and  Municipal  Ownership 35 

V.     Powers  and  Duties  of  City  Officers 41 

VI.     Street  and  Public  Improvements 50 

VII.     r>oard  of  Assessors   68 

VIII.     Board  of  Public  Works 81 

IX.     Board  of  Police  and  Fire  Commissioners 94 

X.     Board  of  Health  and  Poor  Commissioners 104 

XI.     Board  of  Park  and  Cemetery  Commissioners 112 

XII.     Board  of  Sinking  Fund  Commissioners 119 

XIII.  Board  of  Estimates 123 

XIV.  Board  of  Education 125 

XV.  Board  of  Library  Commissioners '.  .  130 

XVI.     Miscellaneous    133 

XVII.     Justice  Courts  139 

XVIII.     Police  Court 147 

XIX.     Dock  Lines    154 


A  Bill  to  Revise  the  Charter  of  the 
City  of  Grand  Rapids. 


TITLE  I. 
INCORPORATION— CITY  AND  WARD  BOUNDARIES. 


(JKXEKAL  COKl'ORATK  POWERS. 

(Section  i.)  Paragraph  i.  THE  PEOPLE  OF  THE  STATE 
OF  MICHIGAN  ENACT,  That  the  municipal  corporation  known  as 
"The  City  of  Grand  Rapids,"  shall  be  and  continue  to  be  a  municipal 
corporation  by  the  name  of  "The  City  of  Grand  Rapids,"  and  by  that 
name  may  sue,  implead  and  complain  in  any  court  of  record,  and  in 
any  other  place  whatsoever,  but  it  shall  be  sued,  or  complained  of 
only  in  the  Superior  Court  of  Grand  Rapids;  it  may  have  a  common 
seal  and  alter  such  seal  at  pleasure;  it  may  take,  hold,  use,  occupy, 
possess,  purchase,  lease,  convey,  encumber  and  dispose  of  any  real, 
personal  or  mixed  estate  for  the  use  or  benefit  of  said  municipal  cor- 
poration as  authorized  under  this  act. 

DESCRll'TIOX  OF  TERRITORY. 

(Sec.  2.)  Par.  2.  The  district  of  country  in  the  County  of  Kent 
and  State  of  Michigan  hereinafter  particularly  described,  is  hereby 
constituted  and  declared  to  be  a  city  by  the  name  of  Grand  Rapids, 
and  subject  to  the  municipal  government  of  said  corporation;  said 
district  of  said  country  being  bounded  as  follows,  to  wit:  Beginning 
at  the  northwest  corner  of  section  eighteen,  town  seven  north,  range 
eleven  west;  thence  east  along  the  north  line  of  said  section  one  mile 
to  the  northeast  corner  thereof;  thence  south  along  the  east  line  of 
said  section  eighteen,  one  mile  to  the  southeast  corner  thereof;  thence 
east  along  the  north  line  of  section  twenty,  town  seven  north,  range 
eleven  west,  one-half  mile  to  the  north  quarter  post  of  said  section 
twenty;  thence  south  along  the  north  and  south  quarter  line  of  said 
section  twenty,  to  the  south  line  of  said  section;  thence  east  on  the 
line  between  sections  twenty  and  twenty-nine  of  said  town  seven 
north,  range  eleven  west  one-half  mile  to  the  northeast  corner  of  said 
section  twenty-nine;  thence  south  two  miles  along  the  east  line  of 
said  section  twenty-nine  and  section  thirty-two  of  town  seven  north, 
range  eleven  west  to  the  south  line  of  said  town  seven  north,  range 
eleven  west;  thence  west  along  the  said  south  line  to  the  northeast 
corner  of  section  five,  town  six  north,  range  eleven  west;  thence 
south  along  the  east  line  of  said  section  five,  town  six  north,  range 
eleven  west  one  mile  to  the  southeast  corner  of  said  section;  thence 


\ve§t  along  the  south  line  of  sections  five  and  six  of  town  six  north, 
range  eleven  west,  two  miles  to  the  west  line  of  said  town  six  north, 
range  eleven  west;  thence  south  along  the  east  line  of  section  twelve, 
towai  six  north,  range  twelve  west,  one  mile  to  the  southeast  corner 
of  said  section  twelve;  thence  west  along  the  south  line  of  sections 
twelve  and  eleven,  town  six  north,  range  twelve  west,  one  and  one- 
half  miles  to  the  west  line  of  the  east  half  of  section  eleven,  town 
six  north,  range  twelve  west;  thence  north  along  the  west  line  of  the 
east  half  of  said  section  eleven  one  mile  to  the  south  line  of  section 
two,  town  six  north,  range  twelve  west;  thence  west  along  the  south 
line  of  said  section  two  one-half  mile  to  the  southwest  corner  of 
section  two.  town  six  north,  range  twelve  west;  thence  north  along  the 
west  line  of  section  two,  town  six  north,  range  twelve  west  one  mile 
to  the  south  line  of  section  thirty-five,  town  seven  north,  range 
twelve  west;  thence  west  along  the  south  line  of  sections  thirty-five 
and  thirty-four  produced,  of  town  seven  north,  range  twelve  west 
forty-five  hundredths  miles,  more  or  less  to  the  center  of  Grand 
River;  thence  northeasterh^  along  the  center  of  said  river  to  the  west 
line  of  section  thirty-five  produced  south;  thence  north  on  the  west 
line  produced  south  of  said  section  thirty-five  and  the  west  lines  of 
sections  twenty-six,  twenty-three  and  fourteen  of  town  seven  north, 
range  twelve  west,  to  the  quarter  post  of  said  section  fourteen;  thence 
east  along  the  east  and  west  quarter  line  of  said  section  fourteen 
one-half  mile  to  the  center  of  said  section;  thence  north  along  the 
north  and  south  quarter  lines  of  said  section  fourteen  one-half  mile 
to  the  north  quarter  post  of  said  section;  thence  east  along  the  north 
boundar}'  of  said  section  fourteen  and  section  thirteen,  town  seven 
north,  range  twelve  west,  to  the  northeast  corner  of  said  section  thir- 
teen; thence  north  ten  and  fifty-six  one-hundredths  feet  to  the  place 
of  beginning;  also  so  much  of  Grand  River  as  is  embraced  within  the 
■boundaries  above  described. 

PORTIONS   OF   TOWNSHIPS   EMBRACED. 

(Sec.  3).  Par.  3.  So  much  of  the  townships  of  Grand  Rapids, 
Paris,  Wyoming  and  Walker  in  said  county  of  Kent,  as  are  embraced 
within  the  aforesaid  boundaries,  are  hereby  set  off  from  said  towns 
and  are  reorganized  into  the  said  City  of  Grand  Rapids. 

WARD   BOUNDARIES. 

(Sec.  4..)  Par.  4.  The  said  City  of  Grand  Rapids  shall  be  divided 
into  twelve  wards,  as  follows: 

'■  First.  All  that  part  of  said  city  lying  south  of  the  center  line 
of  Fulton  street  extending  to  the  center  of  Grand  River  and  west  of 
the  center  line  of  South  Division  street  and  east  of  the  center  of 
Grand  River,  and  north  of  the  center  line  of  Fifth  avenue  in  said  citj^ 
and  of  that  line  extended  west  to  the  center  of  Grand  River,  shall 
constitute  the  First  Ward. 

Second.  All  that  part  of  said  city  lying  north  of  the  center  line 
;Of  Fulton  street  and  of  said  center  line  of  Fulton  street  extending  to 
the  center  of  Grand  River  and  east  of  the  center  of  said  river  and 
south  of  the  center  line  of  Lyon  street  and  of  said  line  extended 
;to  the  center  of  said  river  and  extended  east  to  the  city  limits,  as  fixed 
•by  this  act,  shall  constitute  the  Second  Ward. 

Third.  All  that  part  of  the  city  lying  south  of  the  center  line 
of  Fulton  street,  and  of  that  line  extended  east  to  the  city  limits  as 
fixed  by  this  act,  and  east  of  the  center  line  of  South  Division  street. 


and  north  of  the  center  line  of  Wealthy  avenue,  and  of  that  line  ex- 
tended east  to  said  citv  limits,  as  fixed  bv  this  act,  shall  constitute 
the  Third  Ward. 

Fourth.  All  that  part  of  said  city  h'ing  north  of  the  center  line 
of  Lyon  street  and  of  said  line  extended  to  the  center  of  Grand 
River  and  east  to  the  citj'  limits  as  fixed  by  this  act,  and  south  of 
the  center  line  of  Fairbanks  street  and  of  said  line  extended  to  the 
center  of  Grand  River  and  easterly  to  the  said  city  limits,  and  east 
of   the   center   of   Grand    River,    shall   constitute   the    Fourth    Ward. 

Fifth.  All  that  part  of  said  cit3'  lying  north  of  the  center  line 
of  Fairbanks  street  and  of  said  line  extended  to  the  center  of  Grand 
river  and  extended  easter^y  to  the  city  limits  as  fixed  by  this  act,  and 
l3'ing  east  of  the  center  of  Grand  river,  and  extended  north  to  the 
north  boundary  of  said  citv,  as  fixed  by  this  act,  shall  constitute  the 
Fifth  Ward. 

Sixth.  All  that  portion  of  said  city  lying  west  of  the  center  of 
Grand  river  and  north  of  the  center  line  of  Seventh  street,  and  of  said 
line  extended  easterly  to  the  center  of  Grand  river,  and  extended 
westerly  to  the  city  limits,  as  fixed  by  this  act,  and  extending  north 
to  the  city  limits,  as  fixed  by  this  act,  shall  constitute  the  Sixth  Ward. 

Seventh.  All  that  part  of  said  city  lying  west  of  the  center  of 
Grand  river  and  south  of  the  center  line  of  Seventh  street  extended 
easterly  to  the  center  of  Grand  river  and  westerly  to  the  cit}^  limits, 
as  fixed  by  this  act.  and  north  of  the  center  line  of  West  Bridge  street 
and  of  said  last  line  extended  easterly  to  the  center  of  Grand  river 
and  westerly  to  the  city  limits,  as  fixed  by  this  act,  shall  constitute 
the   Seventh  Ward. 

Eighth.  All  that  part  of  the  city  lying  west  of  the  center  of  Grand 
River  and  south  of  the  center  line  of  West  Bridge  street  extended 
easterly  to  the  center  of  Grand  river  and  westerly  to  the  city  limits, 
as  fixed  by  this  act,  and  north  of  the  center  line  of  Shawmut  avenue 
extended  easterly  to  the  center  of  Grand  River  and  westerly  to  the 
city  limits,  as  fixed  b>^  this  act,  shall   constitute  the   Eighth  Ward. 

Ninth.  All  that  part  of  said  city  lying  south  of  the  center  line  of 
Shawmut  avenue  extended  easterly  to  the  center  of  Grand  river  and 
westerly  to  the  cit}^  limits  as  fixed  by  this  act,  and  west  of  the  center 
of  Grand  river  to  the  west  citj'  limits,  as  fixed  by  this  act,  shall  con- 
stitute the  Ninth  Ward. 

Tenth.  All  that  part  of  said  city  lying  south  of  the  center  line 
of  Wealthy  avenue  and  of  that  line  extended  easterly  to  the  city 
limits  as  fixed  by  this  act,  and  east  'of  the  center  line  of  South  Divi- 
sion street,  and  north  of  the  center  line  of  Fifth  avenue  and  of  such 
last  named  line  exended  easterh'  to  the  city  limits,  shall  constitute  the 
Tenth  Ward. 

Eleventh.  All  that  part  of  said  city  lying  south  of  the  center  line 
of  Fifth  avenue  and  of  that  line  extended  easterly  to  the  city  limits, 
as  fixed  by  this  act.  and  east  of  the  center  line  of  South  Division 
street,  and  of  that  line  extended  south  to  the  cit}-  limits  as  fixed  by 
this  act,  shall  constitute  the  Eleventh  Ward. 

Twelfth.  All  that  part  of  the  city  lying  south  of  the  center  line 
of  Fifth  avenue  and  of  that  line  extended  westerly  to  the  center  of 
Grand  river,  and  west  of  the  center  line  of  South  Division  street 
and  of  that  line  extended  south  to  the  city  limits  as  fixed  by  this  act, 
and  east  of  the  center  of  Grand  river,  shall  constitute  the  Twelfth 
Ward. 

3 


KACH    WARD    AN    ELECTION    DISTRICT. 

(Sec.  5.)  Par.  5.  l£ach  Ward  .shall  be  an  election  district  by 
it,se]f,  but  it  shall  be  lawful  for  the  Common  Council  during  the  month 
next  preceding  the  notice  of  a  general  registration  to  divide  the  sev- 
eral wards  of  the  city,  or  any  part  of  them,  into  convenient  election 
precincts  for  the  purpose  of  holding  general  and  special  elections, 
and  in  case  any  ward  or  wards  shall  be  divided,  the  provisions  of  the 
general  laws  of  this  State  and  of  this  act  relating  to  elections  other 
than  in  towns,  shall  be  applicable,  except  as  herein  otherwise  pro- 
vided. 


TITLE  II. 
ELECTION  AND  APPOINTMENT  OF  OFFICERS. 


OFFICERS  OF  CITY   (AND  QCALIFIC  \TIONS  REQUIRED  OF.) 

(Sec.  lo.)  Par.  i.  Tlie  officers  of  said  city  shall  be  a  Mayor, 
City  Attornej',  Treasurer,  Comptroller,  Clerk  and  Marshal  and  two 
Aldermen  from  each  ward.  All  of  the  Aldermen  of  the  city  shall  be 
ex-officio  full  members  of  the  Board  of  Supervisors  of  Kent  County. 
No  person  shall  be  eligible  to  any  of  said  offices  unless  he  shall  be 
an  elector  and  resident  of  said  city,  nor  shall  he  be  eligible  to  any 
office  for  an}'  Ward  unless  he  shall  then  be  an  elector  and  resident  of 
said  ward,  and  when  any  officers  hereinbefore  mentioned  shall  cease 
to  reside  in  said  city  or  ward,  his  office  shall  thereby  become  vacant; 
Provided,  That  it  shall  not  be  competent  for  any  city  officer  to  hold 
two  offices  at  one  time,  the  salary  or  compensation  for  which  is  paid 
by  the  city  government  or  any  department  thereof.  But  this  provi- 
sion shall  not  be  construed  to  prevent  an  Alderman  from  receiving, 
compensation  for  services  on  the  Board  of  Registration  or  the  Board 
of  Inspectors  of  election,  or  compensation  for  services  performed  on 
the  Board  of  Supervisors,  or  for  the  duties  of  a  Supervisor  performed 
by  him,  for  which  he  shall  be  paid  the  same  as  other  Supervisors  and 
in  the  same  manner. 

ELEfTIOXS— TIME,    PLACE    AM>    NOTICE    OF. 

(Sec.  II.)  Par.  2.  An  election  shall  be  held  in  each  ward  annu- 
ally on  the  first  Monda}'  in  April,  at  such  place,  or  places,  if  there 
be  more  than  one  voting  precinct  in  any  ward,  as  the  Common 
Council  shall  appoint,  and  a  notice  thereof  published  at  least  five 
days  previous  to  the  election,  in  two  newspapers  printed  and  circu- 
lated in  said  city  and  by  posting  printed  notices  of  the  holding  of 
said  election  in  at  least  three  of  the  most  public  places  in  each  ward  or 
precinct,   at   least  five   days   previous   to   said   election. 

ALDERMEN— TERM  OF  OFFICE. 

(Sec.  12.)  Par.  3.  There  shall  be  two  Aldermen  elected  in  each 
of  the  wards  of  the  city  bj^  the  electors  in  such  wards.  Such  Alder- 
men shall  be  electors  of  the  wards  wherein  they  shall  be  elected  and 
actual  residents  thereof;  they  shall  be  elected  and  hold  their  res- 
pecti^•e  offices  for  two  years  from  the  first  Monday  in  May  of  the 
year  in  .which  they  are  elected  and  until  their  successors  are  elected 
and  qualified,  and  their  election  shall  occur  at  the  annual  municipal 
elections  held  in  the  city  except  as  hereinafter  provided.  All  city 
officers  and  all  Aldermen  of  the  several  wards  in  office  at  the  time  of 
the  passage  of  this  act  shall  hold  and  continue  therein  until  the 
expiration  of  their  respective  terms  of  office. 


ELECTION  OF  ALDERMEN  AND  CONSTABLES. 

(Sec.  13.)  Par.  4.  At  the  first  annual  municipal  election  after 
the  passage  of  this  act,  there  shall  be  elected  one  Alderman  in  each 
ward  by  the  electors  thereof,  to  hold  their  respective  office  for  the 
term  of  two  years  from  the  first  Monday  in  May  after  their  election 
and  until  their  successors  shall  be  elected  and  qualified.  At  the  sec- 
ond annual  municipal  election  after  the  passage  of  this  act  there  shall 
be  elected  one  alderman  in  each  of  said  wards  to  hold  their  respective 
offices  for  a  period  of  two  years  from  the  first  Monday  in  May  after 
their  election  and  until  their  successors  shall  be  elected  and  qualified; 
and  thereafter  at  each  annual  municipal  election  there  shall  be  elected 
in  each  of  said  wards  an  Alderman  for  a  period  of  two  years  and 
until  their  successors  are  elected  and  qualified.  In  each  ward  the 
Alderman  whose  term  of  office  shall  first  expire  shall  be  designated 
as  the  senior  Alderman  of  the  ward.  The  senior  Alderman  shall 
possess  all  the  powers  and  be  subject  to  all  the  duties  imposed  upon 
individual  Supervisors  by  this  charter  or  the  general  statutes  of  the 
State  of  Michigan  not  otherwise  delegated  or  imposed.  At  said  first 
annual  election  and  annually  thereafter,  there  shall  be  elected  in  each 
ward  one  Constable  who  shall  hold  his  office  for  the  term  of  one 
year  and  until  his  successor  is  elected  and  qualified. 

ELECTION  OF  CITY  OFFICIALS,  ETC.— WHO  ELIGIBLE. 

(Sec.  14.)  Par.  5.  At  the  first  annual  election  after  the  passage 
of  this  act  and  every  two  years  thereafter,  there  shall  be  elected  by 
the  electors  of  the  whole  city,  one  Mayor,  one  City  Attorney,  one 
Clerk  of  the  Superior  Court  and  one  Clerk  of  the  Police  Court,  each 
of  whom  shall  hold  his  office  for  the  term  of  two  years  from  and  in- 
cluding the  first  Monday  of  Alay  thereafter  and  until  his  successor 
is  elected  and  qualified.  At  the  second  annual  election  after  the 
passage  of  this  act  and  every  two  years  thereafter,  there  shall  be 
elected  by  the  electors  of  the  whole  city,  one  Treasurer,  one  Clerk, 
one  Comptroller,  one  Marhsal  and  one  Clerk  of  the  Justice  Courts, 
each  of  whom  shall  hold  his  office  for  the  term  of  two  years  after 
the  first  Monday  of  May  thereafter  and  until  his  successor  is  elected 
and  qualified:  Provided,  That  no  person  shall  be  elected  or  appointed 
to  any  office  created  by  this  act  who  shall,  after  June  6,  IQOI,  have 
become  a  defaulter  to  said  city  or  to  the  State  of  jNIichigan  or  to  any 
county,  city  or  village  therein,  or  who  shall  use  public  funds  under 
his  control  contrary  to  law,  and  any  person  shall  be  considered  a 
defaulter  who  shall  refuse  for  sixty  days  after  demand  made  to 
account  for  and  pay  over  to  the  officer,  board  or  body  authorized 
to  receive  the  same,  any  public  mone)^  which  has  come  into  his  pos- 
session. 

APPOINTMENT  OF  MEMBERS  OF  BO.ARDS  AND  BUILDING  INSPECTOR. 

(Sec.  15.)  Par.  6.  The  ]\Iayor  shall,  on  the  first  Monday  in  May 
after  the  passage  of  this  act,  or  within  a  reasonable  time  thereafter, 
and  on  the  first  Monday  in  May  of  every  succeeding  year,  or  within 
a  reasonable  time  thereafter,  appoint  all  members  of  the  different 
boards  provided  for  in  this  act  in  the  manner  and  for  the  time  here- 
inafter set  forth.  He  may  on  the  first  Monday  in  May,  190S,  or  within 
a  reasonable  time  thereafter,  and  on  the  first  Monday  in  May  in 
every  second  succeeding  year,  or  within  a  reasonable  time  thereafter, 
nominate  a  Building  Inspector,  to  be  confirmed  by  the  Common  Council, 
who  shall  hold  his  office  for  the  term  of  two  years  and  until  his  suc- 
cessor is  appointed  and  has  qualified,  whose  duties  and  powers  shall 
be  prescribed  by  the  Common  Council. 

6 


ELECTION  OF  HIGHWAY  COMMISSIONERS. 

(Sec.  i6.)  Par.  7.  The  Aldermen  elect  of  the  Common  Council 
on  the'  first  Monday  in  May  after  the  passage  of  this  act,  or  within 
a  reasonable  time  thereafter,  and  on  the  first  Monday  in  May  in  every 
second  succeeding  year,  or  within  a  reasonable  time  thereafter,  shall 
elect  three  Highway  Commissioners,  whose  terms  of  office  shall  be 
two  years,  and  until  their  successors  are  elected  and  qualified,  and 
whose  duties  and  salaries  shall  be  prescribed  by  the  Common  Council. 

VACANCIES. 

(Sec.  17.)  Par.  8.  Whenever  a  vacancy  shall  occur  in  any  ap- 
pointive office  under  the  provisions  of  this  act,  or  in  any  office  elec- 
tive by  the  Aldermen  of  the  Common  Council  under  such  provi- 
sions, the  same  shall  be  filled  in  the  manner  hereinafter  provided. 

WHEN   OFFICES  MAY  BE  DEEMED  VACANT,   AND  HOW  FILLED. 

(Sec.  18.)  Par.  9.  An  office  shall  be  deemed  vacant  upon  the 
death  or  resignation  of  the  incumbent  or  upon  such  incumbent 
ceasing  to  possess  the  qualifications  of  an  elector  of  the  ward  or  city, 
or  upon  impeachment  or  removal  from  office,  or  upon  the  failure  of 
an  officer  elected  to  qualify.  The  office  of  Mayor,  City  Attorney,  City 
Treasurer,  Comptroller,  Clerk  and  Marshal  shall  be  deemed  vacant 
wheu'^ver  the  incumbent  thereof  shall  be  impeached  or  removed  as  in 
this  charter  provided,  or  shall  be  absent  from  the  city  for  a  period 
of  sixty  daj's  without  leave  of  the  Common  Council,  or  shall  not 
perform  the  duties  of  his  office  for  a  like  period  without  such  leave. 
The  office  of  Alderman  shall  be  deemed  vacant  whenever  the  incum- 
bent thereof  shall  cease  to  be  a  resident  of  the  ward  in  which  he 
resides,  or  fails  to  attend  three  consecutive  regular  meetings  of  the 
Common  Council,  unless  absent  upon  leave  of  the  Common  Council 
first  obtained,  or  shall  be  removed  from  office;  but  a  change  of  the 
boundaries  of  any  ward  shall  not  be  deemed  a  change  of  residence  of 
any  Alderman  so  as  to  create  or  cause  any  vacancy  in  such  office.  A 
vacancy  in  any  office  caused  by  the  failure  of  any  person  elected  to 
quality  therefor  as  prescribed  in  this  charter,  or  made  consequent 
upon  the  judgment  of  any  court  or  upon  any  failure  to  elect  or  qualify 
in  any  of  the  cases  specified  in  this  charter,  must  be  filled  in  the 
following  manner,   unless  otherwise   specially  provided  in  this   act: 

(a)  In  the  office  of  Alderman,  by  an  election  of  the  Common 
Council  to  continue  until  the  appointee's  successor  shall  be  elected  and 
qualified. 

(b)  In  any  of  the  general  elective  offices  of  the  city,  by  an 
election  by  the  Common  Council  until  the  successor  of  such  officer 
whose  office  has  become  vacant,  shall  have  been  elected  at  the  next 
general  municipal  election  and  qualified. 

(c)  In  all  appointive  offices  by  the  appointment  of  the  Mayor  for 
the  unexpired  term  of  office  which  has  become  vacant,  subject  to  con- 
firmation by  the  council  in  those  cases  where  confirmation  is  required 
of  the  original  appointment. 

RE3IOVAL  FROM  OFFICE. 

(Sec.  19.)  Par.  10.  Any  elective  or  appointive  officer  of  the  city, 
except  Judges  or  Justices  of  the  Peace,  may  be  removed  by  the  Com- 
mon Council  for  official  misconduct,  or  for  unfaithful  or  improper  per- 
formance of  the  duties  of  his  office,  or  because  such  officer  is  ineligible 


to  hold  the  officf  for  which  lie  was  elected  or  appointed.  The  steps 
taken  in  that  behalf  shall  be  entered  in  the  records  of  its  proceed- 
ings: Provided,  That  a  copy  of  the  charges  against  such  officer 
sought  to  be  removed,  and  notice  of  the  time  and  place  of  hearing  the 
same,  shall  be  served  on  him  at  least  ten  days  previous  to  the  time  so 
assigned,  and  opportunity  given  him  to  make  his  defense  thereto.  If 
personal  service  cannot  be  had  upon  such  officer,  a  copy  of  such 
charges  and  notice  aforesaid  shall  be  left  at  his  last  place  of  residence 
vvithin  the  city  with  some  suitable  person  of  proper  age.  An  affirma- 
tive vote  of  two-thirds  of  all  the  Aldermen-elect  shall  be  necessary  to 
remove  such  officer.  Judges  and  Justices  of  the  Peace  of  the  city 
shall  be  removed  for  such  cause  and  in  the  manner  provided  for  by 
the  statutes  of  the  State. 

Ol*KNIN<;   AND  C'M>SIN(;   OF   POLLS. 

(Sec.  20.)  Par.  11.  On  the  day  <»f  municipal  election  held  by  vir- 
tue of  this  act  the  polls  shall  be  open  in  each  of  the  respective  pre- 
cincts of  each  of  the  wards  of  said  city  at  the  several  places  desig- 
nated by  the  Common  Council  at  seven  o'clock  in  the  forenoon,  or 
as  soon  thereafter  as  may  be,  and  shall  be  continued  open  until  five 
o'clock  in  the  afternoon  of  the  same  day  and  no  longer:  Provided, 
That  voting  machines  may  be  used  in  any  ward  or  precinct  if  so 
ordered  by  the  Common  Council,  and  if  used  then  the  polls  therein 
shall  be  kept  open  until  eight  o'clock  in  the  afternoon. 

WHO    AKK    Ql'AI.II-IEl)    TO    VOTK. 

(Sec.  21.)  Par.  12.  All  persons  who  are  electors  under  the  con- 
stitution'of  the  State  of  Michigan,  are  made  electors  under  this  act 
and  qualified  to  vote  at  all  elections  held  by  virtue  thereof,  and  they 
shall  be  subject  to  the  same  challenge  and  required  to  take  the  same 
oath  as  may  be  provided  by  the  laws  of  the  State;  and  for  any  viola- 
tion thereof  shall  be  subject  to  the  same  pains  and  penalties  as  are 
prescribed  by  the  State  law. 

ItO.VUns  OF  ELECTION   INSPECTORS. 

(Sec.  22.)  Par.  13.  The  Aldermen  residing  in  each  ward  of  the 
city  and  as  many  as  necessary  of  the  electors  of  such  ward  as  the 
Common  Council  shall  appoint,  shall  constitute  a  board  or  boards  of 
inspectors  of  election  of  such  ward.  Each  board  of  election  inspectors 
shall  consist  of  four  members:  Provided,  That  in  any  ward  or  pre- 
cinct where  voting  machines  shall  be  used,  not  more  than  three  mem- 
bers shall  be  chosen.  Each  voting  precinct  in  a  ward  shall  have  a 
board  of  inspectors  of  election  therein.  The  Common  Council  shall 
have  power  to  designate  the  number  of  electors  which  shall  consti- 
tute a  voting  precinct,  which  voting  precincts  shall  be  as  nearly  uni- 
form in  numljer  of  electors  as  possible.  No  person  shall  be  a  member 
of  a  board  of  inspectors  of  election  of  the  ward  in  which  he  resides, 
nor  shall  any  candidate  for  election  so  serve;  and  each  member  of  such 
boards  before  entering  upon  its  duties  shall  take  and  subscribe  the 
constitutional  oath  of  office.  The  members  of  each  of  such  boards 
after  the  appointment  of  its  chairman,  shall  appoint  two  competent 
persons,  electors  of  the  ward,  as  clerks  of  election  who  shall  take  the 
prescribed  constitutional  oath  of  office  before  entering  upon  their 
duties,  to  be  administered  by  any  person  authorized  to  administer 
oaths  or  by  the  chairman  of  the  board  of  which  they  are  clerks. 


IJOAKDS  OK   KE(;i8TKATION'. 

(Sec.  23.)  Par.  14.  There  shall  he  a  board  of  registration  for 
each  voting  precinct  in  the  city  consisting  of  two  members,  which  the 
Common  Council  shall  appoint  and  whose  duties  shall  be  such  as  are 
now  provided,  or  as  may  hereafter  be  provided  by  the  statutes  of  the 
State  governing  such  boards  in  cities,  and  each  member  of  such  board 
of  registration,  before  entering  upon  the  duties  of  the  office,  shall  take 
and  subscribe  the  constitutional  oath  of  office. 

WHEN   BO.\UI>S   OF   INSI'KCTOKf^   AND    KE<JISTRATION   T()   BE    APrOINTEl). 

(Sec.  24.)  Par.  15.  All  members  of  the  respective  boards  of  in- 
spectors of  election  and  registration  shall  be  appointed  at  least  six 
days  before  they  enter  upon  their  respective  duties  as  members  of  such 
boards,  excepting  that  vacancies  may  be  filled  by  tiie  Common  Council. 

ELECTION    INJ^PECTOKIS    TO    BE    INSPEt'TOKS    FOK    ST.VTE,    COl'NTV, 
AND    MUNICIF.M.    OFFK'EUS. 

(Sec.  25.)  Par.  16.  Inspectors  of  election,  as  specified  in  the 
preceding  sections,  shall  be  inspectors  of  elections  held  in  the  several 
voting  precincts  of  the  city,  for  the  election  of  state,  county  and 
municipal  officers. 

BOAUD   OF   ELECTION   CO.M.MISSIONEKS. 

(Sec.  26.)  Par.  17.  The  Common  Council  shall  appoint  three 
electors  of  the  city  at  least  ten  days  before  any  municipal  election 
in  said  city,  to  act  as  a  board  of  election  commissioners  of  the  city 
for  the  pur])oses  of  such  election.  Such  board  shall  perform  all  duties 
relative  to  the  preparation  and  printing  of  ballots  required  by  law  of 
the  boards  of  election  commissioners  of  counties,  and  like  duties  and 
privileges  as  are  enjoined  and  granted  by  the  laws  governing  general 
elections. 

BALLOTS,  I'RINTIN*;  AND  CAKE  OF. 

(Sec.  27.)  Par.  18.  The  names  of  candidates  shall  be  given  by 
the  canvassing  board  of  primary  election  in  said  city  to  said  board  not 
less  than  ten  days  before  any  such  municipal  election.  Said  board  shall 
cause  to  be  printed  on  one  ballot  the  names  of  candidates  aforesaid. 
All  candidates  of  any  party  shall  be  placed  in  a  separate  column  under 
the  title  of  such  party,  and  under  the  device  of  such  party,  if  any  such 
device  shall  have  been  furnished  to  said  board  by  the  party  committee. 
The  proof  copy  of  the  ballot  shall  be  open  to  inspection  at  the  office 
of  the  City  Clerk  not  less  than  two  full  secular  days  before  such 
election,  and  it  shall  be  the  duty  of  said  board  to  correct  such  errors  as 
may  be  found  therein  by  such  inspection.  The  ballots  shall  be  of 
uniform  size  and  of  the  same  quality  of  white  paper  and  sufficiently 
thick  that  the  printing  cannot  be  distinguished  from  the  back.  The 
ticket  of  the  party  having  the  greatest  number  of  votes  within  the  city 
at  the  last  preceding  general  election  therein  shall  be  placed  first  on 
the  ballot,  the  position  of  other  tickets  to  be  governed  relatively  by 
the  same  rule.  Said  ballots  when  printed  shall  be  deposited  by  said 
board  with  the  City  Clerk,  who  shall  securely  keep  the  same  where 
they  cannot  be  molested  by  anyone. 


B.\M-OT.S— DELIVKRY    OF— CKKTIFICATE    FOR — COUNTING    AND 
CANVASSING  OF. 

(Sec.  28.)  Par.  19.  It  shall  be  the  duty  of  the  chairman  or  any 
member  of  the  board  of  election  inspectors  of  each  voting  precinct  in 
the  city  to  appear  at  the  office  of  the  City  Clerk,  not  more  than  forty- 
eight  hours  before  the  hour  of  opening  of  the  polls  of  any  such  muni- 
cipal election,  and  the  said  City  Clerk  shall  deliver  to  him  in  a  sealed 
package  the  ballots  and  other  material  provided  for  his  precinct.  The 
necessary  number  of  ballots  shall  be  wrapped  and  tied  in  packages 
and  securely  sealed  with  wax,  and  the  chairman  of  said  board  of  elec- 
tion commissioners,  or  some  member  thereof  authorized  therefor  by 
said  board,  shall  make  and  sign  a  certificate  setting  forth  the  num- 
ber of  ballots  in  each  package,  and  that  such  ballots  were  packed  and 
sealed  by  himself  personally,  and  upon  delivery  of  such  package  and 
certificate  to  said  inspector  of  election,  he  shall  receipt  for  the  same, 
and  such  certificate  shall  be  .returned  and  filed  in  the  office  of  the  City 
Clerk  when  the  return  of  the  number  of  votes  cast  in  such  precinct 
shall  be  made  by  said  inspectors  of  election.  For  the  safe  sealing  of 
such  ballots  said  commissioners  of  election  shall  provide  themselves 
with  a  seal  of  such  design  as  they  may  deem  proper.  Said  packages 
shall  not  be  opened  until  delivered  to  the  boards  of  election  inspectors 
of  the  respective  voting  precincts  to  which  they  were  directed  after 
said  boards  shall  be  fully  organized  and  ready  for  the  reception  of 
votes,  as  in  this  title  provided.  The  method  of  counting  such  votes 
shall  be  in  conformity  with  the  statutes  of  the  State  regulating  the 
counting  of  ballots  at  general  elections,  in  force  at  the  time  of  such 
election.  Municipal  elections  and  all  other  elections  in  the  city  shall 
be  conducted  under  the  provisions  of  the  statutes  of  the  State  in  force 
at  the  time  of  such  election,  inculding  the  return  of  the  ballots  cast 
thereat,  except  as  herein  otherwise  provided.  But  all  ballots  cast  at 
any  municipal  election  shall  be  officially  canvassed  by  the  Common 
Council  sitting  as  a  board  of  canvassers. 

B.4LI.OTS  FOR  BONDING  PROPOSITIONS. 

(Sec.  2g.)  Par.  20.  \\'henever  a  question  of  bonding  the  city,  or 
other,  special  question  i.s  proposed  to  be  voted  upon  by  the  electors 
of  the  city,  the  substance  of  such -"question  shall  be  clearly  indicated 
upon  the  ballot,  and  below  the  same  upon  the  ballot  shall  be  placed 
in  separate  lines  the  words.  "Yes"  and  "No."  The  elector  shall  desig- 
nate his  vote  by  a  cross  (X)  placed  opposite  the  word  "Yes"  or  the 
word  "No." 

IN  fii;lin<j  v.4C.\ncies— tkk.m  of  office  to  be  i>esignated 

ON    B.4LLOT. 

(Sec.  30.)  Par.  21.  Tf  at  an}-  election  to  be  held  in  said  city  there 
shall  be  one  or  more  vacancies  to  be  filled  in  any  office,  and  at  the 
same  time  any  person  is  to  be  elected  for  the  full  term  of  said  office, 
the  term  for  which  each  person  is  voted  for  for  the  said  office  shall 
be  designated  on  the  ballot. 

COl  NTIN<;  OF  B.4LLOTS  BY  INSPECTORS — ST.\TEMENT  OF  VOTES. 

(Sec.  31.)  Par.  22.  Immediately  after  the  closing  of  the  polls  the 
inspectors  of  election  shall  forthwith,  without  adjournment,  publicly 
canvass  the  votes  received  by  them  and  declare  the  result,  and  shall 
on  the  same  or  ne.xt  day  make  a  certificate  stating  the  number  of 
votes  cast  for  each  person   for  each  office,   and   shall  file   such   state- 

10 


ment  and  certificate  on  the  day  of  election,  or  on  tlie  next  daj'  with  the 
Clerk  of  the  city. 

DUTIES   OF  INSl'KCTOKS   OF  ELECTION. 

(Sec.  32.)  Par.  23.  It  shall  be  the  duty  of  the  inspectors  of  elec- 
tion on  receiving  the  ballot  of  an  elector  to  cause  the  same,  without 
being  opened  or  inspected,  to  be  deposited  in  its  proper  box  provided 
bj'  the  Common  Council  for  that  purpose.  The  board  of  inspectors 
of  election  shall  cause  the  name  of  each  elector  voting  at  any  such 
election  to  be  written  down  on  poll  lists  to  be  kept  by  the  clerks  of 
election  under  the  supervision  of  said  board.  The  votes  cast  at  such 
election  shall  be  canvassed  in  the  same  manner  as  provided  by  the 
general  laws  of  the  State  in  force  at  the  time  such  election  shall  be 
held. 

WHO  I)EE3IE1)  EI.ECTEO. 

(Sec.  ,i3.)  Par.  24.  The  person  having  the  greatest  number  of 
votes  for  any  office  in  said  city  or  ward  shall  be  deemed  to  have  been 
duly  elected  to  such  office,  and  if  any  officer  shall  not  have  been  chosen 
by  reason  of  two  or  more  candidates  having  received  an  equal  number 
of  votes,  the  Common  Council  shall  by  ballot  elect  such  officer  from 
the  candidates. 

CANVASS  OF  VOTES  BV  COUNCIL— COM.MENCE3IENT  OF  TER:>IS  OF  OFFICE. 

(Sec.  34.)  Par.  25.  The  Common  Council  shall  convene  on  the 
Thursday  next  succeeding  sucli  election  at  ^even-thirty  o'clock  -P.  M. 
at  their  usual  place  of  meeting,  and  ihe  statement  of  votes  filed  with 
the  Clerk  of  the  city  by  the  inspectors  of  election  shall  be  produced 
b}'  such  Clerk,  and  the  Common  Council  shall  forthwith  determine 
and  certify  in  the  manner  provided  by  law  what  persons  are  duly 
elected  at  said  election  to  the  several  offices,  respectively.  .Such  cer- 
tificates shall,  be  made  in  duplicate,  one  of  which  shall  be  filed  with 
the  Clerk  of  the  citj'  and  the  other  with  the  Clerk  of  the  County  of 
Kent.  All  officers  of  the  city,  elected  or  appointed,  shall  enter  upon 
the  duties  of  their  respective  offices  on  the  first  Monday  in  May  next 
following  such  election,  unless  otherwise  provided. 

NOTIFICATION   OF   OFFICERS   ELECTEO— O-Vfll   OF   OFFICE. 

(Sec.  35.)  Par.  26.  It  shall  be  the  duty  of  the  Clerk  of  said  city 
as  soon  as  practicable,  and  within  five  days  after  the  meeting  of  the 
Common  Council  as  provided  for  in  the  preceding  section,  to  notify 
the  officers  respectively  of  their  election:  and  the  said  officers  so 
elected  and  notified  as  aforesaid,  shall  within  ten  days  after  the  date 
of  such  notice  take  the  constitutional  oath  of  office,  and  file  the  same 
with  the  Clerk  of  the  city,  together  with  any  bond  which  they  may 
be  recjuired  by  law  to  execute  and  file  as  such  officers. 

SPECIAL  ELECTIONS. 

(Sec.  36.)  Par.  27.  Whenever  a  special  election  is  to  be  held,  the 
Common  Council  shall  cause  to  be  delivered  to  the  inspectors  of  elec- 
tion in  the  wards  or  precincts  in  which  such  officers  are  chosen,  a 
notice  signed  b^'  them  specifying  the  officer  to  be  chosen,  and  the  day 
and  place  at  which  such  election  is  to  be  held.  All  the  proceedings  at 
such  election  shall  be  the  same  as  at  the  general  municipal  elections. 


ACtKl'TANCK   OF   OFl'IC'K. 

(Sec.  ^7.)  Par.  28.  livery  person  elected  or  appointed  to  a  city 
office,  and  every  person  appointed  or  nominated  by  the  Mayor,  and 
confirmed  by  the  Aldermen  elect  of  the  Common  Council,  and  every 
person  elected  by  the  Aldermen  elect,  before  entering  upon  the  duties 
of  his  office,  and  within  five  days  after  being  notified  of  his  appoint- 
ment or  election,  shall  cause  to  be  filed  in  the  office  of  the  City  Clerk, 
a  notice  in  writing,  signifying  his  acceptance  of  such  office. 

IN   CASK   At'CKI'TANCK,   0.\TH,   KTC,   AKK   NOT    IILKO. 

(Sec.  38).  Par.  29.  If  any  person  elected  or  appointed  under  this 
act  shall  not  take  and  subscribe  the  oath  of  office  required  therein,  and 
file  the  same  as  directed,  or  shall  not  cause  a  notice  of  acceptance 
to  be  filed  as  therein  directed,  and  if  required,  shall  fail  to  execute  and 
file  an  official  bond  as  therein  required,  the  same  shall  be  deemed  to 
be  a  refusal  to  ser\e,  unless  before  any  steps  are  taken  to  fill  any 
such  offi.ce  by  another  mcumbent.  such  oath  of  office  and  acceptance 
are  filed  and  such  bond  executed  and  filed  as  may  be  required. 

CITY  CLKKK  TO  NOTIFY  COI'NCIL  OF  FILING  OF  OK  FAILURE  TO  FILK 
ACCEI'TANCK,    OATH,    ETC. 

(Sec.  39.)  Par.  30.  At  the  expiration  of  twenty  days  after  the 
election  or  appointment  of^  any  officer  in  said  city,  the  City  Clerk  shall 
deliver  to  the  Common  Louncil  a  list  of  all  the  persons  elected  or 
appointed  to  office,  and  of  the  offices  to  which  they  are  chosen,  speci- 
fying sui.  h  as  have  filed  with  him  the  oath  of  office  or  notice  of  accept- 
ance required  by  this  act,  together  with  the  bond,  if  any  such  bond  is 
required  by  this  act,  and  also  those  who  shall  have  omitted  to  file  the 
same   within   the  time  prescribed  herein. 

KESKiN.ATIONS    OF    OFFICEUiS. 

(Sec.  40.)  Par.  31.  Resignations  of  any  officer  elected  by  the 
Common  Council,  or  at  a  municipal  election,  shall  be  made  to  the 
Council  and  subject  to  its  approval  and  acceptance;  resignations  of 
officers  appointed  by  the  Mayor  with  or  withdiit  confirmation  by  the 
Council,  shall  be  made  to  him  and  when  accepted  by  him,  shall  be 
filed  with   the  City   Clerk. 

RESIDENCE  OF   VOTER?*. 

(Sec.  41.)  Par.  ^,2.  At  all  elections  every  voter  shall  vote  in  the 
ward  or  precinct  wherein  he  shall  have  resided  twenty  days  next  pre- 
ceding the  day  of  election  at  which  he  casts  his  vote.  The  residence 
of  an  elector  under  this  act  shall  be  the  ward  and  precinct  where  he 
boards  or  takes  his  regular  meals. 

VACANCY  ON   HOARD  OF  ELECTION  INSPECTORS. 

(Sec.  42).  Par.  ?,t,.  \\  any  election  held  under  this  act,  if,  from 
any  cause,  any  of  the  inspectors  of  election  shall  fail  to  attend  at  any 
such  election  at  the  appointed  time  and  place,  his  or  their  places  may 
be  supplied  for  the  time  being  by  the  electors  present  who  shall  elect 
inspectors  from  their  number  viva  voce,  who,  when  so  elected,  shall 
take   the  oath  prescribed  for  inspectors. 


PAY    lOK   KK<nsTIJATI<>N   ANO  KLKCTIOX   BOARDS— KI.KCTION   KXPKXSES. 

(Sec.  43.)  Par.  ,34.  Tlie  several  members  of  the  boards  of  regis- 
tration of  said  city  and  of  inspectors  of  election  therein  shall  receive 
for  their  services  in  that  regard  the  snm  of  three  dollars  per  day.  For 
snch  work  eight  hours  shall  constitute  a  day's  work.  The  expenses 
of  any  election  to  be  held  as  provided  in  this  act-  shall  be  city  charges 
and  defrayed  in  the  same  manner  as  other  contingent  expenses  of 
t!ie  city. 

01  I  ICKKS  TO  HOI.n  OVKK  IX  CASK  OF  SK  (KSSOK   1  AII.IXC;  TO  Ql'.AiaFY. 
TKKM    OK  Ol-FU'E   I'OK   I'EKSOX    FII>LIX(J    VAC.AXCV. 

(Sec.  44.)  Par.  35.^  Any  person  elected  or  appointed  to  any  office, 
at  the  expiration  of  the  term  thereof,  shall  continue  to  hold  the 
same  until  his  successor  shall  be  elected  or  appointed  and  qualified; 
and  when  a  person  is  elected  at  a  regular  or  special  election  to  fill  a 
vacancy  in  any  elective  office,  he  shall  hold  the  same  only  during  the 
unexpired  portion  of  the  term  of  said  office  and  until  his  successor 
shall  be  elected  and  qualified. 

KE<;iSTK.4TIOX. 

(Sec.  45.)  Par.  36.  There  shall  be  a  general  re-registration  of 
the  electors  of  the  City  of  Grand  Rapids  in  the  year  nineteen  hundred 
and  eight,  in  time  for  the  general  fall  election  of  that  year.  There  shall 
also  be  a  general  re-registration  of  the  electors  of  said  city  every 
four  years  thereafter.  The  re-registration  provided  for  in  this  section 
shall  be  conducted  in  accordance  with  the  provisions  of  the  registra- 
tion laws  of  the  State  in  force  at  the  time  that  such  re-registration 
shall   take  place. 

n.ATE   OF  MUXICIPAE   ELECTIONS. 

(Sec.  46.)  Par.  2i7-  The  first  regular  municipal  election  held  in 
the  city  after  the  passage  of  this  act  shall  be  on  the  first  Monday  of 
.\pri],  nineteen  hundred  and  six,  and  the  same  shall  be  held  in  the 
manner  provided  for  by  this  act.  A  municipal  election  shall  be  held 
in  .said  city  on  the  first  Monday  of  April  in  every  year  thereafter. 


TITLE  TIL 
POWERS  AND  DUTIES  OF  THE  COMMON  COUNCIL. 


MEETING    OF    COUNCIL — HOW    ANIJ    WHEN    SPECIAL    MEETINGS    MAY    BE 
CALLED. 

(Sec.  51).  Par.  i.  The  Mayor  and  Aldermen  of  said  city  shall 
constitute  the  Common  Council;  they  shall  meet  at  such  times  and 
places  as  they  shall  from  time  to  time  appoint,  and  on  special  occa- 
sions, whenever  the  Mayor  or  person  officiating  as  Mayor  (in  case  of 
vacancy  in  the  office  of  Mayor  or  of  his  absence  from  the  city  or  in- 
ability to  officiate),  shall  by  written  notice  appoint,  which  said  notice 
shall  be  served  on  the  members  of  said  Common  Council  by  the  Mar- 
shal of  said  city  personally,  or  bj'  leaving  the  same  at  the  residence 
of  said  members  at  least  eight  hours  before  the  hour  of  said  meeting, 
which  said  notice  shall  specify  the  day,  hour  and  place  of  meeting: 
Provided,'  That  any  ten  members  of  the  Common  Council  may  call  a 
special  meeting  thereof  by  filing  a  written  request  signed  by  them  with 
the  City  Clerk,  notice  thereof  to  be  given  in  the  manner  above  pre- 
scribed. 

PRESIDENT  OF  COUNCIL. 

(Sec.  5-2.)  Par.  2.  The  Ciimmon  Conitcil  shall  on  the  first  Mon- 
day in  May  in  each  year,  or  within  ten  days  thereafter,  elect  by.balloj;/ 
one  of  their  number,  who  shall  be  known  as  president  of  the  council, 
and  who  shall  have  the  same  powers  and  discharge  the  duties  of  the 
Mayor,  in  the  absence  from  the  city,  inability,  death,  resignation  or 
removal  of  the  Mayor.  The  Mayor,  when  present,  shall  preside  at  the 
meetings  pf  the  Common  Council,  and  in  his  absence  the  president  of 
the  Council  shall  preside,  but  if  both  the  Mayor  and  president  of  the 
Co^uncil  be  absent,  then  the  Cemnion  Council  shall  appoint  one  of 
their  number  to  preside. 

ACTIONS    OF    COUNCIL— WHEN    TO    TAKE    EFFECT— MAYOR'S    VETO- 
CLERK'S  DUTIES  RESPECTING  SAME. 

(Sec.  53.)  Par.  3.  No  ordinance,  vote,  motion  or  resolution 
passed  by  the  Common  Council  shall  have  any  force  or  effect  if  within 
twenty-four  hours  after  its  passage  the  Mayor,  or  other  officer  legally 
discharging  the  duties  of  Mayor,  shall  file  in  the  office  of  the  City 
Clerk,  his  reasons  in  writing  why  the  same  should  not  go  into  effect, 
and  the  same  shall  not  go  into  effect  or  have  any  legal  operation  unless 
it  shall  at  a  subsequent  meeting  of  the  Common  Council  within  30 
days  after  the  filing  of  such  reasons  for  disapproval  be  passed  by  the 
affirmative  vote  of  two-thirds  of  the  Aldermen-elect  of  said  city,  and 
if  so  repassed  the  same  shall  go  into  effect  according  to  the  terms 
thereof;  and  no  ordinance,  vote,  motion  or  resolution  of  the  Common 
Council  shall  go  into  operation  until  the  expiration  of  twenty- 
four  hours  after  its  passage,  unless  the  Mayor,  or  other  officer  legally 
discharging  the  duties  of  Mayor,  shall  sooner  announce  his  approval, 
in  writing,  to  be  filed  with  the  City  Clerk. 


When  an  ordinance  appropriating  money  contains  several  items, 
and  when  an  ordinance  embraces  more  than  one  distinct  subject,  the 
Mayor  may  approve  the  provisions  relating  to  one  or  more  items  or 
one  or  more  subjects,  and  disapprove  the  others.  In  such  cases  those 
items  or  subjects  which  lie  shall  approve,  shall  become  operative, 
and  those  wdiich  he  shall  not  approve  shall  be  reconsidered  by  the 
Common  Council  and  shall  only  become  operative  if  again  passed  by 
it  as  above  provided. 

Whenever  the  ]\Iayor.  or  other  officer  so  acting,  shall  as  in  this 
section  provided,  file  in  the  office  of  the  City  Clerk  his  written  reasons 
why  any  ordinance,  vote,  motion  or  resolution  passed  by  the  Common 
Council  should  not  go  into  effect,  the  City  Clerk  shall  endorse  thereon 
a  memorandum  of  the  day  and  hour  of  the  receipt  thereof.  Such 
written  reasons  shall  be  printed  and  published  in  the  next  issue  of  an 
official  newspaper  of  said  city,  and  shall  be  a  public  record  open  at  all 
times  to  public  inspection.  It  shall  be  the  duty  of  the  Citj-  Clerk  to 
communicate  to  the  Common  Council  at  its  next  meeting  any  paper 
that  may  be  filed  with  him  pursuant  to  the  preceding  section. 

WHO  ENTITI^ED  TO  VOTE. 

(Sec.  54.)  Par.  4.  In  the  proceedings  of  the  Common  Council  each 
member  present  shall  have  one  vote,  except  the  ]\Iayor.  who  shall  only 
have  a  casting  vote  when  the  votes  of  the  other  members  are  equally 
divided,  but  the  president  of  the  council  shall  vote  only  as  a  member 
of  said  council,  and  shall  not  have  a  casting  vote. 

CT.EKK'S   MINUTES   OF   COUXCIT.. 

(Sec.  55.)  Par.  5.  The  sittings  of  the  Common  Council  shall  be 
public.  The  minutes  of  the  proceedings  shall  be  kept  by  the  Clerk 
and  the  same  shall  be  open  at  -all  times  to  public  inspection. 

WHICH   RESOLUTIONS,    ETC.,    TO   BE   ENTERED    AT    I..\RGE    IN   ailNUTES. 

(Sec.  56.)  Par.  6.  Whenever  required  by  two  members  of  the 
Common  Council  the  votes  of  all  the  members  present  in  relation  to 
any  act,  proceeding  or  proposition  had  at  any  meeting  thereof  shall 
be  entered  at  large  on  the  minutes.  And  such  votes  shall  be  entered 
in  relation  to  the  adoption  of  any  resolution  or  ordinance,  report  of  any 
committee,  or  other  act  for  taxing  or  assessing  the  citizens  of  said 
city,  or  involving  the  appropriation  or  expenditure  of  public  moneys. 

QUORITM   OF  COUNCII.— RESTRICTION   AS   TO   VOTING   ON   FRANCHISE 
GRANTS,  ETC. 

(Sec.^  57.)  Par.  7.  A  majority  of  the  Common  Council  shall  be  a 
quorum  for  the  transaction  of  business,  and  no  tax  or  assessment  shall 
be  ordered,  or  any  vote  taken  or  resolution  passed,  the  carrying  out 
of  which  involves  the  expenditure  of  money,  the  ordering  of  a  tax 
or  assessment,  except  by  an  affirmative  vote  of  a  majority  of  all  the 
members  elect  of  the  Common  Council  as  decided  by  a  yea  and  nay 
vote.  The  final  passage  of  any  ordinance  imposing  a  penalty  or  the 
granting  of  a  license  shall  require  the  affirmative  vote  of  a  majority 
of  all  the  Aldermen-elect  of  the  Common  Council  as  decided  by  a  yea 
and  nay  vote. 

Provided,  That  no  ordinance,  or  franchise  grant,  whether  an  ori- 
ginal grant,  extension  or  amendment  thereto,  and  no  contract  involv- 
ing the  expenditure  of  more  than  ten  thousand  dollars,  except  con- 
tracts for  street  improvements,  shall  go  into  efifect  for  thirty  days  after 

15 


its  passage  bj'  the  Common  Council  and  approval  by  the  Mayor  or 
re-passag-e  over  his  veto,  and  if  within  that  period  electors  to  the 
number  of  fifteen  per  cent,  of  the  votes  cast  at  the  last  preceding 
regular  city  election  petition  for  the  submission  of  such  ordinance, 
franchise  grant  or  contract  to  the  vote  of  the  people,  then  such  pro- 
posed measure  shall  not  go  into  effect  unless  submitted  to  the  popular 
vote  at  a  regular  or  special  election  and  approved  by  a  majority  of 
the  electors  voting  thereon. 

CONTRACTS— ME.^IBEKS   OF   COlNCII>    NOT   TO    BE    INTERESTED   IN. 

(Sec.  58.)  Par.  8.  No  member  of  the  Common  Council  shall  be 
directly  or  indirectly  interested  in  any  contract  as  principal,  surety  or 
otherwise,  or  sale  or  purchase,  the  expense  or  consideration  whereof 
is  to  be  paid  under  any  resolution  or  ordinance  of  the  Common  Council 
or  under  any  of  the  provisions  of  this  act.  This  section  shall  not 
preclude  members  of  the  Common  Council  from  holding  officer  not 
inconsistent  with  the  provisions  of  this  act. 

POWERS   OF  THE   COMMON   COUNCIL. 

<;()\KRNMi:XT.\L   .\N1)  LKGISL.\'n\'l-:   I'OWKRS. 

(Sec.  59.)  Par.  9.  The  Common  Council  shall  have  and  exer- 
cise exclusively  all  legislative  powers  and  authority  of  the  city  of 
Grand  Rapids,  and  no  legislative  powers  or  authority  express  or  im- 
plied shall  be  exercised  by  any  other  person  or  persons,  board  or 
boards,  other  than  the  Common  Council,  and  all  legislative  powers 
conferred  upon  the  city  by  this  charter  and  the  constitution  and  laws 
of  the  State  of  Alichigan  shall  be  exercised  by  the  Common  Council: 
Provided,  That  this  act  shall  not  interfere  with  the  exercise  of  the 
powers  and  duties  conferred  upon  the  Board  of  Education  of  the  City 
of  Grand  Rapids. 

SIB.JECTS    FOB    LEGISLATION. 

(i)  Subject  to  the  limitations  and  provisions  in  this  charter  con- 
tained the  Common  Council  may  make,  continue,  establish,  modify, 
amend  and  repeal  such  ordinances,  by-laws  and  regulations  as  it  deems 
desirable,  with  proper  penalties,  within  the  said-  city,  and  shall  have 
power  to  legislate  for  the  following  purposes: 

OFFICERS— DUTIES    OF— BONDS,    ETC. — COMMON    COUNCIL    TO    BE    JUDGE 
OF  OWN    MEMBERS,   ETC. 

(2)  To  prescribe  the  duties  of  all  officers  appointed  or  elected  by 
it,  their  compensation,  the  penalty  or  penalties  for  failing  to  perform 
such  duties,  the  bonds  and  sureties  to  be  given  by  the  officers  of  said 
city  for  the  discharge  of  their  duties  and  the  time  for  executing  the 
same  in  cases  not  otherwise  provided  for  by  law. 

The  Common  Council  shall  be  the  judge  of  the  election  and  quali- 
fication of  its  own  members  and  to  decide  upon  and  determine  con- 
tested elections  of  members  thereof;  to  compel  the  attendance  of 
absent  members;  to  determine  the  rules  of  its  proceedings  and  to  pass 
all  by-laws  and  rules  necessary  and  convenient  for  the  transaction  of 
business,  not  inconsistent  with  the  provisions  of  this  act. 

OFFICERS,    ELECTION   OF,   ETC. 

(3)  To  provide  for  and  regulate  the  election  and  appointment  of 
all  officers  and  for  their  removal  from  office,  and  the  filling  of  vacan- 
cies. 

16 


FEES,   ETC. 

(4)  To  authorize  and  regulate  the  demand  and  receipt  by  officers 
of  fees  and  costs  in  such  cases  as  the  Common  Council  may  deem 
desirable. 

APl'ROrRIATE   MOXEY,   ETC. 

(5)  To  appropriate  money  and  provide  for  the  payment  of  the 
debt  and  expenses  of  said  city,  and  make  regulations  concerning  the 
same. 

PKIXTIXG   AND   PUBI^ISHING. 

(6)  To  provide  for  printing  and  publishing  all  matters  required 
to  be  printed  and  published  under  the  provisions  of  this  act  or  by  order 
of  the  Common  Council  in  such  manner  as  said  Council  may  pre- 
scribe. 

r.\RKS  AXD  PUBWC  BUILDINGS. 

(7)  To  provide  for  public  parks,  public  grounds  and  squares,  and 
the  improvement  of  the  same.  To  erect  and  maintain  all  needful  build- 
ings and  offices  for  the  use  of  the  corporation  or  of  its  officers,  in- 
cluding building  or  buildings  for  police  purposes,  public  baths,  assem-, 
bly  or  concert  halls  and  the  like,  and  control  and  regulate  the  same. 

PIRCHASE  AND  SALE  OF  REAL,  ESTATE,  ETC.— >L4INTENANCE  OF  JAILS, 
WORK  HOUSES,  ETC. 

(8)  The  Common  Council  shall  have  power  by  vote  of  two-thirds 
of  all  the  Aldermen  elect  to  purchase  and  sell  real  estate  for  the  use 
of  the  city.  It  shall  also  have  power  to  purchase,  hold  and  use  suit- 
able grounds  within  or  without  the  corporate  liinits  of  the  city  and 
maintain  thereon  suitable  jails,  penitentiaries,  houses  of  correction, 
work  houses  for  the  confinement  of  ofifenders,  alms  houses  and  homes 
for  orphans  or  destitute  children,  and  may  provide  for  the  government 
of  the  same  and  all  persons  confined  therein. 

CONTR.ACTS— TERM  OF. 

(9)  To  provide  for  entering  into  contracts  by  the  city  for  a 
period  of  not  exceeding  three  years  including  contracts  for  depositing 
city  funds,  except  as  in  this  charter  otherwise  provided. 

FIN.\NCE   AND   REX'ENUE   POWER.S. 
T.\X  FOR  SEWERS. 

(10)  To  assess,  levy  and  collect  an  annual  assessment  or  tax  upon 
the  real  and  personal  property  of  the  city  for  the  purposes  of  cleans- 
ing and 'keeping  in  repair  the  public  sewers  of  said  city. 

LEA-Y  AXD   COLLECTION   OF  TAXES. 

(11)  To  assess,  levj^  and  collect  taxes  for  the  purposes  of  the 
corporation  upon  all  property  made  taxable  by  law  for  state  or  city 
purposes,  which  taxes  shall  be  a  lien  upon  the  property  taxed  until 
paid,  and  provide  means  for  carrying  into  effect  the  powers  herein 
conferred;  to  make  regulations  for  the  assessing,  levying  and  collect- 
ing of  such  taxes  subject  to  the  State  law^  and  to  sell  the  property 
taxed  to  pay  the  taxes  thereon. 

17 


powKRS  kp:lati\"k  to  public  health,  welfare  and  safety. 

ABATEMENT  OF  NUISANCES. 

(12)  To  abate  or  remove  all  nuisances  of  every  kind  and  compel 
the  abatement  and  removal  of  the  same;  to  order  and  compel  the 
owner  or  occupant  of  any  grocery,  tallow  chandler's  shop,  butcher's 
stall  or  shop,  soap  factory,  tannery,  stable,  barn,  stall,,  business  of  hides 
and  pelts,  livery  stable,  privy,  water  closet,  hog  pen,  sewer  or  other 
nauseous  or  unwholesome  house  or  place,  to  cleanse,  remove  or  abate 
the  same  from  time  to  time,  and  as  often  as  the  Common  Council  may 
deem  necessary.  To  direct  the  location  of  all  slaughter  houses,  ren- 
dering places,  markets  and  market  places,  business  of  hides  and  pelts 
and  livery  stables.  To  prohibit  any  person  from  bringing  or  deposit- 
ing any  dead  carcass  or  other  unwholesome  or  nauseous  substance 
within  the  limits  of  the  city.  If  any  person  or  persons  shall  have  on 
any  premises  owned  or  occupied  by  him,  her  or  it,  within  such  limits, 
any  such  substances,  or  any  putrid  meat,*  fish,  hides  or  skins  of  any 
kind  which  are  unwholesome,  nauseous  or  offensive,  the  Common 
Council  may  order  or  compel  the  removal  thereof,  and  in  case  of  the 
neglect  or  refusal  of  the  owner  or  occupant  of  such  premises  to  re- 
move and  abate  the  same,  to  direct  the  removal,  abatement  or  de- 
struction thereof  by  some  proper  officer  of  the  city.  The  expense  of 
, abating  any  such  nuisance  shall  be  a  lien  upon  the  land  upon  which 
it  existed,  and  the  amount  of  the  same  shall  be  placed  in  the  nuisance 
roll  hereinafter  provided.  Nothing  in  this  act  contained  shall  be  con- 
strued to  limit  the  powers  of  the  city  as  set  forth  in  act  No.  120  of 
the  Public  Acts  of  1903. 

PUBMC   HEAiTH— BIRTHS,  DEATHS,  ETC.— SMOKE  AND   DUST  NUISANCE. 

(13)  To  provide  for  the  preservation  of  the  general  health  of  the 
inhabitants  of  said  city,  make  regulations  to  secure  the  same,  prevent 
the  introduction  or  spreading  of  contagious  or  infectious  diseases,  and 
to  prevent  and  suppress  diseases  generally.  To  regulate  the  burial 
cremation  or  transportation  of  the  dead  and  compel  the  return  of 
births  and  deaths  to  be  made  to  its  board  of  health,  and  the  return  of 
all  burial  permits  to  such  board,  and  provide  for  a  complete  record  of 
births  and  deaths  and  interments,  to  be  kept  in  the  office  of  its  Board 
of  Health,  and  in  each  and  every  other  particular  to  compel  compli- 
ance with  the  laws  of  the  State  of  Alichigan  in  this  regard  and  to  com- 
pel the  abatement  of  smoke  and  dust. 

CONSTRUCTION  OF  SEWERS,  BRIDGES,  ETC.,  IN  PUBLIC  STREETS— REGU- 
LATION OF  S.^NITARY  CONDITION  OF  PRIVATE   PREMISES  AND 
EXPENSE  OF  SA>IE. 

(14)  To  establish,  construct,  maintain,  repair,  enlarge  and  dis- 
continue within  the  highways,  streets,  avenues,  lanes,  alleys  and  public 
places  in  said  city  such  bridges,  culverts,  sewers,  drain  and  lateral 
drains  and  sewcs  as  the  Common  Council  may  decide  to  be  neces- 
sary. To  compel  the  owners  and  occupants  of  all  lots,  premises  and 
subdivisions  thereof  within  said  city  to  construct  private  drains  and 
sewers  therefrom  to  connect  with  some  public  sewer  or  drain.  To 
regulate  house  draining  and  ventilation:  to  direct  and  regulate  the  lo- 
cation, construction  and  alteration  of  all  cellars,  slips,  barns,  private 
drains,  cess-pools,  sinks,  privies  and  water  closets;  to  compel  all 
owners  or  occupants  of  houses  or  premises  to  drain,  cleanse,  alter, 
relay  or  repair  sinks,  privies  and  water  closets,  and  to  compel  owners 
or  occupants  of  houses  or  premises  having  water  closets  attached 
thereto  to  use  water  from  the  mains  of  the  city  to  properl}'  cleanse 

18 


tlie  same,  and  to  compel  the  owners  or  occupants  of  houses  or  pre- 
mises to  repair  or  renew  all  defective,  broken  or  worn  out  plumbing, 
and  to  provide  sufficient  and  proper  ventilation  and  plumbing  in  and 
around  their  buildings  and  premises,  or  cause  the  same  to  be  done  by 
some  proper  person  designated  in  the  ordinance  governing  the  same, 
and  if  done  by  the  city,  to  assess  the  expense  thereof  on  the  lot,  build- 
ing or"  premises  having  such  cellar,  slip,  barn,  private  drain,  cess'pool, 
sink,  privy  or  water  closet  thereon,  or  having  the  repairs,  renewals 
or  insufficiencies  in  the  drainage,  ventilation  or  plumbing  made  in  the 
building  or  on  the  lot  or  premises,  which  assessment  shall  be  a  lien 
on  the  said  lot,  building  and  premises  and  appurtenances  thereto  until 
paid,  the  same  to  be  collected  in  the  manner  and  in  accordance  with 
the  provisions  of  title  VI.  of  this  act  for  the  assessment  of  the  ex- 
pense of  constructing  and  repairing  sidewalks;  to  direct  and  regulate 
the  construction  of  lateral  sewers  or  drains  for  the  purpose  of  drain- 
ing all  lots,  cellars,  yards,  low  grounds  and  sinks  within  the  city  when- 
ever necessary:  Provided,  That  if  such  lateral  sewer  or  drain  be  laid 
or  constructed  through  any  of  the  streets,  lanes,  alleys,  courts,  avenues, 
public  grounds  or  public  places,  adjoining  or  in  front  of  the  premises 
through  which  such  sewer  or  drain  shall  be  ordered  constructed,  the 
expense  thereof  shall  be  assessed  on  such  lots  and  premises  benefited 
thereby,  which  assessment  shall  be  a  lien  upon  such  lots  and  pre- 
mises until  paid,  and  shall  be  collecfed  in  the  same  manner  as  like 
assessments  imposed  by  authority  of  ihe  Common  Council  are  col- 
lected. 

(;0\'F.RXMENTAL  AND  POLICE  POWERS. 
PUBLIC  PEACE — DISORDERLY  HOUSES — SALE  OF  LIQUORS,  RESTRICTION 

AS  TO  LOCATION,  POOL  AND  BILLIARDS. 

(15)  To  prevent  vice  and  immorality,  to  preserve  public  peace 
and  good  order;  to  prevent  and  quell  riots,  disturbances,  disorderly 
assemblages  and  gaming  houses;  to  destroy  all  instruments  and  de- 
vices used  for  gaming-  to  prohibit  all  fraudulent  devices  used  in  gam- 
ing and  to  regulate  or  restr&in  billiard  tables  and  bowling  alleys;  to 
restrain,  license  and  regulate  saloons  or  other  places  where  intoxicat- " 
ing  liquors  or  malt,  brewed  or  fermented  liquors  are  sold,  or  to  be 
sold,  given  away,  or  otherwise  disposed  of,  and  to  regulate  and  pre- 
scribe the  location  thereof.  To  create  by  ordinance  such  district  or 
districts,  within  whivh,  subject  to  the  foregoing  provisions  and  limita- 
tions, all  bars,  saloons  and  clubs  where  intoxicating  liqudrs  are  dis- 
posed of,  may  be  confined. 

SALOON  LICENSE— SALE   OF  LIQUORS. 

(16)  To  forbid  the  vending  or  disposition  of  intoxicating  liquors 
in  violation  of  the  laws  of  the  State.  No  person  shall  engage  in  the 
business  of  selling  intoxicating  or  spirituous  liquors,  or  malt,  brewed 
or  fermented  liquors  as  aforesaid  (except  druggists,  who  shall  have 
complied  with  the  state  law),  until  he  shall  have  first  obtained  a  license 
therefor  by  the  vote  of  two-thirds  of  all  of  the  Aldermen  elect  of  the 
Common  Council:  Provided,  That  no  license  shall  be  issued  to  any 
person  for  the  selling  of  any  such  liquors  as  aforesaid  until  he  shall 
have  first  paid  the  state  tax  for  the  sale  of  the  same,  and  the  Ifcense 
fee  required  to  be  paid  by  the  city  of  Grand  Rapids:  And  provided 
further.  That  the  applicant  for  such  a  license  shall  first  apply  to  the 
Board  of  Police  and  Fire  Commissioners  of  the  City  of  Grand  Rapids, 
and  be  recommended  by  a  majority  of  all  of  the  members  of  said 
Board,  entered  upon  the  records  of  said  board,  for  a  license  at  the 
location  for  which  application  is  made,  before  his  application  shall  be 
considered  and  acted  upon  by  the  Common  Council  of  said  city. 

19 


CIRCUSES  AXD  OTHER  PUBLIC   PERFORMANCES. 

(17).  To  prohibit,  restrain  or  regulate  all  sports,  exhibition  of 
natural  or  artificial  curiosities,  caravans  of  animals,  theatrical  exhibi- 
tions, circuses  or  other  public  performances. 

DRUNKAJRDS,  BEGGARS,  ETC. 

( 18)  To  restrain  drunkards,  vagrants,  mendicants  and  street 
beggars  from  soliciting  alms  and  to  punish  them  for  so  doing,  and  pro- 
vide for  the  punishment  of  all  persons  drunk  or  disorderly  on  the 
streets,  or  public  places  of  said  citj'. 

DOGS — GA3IE  COCKS. 

(19)  To  regulate  and  prevent  the  running  at  large  of  dogs;  to 
prevent  dog  fights  in  the  streets;  to  prevent  the  fighting  of  game  cocks 
in  the  city,  and  to  provide  for  the  destruction  of  dangerous  and  vicious 
dogs;  to  require  the  payment  of  a  license  fee  by  the  owner  or  per- 
sons having  possession  of  dogs,  and  for  imposing  a  penalty  upon  sucli 
person  or  persons  for  refusing  to  pay  such  license  fee. 

RIOTS   ASD   DISORDERLY   ASSEMBLAGES. 

(20)  To  prohibit  and  prevent  any  riot,  rout,  disturbance  or 
disorderly  assemblage  in  the  streets  or  elsewhere  in  the  cit}',  and  to 
preserve  quiet  and  order  therein. 

IXD~ECENT    EXPOSURE    OF    PERSOX— OBSCEXE    PICTURES,    ETC. 

(21)  To  prohibit  or  prevent  in  the  streets  or  elsewhere  in  said 
city  indecent  exposure  of  the  person,  the  show,  sale  or  exhibition  for 
sale  of  indecent  or  obscene  pictures,  posters,  drawings,  engravings, 
paintings  and  books,  and  all  indecent  or  obscene  exhibitions  or  shows 
of  any  kind. 

HOUSES    OF    ILL    FAME— GA>IBLIX(i    AXD    SUPPRESSIOX    OF    LOTTERIES, 
ETC. 

(22)  To  prohibit  and  suppress  the  keeping  of  houses  of  ill-fame 
or  assignation,  or  for  the  resort  of  common  prostitutes,  and  disorderly 
houses  of  all  kinds;  to  restrain  and  punish  the  keepers  of  all  such 
houses  and  places  as  aforesaid;  to  punish  common  prostitutes  and  dis- 
orderly persons;  to  prohibit,  prevent  and  suppress  mock  auctions,  and 
every  kind  of  fraudulent  game,  device  or  practice,  and  to  punish  all 
persons  managing,  using,  practicing  or  attempting  to  manage,  use  or 
practice  the  same,  and  all  persons  aiding  or  abetting  in  the  manage- 
ment, use  or  practice  thereof.  To  prohibit,  restrain  or  prevent  per- 
sons from  gaming  for  monej'  or  property  with  cards,  dice,  billiards, 
nine  or  ten  pin  alleys,  tables,  ball  alleys,  wheels  of  fortune,  boxes, 
machines  or  other  instruments  or  device  whatsoever  in  any  building 
or  place  in  the  cit}\  and  to  punish  the  persons  keeping  the  building, 
instrument  or  means  for  such  gaming,  and  to  compel  the  destruction 
thereof.  To  prevent,  prohibit  and  suppress  all  lotteries  or  rafifles  for 
drawhig  and  disposing  of  money  or  other  property  or  thing  what- 
ever, and  to  punish  all  persons  maintaining,  directing  or  managing  the 
same  or  aiding  in  the  maintenance,  direction  (u-  management  thereof. 

LICEXSE  OF  DRAYMEX,  HACKMEX,  RUXXERS  AXO  VEHICLES  FOR  HIRE. 

(2;^,)  To  license  and  regulate  draymen,  cartmen,  truckmen,  port- 
ers, runners,  drivers  of  cabs,  hackney  coaches,  omnibuses,  stages,  car- 
riages,   sleighs,    automobiles,    express    vehicles    and   vehicles    of   every 

20 


description  used  and  employed  f<>r  hire,  and  to  fix  and  regulate  the 
amount  and  rate  of  their  compensation.  To  prescribe  and  designate 
the  stands,  places  and  locations  in  the  city  within  which  all  such  con- 
veyances and  vehicles  as  aforesaid  may  stand,  and  to  prescribe  the 
stands,  places  and  locations  in  which  all  wood,  hay,  straw,  produce, 
goods,  wares  and  merchandise  of  whatever  nature,  exposed  for  sale  on 
the   streets,   alleys   or  public   places   of  the   city. 

LICENSE    ArCTIOXEERS,    PEDDLEKS,    I'AWXBKOKEKS,    I..A,BOK    BUKEAUS, 
Bllil.  POSTING,  ETC. 

(24)  To  license  and  regulate  auctions  and  auctioneers,  hawkers, 
peddlers,  pawn  brokers,  junk  dealers,  dealers  in  second  hand  goods 
and  merchandise  and  transient  tradesmen:  to  license  and  regulate  em- 
ployment agencies  and  offices,  intelligence  oiifices,  labor  bureaus  and 
all  persons  whose  business  it  is  to  find  employment  for  others  for  hire 
or  reward,  to  require  references  and  bonds  to  be  given,  by  every  per- 
son, company,  corporation  or  association  engaging  in  such  business 
before  the  same  shall  be  licensed;  to  license  and  regulate  bill  posting, 
the  putting  up  of  advertising  signs  or  matter,  and  the  distribution  of 
such  matter  in  the  city. 

LICENSE  HOTELS,  SALOONS,  RESTAURANTS,   BUTCHERS,   HUCKSTERS. 

(25)  To  license  and  regulate  hotels  and  other  public  houses, 
saloons  and  victualing  houses  or  places  for  the  furnishing  of  meals 
or  food.  To  license  and  regulate  butchers,  hucksters,  shops,  stalls, 
booths  or  stands,  or  other  places  in  said  city,  for  the  sale  of  anv  kind 
of  meat,  fish,  poultry,  vegetables,  food  or  provisions. 

TAX   AND   REGULATE   KEEPERS   OF   BILLIARD   TABLES,   ETC.,   NOT   KEPT 
FOR  PURPOSE  OF  GAMING. 

(26)  To  tax  and  regulate  billiard  or  pool  tables,  bowling  alleys 
not  kept  for  the  purpose  of  gaming. 

CARS    (RUNNING   OF)    RE<iULATIONS   AS   TO   SPEED— FLAGMEN, 
STATIONING   OF,   ETC. 

(27)  To  prescribe  and  regulate  the  speed  of  cars  and  engines  on 
railroads,  street  or  electric  cars,  within  the  limits  of  said  city,  and 
prohibit  railroad  cars  from  standing  across  or  otherwise  obstructing 
the  streets  of  said  city.  To  determine  and  designate  the  route  and 
grade  of  any  railroad  to  be  laid  in  said  city;  to  regulate  the  use  of 
locomotives  and  cars  upon  railroads  within  the  city,  and  to  compel 
the  owners  and  managers  of  anj^  railroad  to  station  flagmen  at  street 
crossings,  and  make  such  other  rules  and  regulations  concerning  such 
railroads  as  may  be  necessary  for  the  safety  of  the  citizens  of  said 
city. 

LICENSES— DURATION    OF— REVOKING    OF— BONDS    FOR. 

(28)  To  authorize  the  granting,  issuing  and  revoking  of  licenses 
in  all  cases  where  licenses  may  be  granted  and  issued  under  this  act 
and  the  ordinances  of  the  city.  To  direct  the  manner  of  issuing  and 
registering  the.  same  and  prescribe  the  sums  of  money  to  be  paid 
therefor  into  the  city  treasury.  No  license  shall  be  granted  for  more 
than  one  year  and  before  the  issuance  thereof  the  licensee  shall  exe- 
cute a  bond  to  the  city  in  such  penal  sum  as  the  Common  Council  may 
prescribe,  with  one  or  more  sureties  conditioned  for  the  faithful  ob- 
servance of  this  act  and  the  ordinances  and  regulations  of  the  Com- 


mon  Council  of  said  city.  The  officer  authorized  to  issue  said  license 
may  inquire  into  the  sufficiency  of  tlie  sureties  of  such  bonds  by  an 
examination  under  oath  or  otherwise  as  to  their  property  and  respon- 
sibility. 

PKNALTIES— TO    BE    rBESCKlBKD— SENTENCES,    ETC. 

(29)  To  provide  for  the  punishment  of  all  offenders  for  violations 
of  or  ofifenses  against  this  act  or  the  ordinances  of  said  city  enacted 
pursuant  to  the  powers  herein  conferred,  or  any  act  of  the  legislature, 
l3y  holding  to  bail  for  good  behavior,  by  imposing  fines,  penalties  or 
forfeitures  and  costs,  by  imprisonment  in  the  jail  of  Kent  county,  or  in 
any  penitentiary,  house  of  correction,  jail  or  workhouse  in  the  city, 
or  in  any  State  house  of  correction  or  in  the  Detroit  house  of  correc- 
tion, or  by  both  fine  and  imprisonment  in  the  discretion  of  the  court 
before  whom  a  conviction  may  be  had,  and  to  contract  with  the 
authorities  of  such  institutions  to  this  end.  All  punishments  for 
offenses  against  any  of  the  ordinances  of  the  Common 'Council  shall 
be  prescribed  in  the  ordinances  creating  or  specifying  the  offense  to 
be  punished,  and  no  penaltj%  fine  or  forfeiture  shall  exceed  the  sum 
of  live  hundred  dollars  exclusive  of  costs,  and  no  imprisonment  shall 
exceed  the  period  of  one  j-ear.  If  only  a  fine,  penalty  or  forfeiture 
with  costs  be  imposed  the  offender  may  be  sentenced  until  the  pay- 
ment  thereof  for  a  term  not   exceeding  six  months. 

AVOKK— TO    BE   I'ROVIDED— ANI>   i:MrOSED— IN   NON-PAYMENT   OF   ITNES, 
ETC. 


STREETS. 
OBSTRUCTION  OF. 

(31)  T(j  prevent  the  cumbering  of  streets,  highways,  sidewalks, 
cross-walks,  lanes,  alleys,  courts,  public  grounds  or  public  places, 
bridges,  viaducts,  aqueducts,  wharves  or  slips  in  any  manner  whatever. 

RIDING— DRIVING  AND  CARE  OF  VEHICLES  AND  HORSES. 

(32)  To  require  any  horse  or  other  aillmal  attached  to  any 
vehicle  or  standing  in  any  of  the  streets,  lanes,  alleys,  highways, 
courts,  public  places  or  public  grounds  of  said  city,  to  be  securely  fas- 
tened, watched  or  held,  and  to  secure  the  proper  driving  of  the  same 
through  such  streets,  lanes,  alleys,  courts,  public  grounds  or  places; 
to  prevent  horse  racing  or  immoderate  riding  or  driving  in  any  such 
streets,  lanes,  alleys,  courts,  public  grounds  or  public  places  either  with 
horses,  carriages,  automobiles,  bicj'cles  or  other  vehicles;  to  authorize 
the  stopping  and  detaining  of  any  person  violating  any  of  the  provi- 
sions of  this  subdivision,  and  to  prfjvide  for  the  punishment  of  any 
such  person. 


SIDEWALK— OBSTRUCTIONS   OF— SNOW,   ETC. 

(^3)  To  compel  all  persons  to  keep  sidewalks  in  front  of  pre- 
mises owned  or  occupied  by  them  clear  from  dirt,  wood  or  obstruc- 
tions, and  every  owner  or  occupant  of  any  house  or  building  and 
every  owner  or  agent  of  any  lot  in  the  city  of  Grand  Rapids,  to  keep 
said  sidewalks  free  and  clear  from  snow  or  ice,  and  not  to  permit  such 
snow  or  ice  to  remain  thereon. 

DISTURBING    NOISES    IN    STREETS— RINGING    OF    BELLS— CRYING    OF 
WARES. 

(34)  To  regulate  the  ringing  of  bells  and  the  crying  of  goods  and 
other  commodities  for  sale  at  auction  or  otherwise,  and  prevent  dis- 
turbing noises  in  the  streets. 

ESTABLISHMENT   OF   LOT   LINES— ADVERSE   POSSESSION— VACATION    OF. 

(35)  To  regulate  and  establish  the  line  upon  which  buildings  may 
be  erected  upon  any  street,  lane  or  allej^  in  said  city,  and  to  prevent 
such  buildings  or  other  encroachnients  being  erected  nearer  the  street 
than  said  line,  and  to  impose  a  fine  upon  any  owner  or  builder  vio- 
lating this  provision,  not  to  exceed  five  hundred  dollars.  Provided, 
That  no  person,  persons,  firm  or  corporation  shall  by  reason  of  adverse 
possession,  be  entitled  to  an}^  street,  lane,  alley,  public  place,  square  or 
any  part  thereof  by  reason  of  any  occupancy  created  or  claimed  by 
adverse  possession  made  by  virtue  of  said  occupancy.  Provided, 
further.  That  the  Common  Council  shall  not  by  virtue  of  this  or  any 
other  subdivision  of  this  charter  possess  power  to  give  away  the  con- 
trol of  any  street,  lane,  alley,  court,  public  square  or  place,  or  create 
any  permanent  use  thereof  for  any  other  purpose  than  for  street  or 
public  purposes,  except  by  regular  vacation  proceedings. 

LIGHT   IN    STREETS    AND   PROTECTION   OF    APPARATUS. 

(36)  To  provide  for  and  regulate  the  lighting  of  streets,  high- 
ways, alleys,  lanes,  courts,  public  places  and  grounds  and  buildings  in 
the  citj\  by  contract  or  otherwise,  and  provide  for  the  protection  of 
public  lands  and  lighting  apparatus  placed  thereon. 

DISPOSAL   OF   STREET   REFUSE. 

is?)  To  sell  or  otherwise  provide  for  the  disposal  of  all  dirt, 
filth,  manure,  cleanings,  and  all  other  substances  lying  in  or  gathered 
from  the  highways,  streets,  avenues,  lanes,  courts,  alleys  and  public 
places  and  grounds  of  said  city. 

STREETS— CLEANING    OF— REGULATE    AND    LI31IT    USE    OF    SIGNS,    AWN- 
INGS—PREVENT INJURY  TO  CURBS,  PAVEMENTS,  TREES,  ETC. 

(38)  To  provide  for  and  regulate  the  cleaning  of  the  highways, 
streets,  avenues,  lanes,  alleys,  courts,  public  places  and  grounds,  cross- 
walk.s  and  sidewalks  in  the  city;  to  prohibit,  regulate  and  control  the 
exhibition  of  signs  on  canvass  or  otherwise,  in  or  upon  any  vehicle 
standing  or  moving  upon  the  streets  of  the  city;  to  control,  prescribe 
and  regulate  the  mode  of  constructing  and  suspending  signs  and  awn- 
ings; to  prescribe  and  regulate  the  manner  in  which  the  highways, 
streets  .avenues,  lanes,  alle3's,  courts,  public  grounds  and  public  places 
within  said  city  shall  be  used,  and  for  the  preservation  thereof,  and  the 
prevention  of  injury  to  the  curbs,  gutters,  pavements,  sidewalks,  trees, 
streets,  lawns  and  parks  therein. 


TO   PREVENT   AMUSEMENTS   DANGEROUS   TO   LIFE   AND   i'ROPERTV— RE- 
MOVAL OF  WALLS,  FENCES,  ETC. 

(39)  To  prohibit  all  practices,  amusements  and  doings  in  said 
streets  having  a  tendency  to  frighten  teams  and  horses,  dangerous  to 
life  or  propert}\  and  punish  persons  indulging  therein;  to  remove  or 
cause  to  be  removed  therefrom,  or  from  the  premises  adjacent  there- 
to, all  walls  and  structures  liable  to  fall  therein:  and  to  provide  for 
and  regulate  the  erection  and  use  of  suitable  hitching  posts  and  blocks. 

STREETS.    SURA'EY    OF— ENCRO.\CH.MENTS — B.\RBED    WIRE    FENCES— 
FL.\NTING  AND  PRESERV.4TION  OF  SH.^DE  TREES—PENALTIES. 

(40)  To  survey  and  establish  the  boundaries  of  the  city,  high- 
ways, streets,  avenues,  lanes,  allej^s,  courts,  public  parks,  squares, 
public  grounds  and  public  places:  to  prohibit  and  remove  all  incum- 
brances and  encroachments  on  the  same  by  buildings,  fences,  or  in 
any  other  manner;  to  prohibit  the  use  of  barbed  wire  or  other  danger- 
ous material  for  fences  on  street  lines  and  to  regulate  its  use  in  other 
places  in  said  city;  to  number  buildings,  regulate  the  planting,  pre- 
servation and  removal  of  shade,  ornamental  or  other  trees  in  the  public 
streets,  avenues,  courts,  public  grounds  and  public  places,  and  the 
trimming  and  care  thereof,  and  the  trimming  and  care  of  trees  adjoin- 
ing thereto,  in  such  manner  as  not  to  interfere  with  public  travel  or 
obscure  public  lights  thereon,  and  to  require  the  same  to  be  done  at 
the  expense  of  the  owner  of  the  premises  adjoining  the  same,  and  if 
such  owner  shall  refuse  or  neglect  after  reasonable  notice  so  to  do, 
to  conform  to  such  regulations,  to  cause  the  same  to  be  carried  out 
and  enforced  at  the  expense  of  the  city,  and  assessed  upon  and  to  be- 
come a  lien  upon  such  adjoining  premises  until  paid,  and  the  same 
may  be  collected  in  the  manner  and  in  accordance  with  Title  5  of 
this  act  for  the  assessment  of  the  expense  of  constructing  and  repair- 
ing sidewalks. 

STREETS — SPRINKLINCi  OF— ALTERATION  OF— APPROPRIATION  OF  PROP- 
ERTY   FOK   PUBLIC    USES. 

(41)  The  Common  Council  may,  bj'  ordinance  or  otherwise, 
provide  for  the  sprinkling  of  the  public  streets,  highways,  lanes, 
alleys  and  courts,  the  expense  thereof  to  be  paid  from  the  high- 
way fund.  It  may  provide  for  the  punishment  of  all  persons  who 
shall  encumber  and  encroach  upon  the  same.  The  Common  Council 
shall  have  full  power  to  lay  out,  establish,  open,  extend,  widen, 
straighten,  alter,  close,  fill  in.  grade,  vacate  or  abolish  any  street,  high- 
way, lane,  alley,  court,  public  place  or  public  ground  in  said  city,  or 
any  sewer  therein;  to  grade  anj-  such  highway,  street,  lane,  alley,  court, 
public  ground  or  public  place  whenever  it  shall  deem  it  a  necessary 
public  improvement,  and  private  property  may  be  taken  therefor  in 
the  manner  provided  in  this  act,  or  by  the  general  laws  of  the  state. 

EMINENT   I>OM.\IN. 

(42)  To  appropriate  private  propertj-  for  public  use  in  the  city  of 
Grand  Rapids  for  streets,  alleys,  parks,  boulevards,  public  buildings, 
bridges  or  brick  approaches,  docks,  slips,  basins,  landings  and  ware- 
jhouses  on  Grand  River,  and  for  the  improvement  of  water  courses 
for  sewers,  drains,  ditches,  public  hospitals,  pest  houses,  quarantine 
grounds  and  public  cemeteries.  Such  property  may  be  acquired  by  the 
city  of  Grand  Rapids  either  by  purchase  through  the  Common  Council 
or  condemnation  for  public  use  in  the  manner  provided  for  by  the 
general  laws  of  the  state  relating  to  the  taking  of  private  property  for 
public  use  in  cities  and  villages. 


MISCKLLANEOUS. 

MARKETS— VENDORS  OF  MEATS,  FRUITS,  ETC.,  SAT.E  OF  MU^K— LICENSES 

lOR^PROVIDIXt;    FOR  INSPECTION    AND    FOR   SEALER   OF 

WEIGHTS  AND  MEASURES. 

(43)  To  establish  and  regulate  the  markets  and  market  places  of 
said  city;  to  regulate  the  vending  of  hay,  straw,  fodder  and  other  food 
of  animals;  to  regulate  the  vending  of  meats,  poultry,  vegetables,  fruit, 
fish,  fiour,  salt,  milk  and  all  other  food  or  food  products,  and  all  kinds 
of  groceries  sold  at  wholesale  or  retail,  in  packages  or  otherwise,  and 
to  prescribe  the  time,  manner  and  place  for  selling  the  same.  To 
prohibit  the  sale  of  every  kind  of  nauseous,  unsound  or  unwholesome 
meat,  poultry,  vegetables,  fruit,  fish,  flour,  meal,  salt,  milk  and  all  other 
food  or  food  products,  and  all  kinds  of  provisions  sold  by  wholesale 
or  retail;  to  punish  all  persons  who  shall  sell  the  same  or  ofifer  or  keep 
the  same  for  sale.  To  compel  all  persons  selling  milk  or  keeping  the 
same  for  sale  in  said  city,  to  procure  a  license  therefor  and  to  be  prop- 
erly registered.  To  direct  and  regulate  the  inspecting  and  weighing 
of  all  meat,  poultry,  vegetables,  fruit,  fish,  flour,  meal,  salt,  milk  and 
all  food  or  food  products,  and  all  kinds  of  groceries  and  provisions 
sold  at  whoesale  or  retail  in  packages  or  otherwise.  To  direct  and 
regulate  the  measuring,  gauging  or  weighing  of  all  groceries,  food  or 
food  products,  li(|uid  or  solid,  sold  by  measure,  at  wholesale  or  retail 
in  packages  or  otherwise.  To  regulate  the  weights  and  measures  used 
in  said  city,  and  compel  every  merchant,  retailer,  trader  and  dealer  in 
merchandise,  groceries,  provisions  or  articles  of  every  description 
which  are  sold  bj'  measure  or  weight  to  use  weights  and  measures  to 
be  sealed  by  the  city  sealer,  and  to  be  subject  to  his  inspection  and 
alteration,  so  as  to  be  made  conformable  to  the  standard  of  weights 
and  measures  established  by  the  general  laws  of  the  state.  To  direct 
and  regulate  the  inspecting  and  measuring  of  wood,  lumber,  shingles, 
timber,  posts,  stone,  heading  and  all  building  material,  the  inspecting, 
weighing  and  measuring  of  coke  and  all  kinds  of  coal,  and  the  inspect- 
ing of  hay,  straw,  fodder  and  other  food  products  for  animals.  To 
impose  a  reasonable  license  fee  upon  the  persons  engaged  in  any  of 
the  aforesaid  lines  of  business:  Provided,  That  nothing  herein  con- 
tained shall  authorize  the  Common  Council  to  restrain  in  any  way 
or  license  the  sale  of  fresh  or  wholesome  meat  by  the  quarter  within 
the  limits  of  said  city;  nor  to  prohibit  anv  farmer  selling  without  a 
license  the  products  of  his  own  farm  within  said  corporate  limits,  or 
any  person  from  selling  articles  or  products  of  his  own  growth  or 
nianufacture.  Nothing  herein  contained  shall  be  construed  to  author- 
ize the  inspection,  weighing  or  gauging  of  any  article  or  product  which 
is  to  be  shipped  beyond  the  limits  of  this  state,  except  at  the  request 
of  the  owner  thereof,  or  of  the  agent  having  charge  of  the  same. 

SEXTONS— UNDERTAKERS— SCAVENGERS,   CHIMNEY   SWEEPS— LAWS   AND 
LICENSE  FOR. 

(44)  To  pass  all  needful  laws  and  regulations  governing  sextons 
and  undertakers  for  burying  the  dead,  and  to  regulate  the  business  of 
scavengers  and  chimney  sweeps  and  their  compensation  and  the  fees 
to  be  paid  by  them  for  licenses. 

PARKS,    BOULEVARDS— DRIVEWAYS,    ETC.— CO.>IMON    COUNCIL    POWER   IN 

PURCHASING    AND    MAINTAINING;    OF— TAKING    OF    PRI- 

^'.\TE  PROPERTY  FOR  SAJIE. 

(45)  The  Common  Council  shall  have  power  by  the  concurrent 
votes  of  two-thirds  of  all  the  Aldermen  elect  to  obtain  by  purchase, 
or  gift,  and  to  hold,  improve  and  properly  maintain  real  estate  within 

25 


tlie  limits  of  the  city  for  park,  driveway  and  boulevard  purposes.  It 
shall  also  have  power  to  lay  out,  establish,  improve  and  embellish, 
hold,  control  and  maintain  parks,  driveways  and  boulevards  without 
the  corporate  limits  of  the  city  whenever  it  shall  be  deemed  by  the 
Common  Council,  on  the  concurrent  vote  of  two-thirds  of  all  the 
Aldermen  elect,  that  the  same  is  a  necessary  public  improvement  for 
the  benefit  of  the  city,  and  private  property  may  be  taken  therefor 
in  the  manner  provided  in  this  act,  or  by  the  general  law^s  of  the  State. 

ri  RCH.4SE    OF   PROPERTY    FOR    OPEMXG    AXD   WIDENING    OF    STREETS, 

ETC.,  BY  RESOLUTION  OF  COl  NCIE— WHO  TO  BE  ASSESSED 

DECI..ARING    OF    DISTRICT. 

(Sec.  60.)  Par.  10.  Whenever  the  Common  Council  shall  de- 
termine bv  resolution  that  the  opening,  extension,  widening,  altering, 
or  straightening  of  any  street,  highway,  lane,  alley,  court,  public 
ground  or  public  place,  or  the  construction  of  any  sewer  in  said  city,  is 
a  necessary  public  improvement,  or  that  the  taking  of  lands  for 
parks  or  for  sites  for  any  of  its  public  buildings,  or  for  docks  or  dock- 
age purposes,  is  a  necessary  public  improvement,  and  that  it  is  neces- 
sary to  take  private  property  therefor,  it  shall  be  lawful  for  said  Com- 
mon Council  to  negotiate  with  the  owner  thereof  for  the  purchase  and 
conveyance  of  the  same  to  the  city,  and  to  devote  the  same  to  the 
public  use  described  in  the  resolution,  and  to  no  other  purpose.  In 
case  any  such  negotiations  shall  result  in  the  sale  and  conveyance  of 
such  private  property  to  said  city  for  the  public  use  described  in  said 
resolution,  it  shall  be  lawful  for  the  Common  Council,  if  it  believes 
that  a  portion  of  the  real  estate  in  said  city  adjacent  to  or  in  the 
vicinity  of  such  improvement  will  be  benefited  by  such  improvement, 
to  determine  the  same  by  an  entry  in  its  minutes  to  that  effect  of  the 
amount  of  benefits  that  will  accrue  to  such  property  in  the  immediate 
vicinity,  and  to  determine  and  declare  that  the  whole  or  any  just  pro- 
portion of  such  purchase  price  shall  be  assessed  upon  the  owners  of 
real  estate  deemed  to  be  thus  benefited,  which  determination  and 
declaration  shall  be  entered  in  its  minutes;  and  it  shall  thereupon  by 
resolution  fix,  determine  and  declare  the  district  or  portion  of  real 
estate  in  said  city  deemed  to  be  benefited  thereb3%  and  specify  the 
amount  to  be  assessed  upon  the  owners  of  such  taxable  real  estate 
therein. 

PROPERTY    TO    BE    ASSESSED    ACCORDING    TO    BENEFITS— TO    BECOHIE 
A  LIEN. 

(Sec.  61.)  Par.  11.  The  amount  of  the  benefit  thus  ascertained 
shall  be  assessed  upon  the  owners  of  such  taxable  real  estate  in  pro- 
portion as  near  as  may  be  to  the  advantage  which  the  same  shall  be 
deemed  to  be  benefited  by  such  improvement.  The  general  laws  of 
the  State  of  Michigan  relating  to  the  assessment  and  compensation 
awarded  by  jury  for  property  taken  for  public  purposes  in  cities,  and 
villages  of  this  state,  and  the  acts  amendatory  thereof,  and  all  pro- 
ceedings incident  thereto,  shall  apply  to  the  assessments  to  provide 
for  the  payment  of  such  purchase  price  so  far  as  the  same  can  be 
made  applicable  under  this  act.  Said  assessments  shall  be  and  remain 
a  lien  upon  the  real   estate  so  assessed  until   they  are  paid. 

CO.AIMON    COl'NCIL     BY     ORDINANCE — COVER     .\ND     GUARDING     OF    MILL, 
RACE. 

(Sec.  62.)  Par.  12.  The  Common  Council  shall  also  have  power 
by   ordinance    or   otherwise    to    require    owners    or   occupants    of    any 

26 


mill-race  to  cover  or  otherwise  guard  the  same  with  bridges,  arches  or 
fences  to  be  constructed  of  good  and  durable  material,  or  it  may 
direct  the  same  to  be  covered  in  the  manner  that  other  public  im- 
provements are  directed  to  be  made  and  pursuant  to  the  provisions 
of  Title  five  of  this  act  so  far  as  the  same  are  applicable. 

WHEN    COUNCII.    CAUSES    SAME    TO    BE    DONE— TO    BECOME    A    LIEN. 

(Sec.  63.)  Par.  13.  Whenever  the  owner  or  occupant  of  any 
mill-race  shall  refuse  or  neglect,  within  such  reasonable  time  as  the 
Common  Council  shall  have  appointed,  to  cover  such  mill-race  in  the 
manner  and  with  the  material  directed  by  it.  it  shall  be  lawful  for  the 
Common  Council  to  cause  the  same  to  be  done  at  the  expense  of  the 
city,  and  the  same  shall  become  a  lien  upon  the  mill  property  to  which 
said  mill  race  is  adjacent  until  paid.  Such  expense  shall  be  assessed  , 
upon  such  mill  property  and  collected  in  accordance  with  the  pro- 
visions of  Title  five  of  this  act  for  the  assessment  and  collection  of 
the  expense  of  constructing  and  repairing  sidewalks. 

SUIT    BY    SUMMONS— SUPERIOR    COURT— FOR    NON-PAYMENT. 

(Sec.  64.)  Par.  14.  All  fines,  penalties  and  forfeitures  may  be 
sued  for  and  recovered  with  costs  in  the  name  of  the  city  of  Grand 
Rapids,  and  such  suit  may  be  commenced  by  summons  or  warrant 
in  the  Superior  Court  of  Grand  Rapids.  For  the  recovery  of  fines, 
penalties  or  forfeitures  against  railroads  or  other  corporations  im- 
posed b}'  virtue  of  any  provision  of  this  act,  or  any  ordinance  of  the 
Common  Council,  suit  may  be  commenced  in  form  as  aforesaid  in 
the  Superior  Court  of  Grand  Rapids  and  prosecuted  to  effect  therein. 

OBUINANCE    CONT.41N1NO    PENALTY— WHEN    EFFECTIVE. 

(Sec.  65.)  Par.  15.  Any  ordinance  of  the  Common  Council  im- 
posing a  penalty  shall  not  take  .effect  until  the  expiration  of  one  week 
after  the  first  publication  thereof  in  one  of  the  official  newspapers  in 
said   city. 

CLERK'S    RECORD— CERTIFIEO— PRIMA    FACIE    EVIDENCE. 

(Sec.  66.)  Par.  16.  A  record  or  entry  made  by  the  Clerk  of  said 
cit\-.  or  a  copy  of  such  record  or  entry,  duly  certified  by  him  shall  be 
prima  facie  evidence  of  the  time  of  such  first  publication,  and  all  laws, 
regulations  and  ordinances  of  the  Common  Council  may  be  read  in 
evidence  in  all  courts  of  justice,  and  in  all  proceedings  before  any 
officer,  body  or  board,  in  which  it  shall  be  necessary  to  refer  thereto, 
either  from  the  record  itself,  or  from  a  certified  copy  made  by  the 
Clerk  of  the  citj-.  with  the  seal  of  the  city  affixed  thereon,  or  from  the 
volume  of  ordinances  printed  by  the  authority  of  the  Common  Council. 

FISCAL   YEAR^FILING    OF    STATEMENTS    BY    DEPARTMENTS. 

(Sec.  67.)  Par.  17.  The  fiscal  year  of  the  city  of  Grand  Rapids 
shall  end  upon  the  last  day  of  March  in  each  year,  and  the  new  fiscal 
year  begin  upon  the  first  day  of  April  in  each  year  after  this  law  shall 
take  effect.  And  upon  the  first  daj^  of  April  of  each  year  the  various 
boards  and  the  head  of  each  and  every  department  of  the  city,  shall 
make  and  file  with  the  citj^  clerk  a  full  and  complete  statement  of  the 
business  of  said  several  boards  and  said  several  departments  during 
the  last  year  and  accounts  thereof,  including  all  disbursements  and 
receipts  of  said  boards  and  departments. 


AXNUAI.   STATKMKNT    BY    COUNCIL. 

(Sec.  68.)  Par.  i8.  On  the  la.st  Tuesday  in  the  month  of  April 
in  each  year,  the  Common  Council  shall  audit  and  settle  the  accounts 
of  the  city  treasurer  and  the  accounts  of  all  other  officers  and  persons 
having  claims  against  the  city  or  accounts  with  it.  and  shall  make  out 
a  statement  in  detail  of  the  receipts  and  expenditures  of  the  cor- 
poration during  the  preceding  year,  in  which  statement  shall  be  clearly 
and  distinctly  specified  the  several  items  of  expenditure  made,  the 
objects  and  purposes  for  which  the  same  were  made,  and  the  amount 
of  money  expended  under  each:  the  amount  of  taxes  raised  for  the 
general  contingent  expenses;  the  amount  raised  for  lighting  and 
policing  the  city:  the  amount  of  highway  taxes  and  assessments  for 
opening,  paving,  planking,  repairing  and  altering  streets,  and  building 
and  repairing  bridges:  the  amount  borrowed  on  the  credit  of  the  city 
and  the  terms  on  which  the  same  was  obtained,  and  a  summary  of  the 
reports  of  the  several  boards  and  heads  of  departments  of  the  city 
together  with  such  other  informaion  as  shall  be  necessary  to  a  full 
understanding  of  the   financial   conditions   of  the   city. 


STATEMENT  TO  BE   SI(iXEI)  BY  THE   3IAYOR   A^D  CLERK  .\M> 
PUBLISHED. 

(Sec.  69.)  Par.  19.  The  said  statement  of  the  Common  Council 
of  accounts  as  audited  and  settled  shall  be  signed  by  the  Mayor  and 
Clerk  and  filed  with  the  Clerk  of  the  city,  and  published  by  the  Clerk 
at  the  expense  of  the  city  in  the  (ifticial  proceedings. 


CITX    ELECTRICI.YX— INSPECTOR    Ol     (JAS.    COUNCIL    TO    APPOINT. 

(Sec.  70.)  Par.  20.  The  Common  Council  shall  have  power  to 
appoint  an  inspector  of  gas  meters  and  gas.  and  to  fix  the  quality  of 
gas  furnished  in  the  city,  both  in  regard  to  its  lighting  and  heating 
power,  and  to  establish  a  standard  of  gas  to  be  sold  within  the  city,  and 
to  regulate  so  far  as  may  be  necessary  in  the  interest  of  the  public 
the  delivery  of  said  gas  to  customers  therefor:  to  appoint  a  city 
electrician  and  an  examiner  of  engineers  and  of  stationary  engines 
within  the  city:  to  prescribe  their  power  and  duties  and  fix  their  com- 
pensation, and  to  regulate  the  manner  of  the  operation  of  engines 
within  such  bounds  as  may  be  necessary  for  the  public  protection. 


DUTIES   OF  BUILDIN(i   INSPECTOR — COUNCIL   TO   PRESCRIBE. 

(Sec.  71.)  Par.  21.  The  Common  Council  shall  prescribe  the 
duties  of  the  building  inspector  and  fix  his  compensation.  It  shall 
provide  regulations  for  the  construction  and  repair  of  buildings  and 
may  restrict  the  height  of  buildings  within  the  city,  and  the  proportion 
or  space  of  any  lot  or  lots  that  may  be  covered  with  buildings;  it 
may  require  by  ordinance  plans  and  specifications  of  proposed  build- 
ings to  be  submitted  to  the  building  inspector  under  the  rules  and 
regulations  of  the  Common  Council,  and  may  collect  a  reasonable 
fee  for  the  inspection  of  all  buildings  to  be  erected  or  repaired.  The 
building  inspector  shall  be  vested  with  and  possess  the  powers  con- 
ferred on  boards  of  building  inspectnrs  mider  the  general  laws  of  the 
state. 


28 


EXrKNSK  TO  BE  BORNK  BY  OWNER  FOR  REPAIRS,  ETC.,  ORDERED  BV 
INSPECTOR. 

(^Sec.  Ti?)  Par.  22.  In  case  any  expense  is  incurred  by  the  city 
of  Grand  Rapids  in  pursuance  of  any  action  or  recommendation  of 
its  building  inspector  in  relation  to  any  building  while  in  the  discharge 
of  his  duties  such  expense  shall  be  a  personal  charge  against  the 
owner  of  such  building  and  maj'  be  collected  of  him  in  the  name  of 
tlie  citj-  of  Grand  Rapids  in  any  competent  court  having  jurisdiction 
thereof,  and  in  case  any  expense  is  incurred  by  said  city  in  abating 
or  removing  a  public  nuisance  growing  out  of  the  condition  or  loca- 
tion of  a  building,  such  expense  shall  be  a  personal  charge  against 
the  owner  of  such  building  and  may  be  collected  of  him  in  the  name 
of  the  city  in  the  Superior  Court  of  Grand  Rapids.  In  either  of  the 
foregoing  cases  such  expense  so  incurred  by  the  city  shall  be  and 
remain  a  lien  upon  such  building,  and  the  premises  upon  which  the 
same  may  be  located,  and  the  appurtenances  thereto,  until  such  ex- 
pense is  paid;  and  such  expense  may  be  assessed  upon  such  building 
and  premises  and  appurtenances  thereto,  and  collected  in  accordance 
with  the  provisions  of  Title  five  of  this  act  for  the  assessment  and 
collection   cA   the   expense   of  constructing   and   repairing   sidewalks. 

DISTRICT   WHERE    CERTAIN    BUILDINGS    PROHIBITED. 

(Sec.  "/T,.)  Par.  22,.  Any  building  composed  of  wood  or  other 
combustible  material,  erected  in  or  removed  into  any  part  or  portion 
of  said  city,  wherein  the  erection  or  removal  of  such  building  is  pro- 
hibited b}'  any  ordinance  of  the  Common  Council,  shall  be  deemed  and 
is  hereb\^  declared  to  be  a  public  nuisance,  and  the  Common  Council 
maj'  take  measures  to  abate  and  remove  the  same. 

RESTRICTIONS    .4S    TO    BUILDINGS    DEE.MED    HAZ.\RDOUS    AND    THOSE 
CONSIDERED    NUISANCES. 

(Sec.  74.)  Par.  24.  The  Common  Council  may  prevent  and  pro- 
hibit the  location  or  construction  or  maintenance  of  buildings  for  the 
storing  of  gunpowder,  powder  factories,  tanneries,  distilleries,  build- 
ing for  the  manufacture  of  turpentine,  camphene  and  all  other  dan- 
gerous or  explosive  substances;  slaughter  houses  and  yards,  butcher- 
ing shops,  soap,  candle,  starch  and  glue  factories;  establishments  for 
steaming  or  rendering  lard,  tallow,  offal  and  such  other  substances 
as  can  be  rendered  into  tallow,  lard  or  oil,  and  all  establishments 
where  any  nauseous  or  unwdiolesome  business  may  be  carried  on, 
within  certain  limits  within  the  city,  to  be  determined  by  the  Com- 
mon Council.  Such  buildings,  factories,  shops  and  establishments  as 
aforesaid  now  existing  or  hereafter  to  be  constructed  in  said  city, 
together  wnth  blacksmith  shops,  founderies,  cooper  shops,  steam 
boiler  factories,  carpenter  shops,  planing  establishments,  breweries, 
and  all  buildings  and  establishments  usually  regarded  as  hazardous 
in  respect  to  fires,  shall  be  subject  to  such  regulations  in  relation  to 
their  construction  and  management  as  the  Common  Council  shall 
make  for  the  preservation  f)f  the  health,  safety  and  property  of  the 
inhabitants  of  said  city,  and  to  prevent  the  same  from  becoming  in  any 
way  public  nuisances.  The  Common  Council  may  take  all  necessary 
measures  to  prevent  annoyances  to  the  public  and  protect  all  persons 
\\\  the  city  from  injury  to  their  health  and  propert}-  caused  by  the 
discharge  of  dense  smoke  into  the  atmosphere. 


TO  PKEVENT  CERTAIN  BUILDINGS  IN  FIRE   DISTRICT. 

(Sec.  75.)  Par.  25.  The  Common  Council  may  prohibit  and  pre- 
vent the  location  or  construction  of  any  wooden  or  frame  house,  store, 
shop,  building  or  brick  veneer  structure  on  such  streets,  alleys  and 
places,  or  vv'ithin  such  limits  in  the  city  as  it  may  from  time  to  time 
prescribe;  and  prevent  or  regulate  the  removal  of  wooden  or  frame 
buildings  from  any  part  of  said  city  to  any  lot  or  location  on  such 
streets,  alleys  and  places  within  such  limits,  and  the  rebuilding  or 
repairing  of  wooden  or  frame  buildings  on  such  streets,  alleys  and 
places  within  such  limits  when  damaged  by  fire  or  otherwise. 

REGlTL.\TIONS  TO  PREVENT  FIRES,   ETC.— COMMON   COUNCII.,  3IAY 
LICENSE  INSPECTION  OF  ENGINES  AND  BOILERS. 

(Sec.  76.)  Par.  26.  The  Common  Council  may  regulate  the  con- 
struction of  partition  fences,  partition  and  parapet  walls,  the  walls  o£ 
buildings,  the  thickness  of  walls,  and  regulate  the  construction  of 
chimneys,  hearths,  fire  places,  fire  arches,  ovens  and  the  putting  up  of 
stoves,  stovepipes,  kettles,  boilers,  or  any  structure  or  apparatus  that 
may  be  dangerous  in  causing  or  promoting  fires;  to  prohibit  and  pre- 
vent the  burning  out  of  chimneys  and  chimney  flues;  to  compel  and 
regulate  the  cleaning  thereof  and  fix  the  fees  therefor;  to  compel  and 
regulate  the  construction  of  ash  houses  and  the  deposit  of  ashes;  to 
compel  the  owners  of  houses  and  other  buildings  to  have  scuttles  upon 
the  roofs  thereof  and  stairs  or  ladders  leading  to  the  same;  to  ap- 
point one  or  more  officers  to  enter  into  all  buildings  and  enclosures 
to  discover  whether  the  same  may  be  in  a  dangerous  condition  and 
to  cause  such  as  are  in  a  dangerous  condition  to  be  put  in  a  safe  con- 
dition; to  authorize  any  of  the  officers  of  the  city  to  keep  away  from 
the  vicinity  of  fires  all  idle  or  suspicious  persons;  to  aid  in  the  ex- 
tinguishment of  fires  and  in  the  preservation  of  property  exposed  to 
danger  therefrom;  to  license  and  regulate  engineers  of  stationary 
engines  within  the  corporate  limits  of  the  city,  and  to  regulate  the 
inspection  of  boilers  of  stationary  engines  therein. 

WIRING  IN  STREETS  AND  BUILDINGS  TO  BE  REGULATED  BY  ORDINANCE 
—BUILDING    OF  CONDUITS   AND   RENTAL   OF. 

(Sec.  •/•/.)  Par.  27.  The  Common  Council  shall  have  the  power 
to  regulate  by  ordinance  the  business  of  stringing  wires  in  the  streets 
and  public  places  of  said  city  for  the  purpose  of  conducting  electric 
currents,  and  regulate  the  business  of  wiring  buildings  for  conducting 
electric  currents  into  and  through  the  same;  to  provide  a  series  of 
conduits  under  the  streets,  lanes,  alleys  and  public  places  of  the  city, 
or  any  part  or  parts  thereof,  for  the  use  of  telephone,  telegraph,  elec- 
tric light  and  other  wires,  or  for  other  purposes,  either  by  constructing 
the  said  conduits  or  authorizing  their  construction  by  others  on  such 
terms  and  conditions  as  the  Common  Council  may  impose,  and  to 
regulate  and  control  the  use  of  such  conduits  and  prescribe  and  estab- 
lish reasonable  rentals  to  be  paid  by  any  person  or  company  using  any 
of  said  conduits  by  whomsoever  the  same  may  be  constructed  for  the 
use  thereof,  and  to  provide  for  the  collection  of  such  rentals  in  addi- 
tion to  the  ordinary  processes  by  such  summary  methods  as  it  may 
deem  proper.  If  any  such  grant  be  made  to  any  person,  firm  or  cor- 
poration, such  grantee  shall -not  have  the  power  to  sublet  the  same  or 
the  use  of  the  same  to  any  person,  firm  or  corporation  engaged  in 
selling,  hiring,  leasing  or  otherwise  receiving  any  income  from  the 
business  or  purposes  for  which  it  desires  to  use  such  conduits  with- 
out such  person,  firm  or  corporation   first  obtaining,  as   provided  in 

30 


this  act,  a  franchise  for  such  business,  purpose  or  use.  The  Common 
Council  shall  also  have  the  power  to  cause  persons  engaged  in  the 
erection  and  maintenance  of  such  wires  and  the  wiring  of  buildings  to 
submit  plans  and  specifications  in  that  regard  to  the  city  electrician 
for  his  approval  thereof. 

SETTLING   OF  ACCOUNTS   BY   CITY. 

(Sec.  78.)  Par.  28.  The  Common  Council  shall  settle  and  allow 
all  accounts  and  demands  properly  chargeable  against  said  city,  as 
well  to  its  officers  as  other  persons,  and  have  authority  to  provide 
means  for  the  payment  of  the  same,  and  for  defraying  the  contingent 
expenses  of  said  city  subject  only  to  the  limitations  and  restrictions 
in  this  act  contained. 

BONDS    AND    BONDED    INDEBTEDNESS— PROVISION    FOR    PAYilENT    OF. 

(Sec.  79.)  Par.  29.  The  Common  Council  shall  in  each  year  pro- 
vide for  the  payment  of  the  interest  on  the  bonded  debt  and  all  other 
liabilities  drawing  interest,  by  taxation  levied  upon  the  real  estate  and 
personal  property  in  the  city  not  exempt  from  taxation  by  the  gen- 
eral laws  of  the  state,  and  upon  all  the  personal  property  of  residents 
of  the  city  not  exempt  from  taxation  by  such  general  laws,  if  other 
resources  are  insufficient,  and  it  shall  provide  for  the  prompt  payment 
of  such  indebtedness  or  other  liabilities  as  they  mature.  The  Common 
Council  may  issue  new  bonds  for  the  purpose  of  meeting  the  prin- 
cipal of  said  matured  bonds  bearing  interest  at  not  to  exceed  five 
per  cent,  per  annum,  and  not  having  more  than  twenty  years  to  run, 
and  dispose  of  the  same,  or  it  may  in  its  discretion  levy  and  collect 
a  tax  not  exceeding  two  mills  on  a  dollar,  in  any  one  year  on  the  real 
and  personal  property  in  the  city  as  aforesaid  to  apply  on  such  bonded 
indebtedness. 

BONDING   FOR   PUBLIC   BUILDINGS. 

(Sec.  80.)  Par.  30.  For  the  purpose  of  purchasing  sites  for  and 
constructing  a  city  almshouse,  city  hall,  city  market,  or  any  other 
public  building,  or  for  constructing  or  rebuilding  bridges  or  viaducts 
within  the  corporate  limits  of  the  city  of  Grand  Rapids,  the  Common 
Council  may  borrow  on  the  faith  of  the  city  such  sums  of  money  for 
any  such  purposes  aforesaid,  as  it  may  deem  expedient  for  a  term  not 
exceeding  twenty  years  and  at  a  rate  of  interest  not  exceeding  five 
per  cent,  per  annum,  and  for  such  purpose  it  may  issue  the  bonds  of 
the  city  signed  by  the  Mayor  and  countersigned  by  the  City  Comp- 
troller, in  such  form  and  sums  as  the  Common  Council  may  direct. 
Such  bonds  shall  be  disposed  of  under  the  direction  of  the  Common 
Council  of  the  citj^  upon  such  terms  as  it  deems  advisable,  but  not  for 
less  than  the  par  value  thereof,  and  the  avails  shall  be  used  for  the 
purpose  for  which  the  same  were  issued  and  for  no  other  purpose. 

QUESTION  OF  BONDING  TO  BE   SUBIVHTTED  TO  ELECTORS — EXCEPTIONS. 

(Sec.  81.)  Par.  31.  Nothing  in  the  preceding  section  shall  be  so 
construed  as  to  authorize  the  incurring  of  any  such  bonded  indebted- 
ness against  the  city,  except  as  otherwise  expressly  provided  for  in 
this  act,  unless  the  qualified  electors  of  the  city,  voting  in  their  respec- 
tive wards  upon  the  question  of  bonding  the  city  for  any  such  purpose 
at  any  regular  election,  or  at  a  special  election  called  for  the  purpose  of 
voting  upon  such  question,  shall  have  authorized  the  incurring  of  such 
bonded  indebtedness  by  a  majority  of  their  votes  cast  on  any  such 
question:     Provided.  That  bonds  issued  for  the  purpose  of  renewal  of 

31 


former  bonds  or  loans  and  bonds  issued  to  raise  money  for  the  cur- 
rent expenses  of  the  city,  authorized  by  this  act,  and  street  or  sewer 
improvement  or  school  bonds  need  not  be  submitted  to  the  electors  as 
aforesaid. 

BONDfS— YEARLY— CURRENT    EXPENSES— P.AJD   iOR    BY   ASSESSMENT. 

(Sec.  82.)  Par.  32.  The  Common  Council  may  borrow  tempor- 
arily on  the  faith  of  the  city  a  sum  not  exceeding  fifty  thousand  dol- 
lars in  any  one  year,  at  a  rate  of  interest  not  exceeding  five  per  cent, 
per  annum,  for  the  purpose  of  paying  that  portion  of  the  expenses 
and  liabilities  of  said  city  for  the  current  year,  which,  for  any  reason, 
the  revenues  thereof  shall  not  be  sufficient  to  meet,  which  said  amount 
so  borrowed  shall  be  assessed  and  collected  in  the  general  assess- 
ment roll  for  the  ensuing  year,  and  for  such  purpose  may  issue  the 
bonds  of  the  city  for  a  period  not  longer  than  one  year,  signed  by  the 
Mayor  and  countersigned  b}-  the  Comptroller,  and  with  the  seal  of 
the  city  affixed  thereto,  and  in  such  form  and  for  such  sums,  under 
the  limitations  herein  contained,  as  the  Common  Council  shall  direct; 
and  such  bonds  shall  be  disposed  of  under  the  direction  of  said  Com- 
mon Council,  upon  such  terms  as  it  shall  deem  advisable,  but  not 
for  less  than  their  par  value,  and  the  avails  thereof  shall  be  applied 
to  the  purposes  in  this  section  mentioned  onl}^ 

BORROWIN(i  OE  MONEY  BY  COUNCIL,. 

(Sec.  83.)  Par.  33.  It  shall  not  be  lawful  for  the  Common  Coun- 
cil, except  as  herein  otherwise  provided,  to  borrow  money  or  author- 
ize the  creation  of  any  liability  or  indebtedness  against  said  city  in 
any  one  year  exceeding  in  the  aggregate  the  amount  which,  by  this 
act,  may  be  raised  by  tax  for  such  year,  and  in  case  any  sum  or  sums 
of  money  shall  be  borrowed  by  the 'Common  Council  in  any  one  year, 
or  any  officer  thereof  shall  enter  into  any  contract  or  contracts  for 
the  payment  of  moneys  binding  upon  said  city,  the  same  shall  be  paid 
out  of  the  sums  raised  by  tax  for  such  year,  if  the  payment  thereof  is 
not  otherwise  provided,  and  all  sums  of  monej^  borrowed  by  said  city 
shall  be  applied  to  the  purposes  for  which  the  same  was  borrowed,  and 
for  no  other  purpose  whatsoever;  but  nothing  in  this  act  contained 
shall  be  construed  to  prohibit  said  Common  Council  from  making 
assessments  and  lev3nng  and  collecting  taxes  for  the  purposes  of  local 
improvements. 

TAXATION    FOR    MEETING    LIABILITIES    INCURRED    BY    CITY. 

(Sec.  84.)  Par.  34.  For  the  purpose  of  defraying  the  expenses 
and  meeting  the  non-interest  bearing  liabilities  incurred  by  the 
city,  and  for  highway  and  sewer  purposes,  and  for  the  pur- 
pose of  creating  and  replenishing  the  funds  provided  for  in  this 
act,  the  Common  Council  may  raise  annually  by  taxation  levied  upon 
the  real  and  personal  property  in  the  city,  not  exempt  from  taxation 
by  the  general  laws  of  the  state,  and  upon  all  the  personal  property 
of  residents  of  the  city  not  exempt  from  taxation  by  such  general 
laws,  such  sum  as  it  may  deem  necessary,  not  exceeding  one  per  cent, 
on  the  valuation  of  the  real  and  personal  property  according  to  the 
valuation  taken  from  the  assessment 'rolls  for  the  year  preceding  the 
levying  of  such  tax;  the  sum  or  sums  of  money  to  be  raised  shall  be 
proportioned  between  the  several  wards  of  the  city  in  the  manner  in 
this  act  specified:  Provided,  That  such  limitation  shall  not  apply  to 
the  raising  of  any  sum  of  money  necessary  to  be  raised  by  taxation 
upon  such   real  estate  and  personal  property  for  the  purpose  of  pay- 


ing  the  principal  of  anj'^  b(9nded  indebtedness  of  the  city,  arising  fron> 
a  loan  for  the  term  of  a  j-ear  or  years,  or  the  interest  thereon,  or  both 
principal  and  interest  according  to  the  terms  of  such  indebtedness. 

Bril.niNliS,   FENCES,  ETC.,  CONSIDERED  DANGEROrS  TO  BE  REMOVED  BV 
ORDER    OF   COUNCIL. 

(Sec.  cS5.)  Par.  .35.  Whenever,  in  the  opinion  of  the"  Common 
Council,  any  fence,  building,  erection  of  anj-  kind,  or  any  part  thereof 
is  liable  to  fall  wherebj^  persons  and  property  are  endangered,  it  may 
order  the  owner  of  the  real  estate  upon  which  such  building,  fence  or 
other  erection  stands,  to  take  down  the  same,  or  any  part  thereof, 
within  such  time  as  it  may  require.  In  case  such  order  is  not  complied 
with  the  city  ma}'  cause  the  same,  or  any  part  thereof,  to  be  taken 
down  at  the  expense  of  the  city  on  account  of  the  owner,  and  assess 
the  expense  thereof  on  the  real  estate  on  which  such  building,  fence, 
or  erection  stood,  and  enforce  payment  thereof  in  accordance  with 
the  provisions  of  Title  VI.  of  this  act.  In  case  the  owner  of  the  real 
estate  is  a  non-resident  of  the  city,  the  order,  if  not  immediate  in  its 
terms,  may  be  served  upon  any  occupant  of  the  real  estate,  or  if  there 
is  no  occupant  thereof,  the  same  may  be  published  in  one  of  the  offi- 
cial papers  of  the  city  for  such  time  as  the  Common  Council  may 
direct,  or  posted  in  some  conspicuous  place  on  said  premises. 

CITY   PRINTINtJ— HOW   TO   LET. 

(Sec.  86.)  Par.  36.  The  Common  Council  of  the  city  shall  an- 
nually contract  with  the  publisher  or  publishers  of  one  or  more  daily 
or  weekly  newspapers  published  and  circulated  therein,  to  do  the 
printing  of  said  city,  or  some  portion  thereof,  which  contract  shall 
be  let, if  to  weekly  newspapers, to  the  lowest  bidder  therefor,  of  the  pro- 
prietor of  the  weekly  newspaper  or  such  weekly  newspaper  as  the  Coun- 
cil may  select  from  such  bidders;  and  if  to  a  daily  newspaper,  to  the  low- 
est bidder  therefor,  of  the  proprietor  of  the  daily  newspapers  in  said 
city.  It  shall  be  discretionary  with  the  Common  Council  to  let  one  part 
of  said  printing  to  a  weekly  newspaper  and  other  parts  to  a  daily  news- 
paper of  said  city.  Such  newspaper  or  newspapers,  during  the  con- 
tinuance of  such  contract  shall  be  known  as  the  ofificial  newspaper 
or  newspapers  of  the  city.  In  letting  such  contracts  the  Common 
Council  shall  have  power  to  reject  any  or  all  bids  therefor,  whenever 
in  the  judgment  of  a  majority  of  said  Common  Council  the  public 
interests  of  the  city  may  require. 

EVIDENCE  OF  TITLE  TO  REALTY— MAPS,  ETC. 

(Sec.  87.)  Par.  2>7-  It  shall  be  the  duty  of  the  Common  Council 
to  adopt  by  ordinance  or  otherwise,  such  measures  as  it  may  deem 
expedient  to  perpetuate  the  evidence  of  title  to  real  estate  in  said  city, 
by  the  preservation  of  maps,  plats,  records  and  papers  relating  thereto 
or  b}^  duly  certified  copies  thereof,  which  when  certified  to  and  filed  as 
prescribed  by  ordinance  or  otherwise,  shall  be  received  in  evidence 
in  all   courts  and  proceedings. 

M.4RKET   AND  PUBLIC   BUILDINGS   .4ND   (iROUNDS  IN   CHARGE   OF  COUN- 
CIL—EXCEPTIONS. 

(Sec.  88.)  Par.  38.  The  Common  Council  shall  have  charge  and 
control  of  the  market  buildings  and  market  grounds  of  the  city  and 
of  all  public  buildings  and  the  grounds  thereof,  and  of  all  other  public 
grounds  and  public  places  in  the  city  (except  public  school  buildings 

33 


and  public  school  grounds  or  other  properties,  which  under  this  act 
are  especially  given  to  the  control  of  municipal  boards  of  the  city.)  It 
shall  be  the  duty  of  the  Common  Council  to  keep  said  buildings  and 
the  grounds  thereof  in  such  shape  and  repair  as  will  conduce  to  the 
convenient  and  profitable  use  thereof.  The  Common  Council  shall 
have  power  to  employ  all  needful  help  upon  such  grounds  and  places 
and  in  such  buildings  as  it  may  deem  necessary  for  the  proper  care 
and  supervision  of  the  same,  and  also  expend  such  moneys  in  relation 
thereto  as  it  may  deem  advisable. 

FIRKWOKKS,  GUNPOWDER,  FIRE  ARMS,  ETC.— USE  AND  CARE  OF— 
BONFIRES. 

(Sec.  8g.)  Par.  39.  The  Common  Council  may  regulate  the  buy- 
ing, carrying,  storing,  selling  and  using  of  gunpowder  and  fire  crack- 
ers and  fireworks  manufactured  or  prepared  therefrom,  and  all  other- 
combustible  or  explosive  substances;  the  exhibition  of  fireworks,  the 
discharge  of  firearms,  and  the  lights  in  barns,  stables,  and  other  build- 
ings, and  restrain  the  making  of  bonfires  at  any  place  within  the 
limits  of  the  city. 

NIGHT  WATCHMEN— HAZARDOUS  BUELDINGS. 

(Sec.  90.)  Par.  40.  The  Common  Council  shall  have  power  by 
ordinance  or  otherwise  to  require  the  owner  or  occupant  of  any  build- 
ing in  the  city,  which  is  extra  hazardous  in  respect  to  fire,  to  provide 
a  night  watchman  for  such  building,  at  the  expense  of  the  owner  or 
occupant,  such  night  watchman  to  be  on  duty  during  such  portions 
of  the  year  and  during  such  hours  as  the  Common  Council  shall 
designate  in  any  given  case.  If  such  owner  or  occupant  shall  refuse 
or  neglect  to  pay  for  the  service  of  such  watchman  for  sixty  days  after 
the  time  for  payment  fixed  by  the  Common  Council  has  passed,  the 
city  may  cause  payment  for  such  service  to  be  made  and  the  sum  so 
paid  shall  be  a  lien  upon  the  building  and  premises  upon  which  it  is  sit- 
uated until  paid;  and  such  sum  shall  be  assessed  upon  such  building 
or  premises  and  collected  in  accordance  with  the  provisions  of  this 
act  for  the  assessment  and  collection  of  the  expense  of  constructing 
and  repairing  sidewalks. 

COLLiECTION   OF   ASSESSMENTS. 

(Sec.  91.)  Par.  41.  In  all  cases  where  the  ordinances  or  reso- 
lutions of  the  Common  Council  shall  require  anything  to  be  done  in 
respect  to  the  property  of  the  several  persons  in  the  manner  provided 
for  in  the  preceding  sections,  the  expense  thereof  may  be  included  in 
one  assessment  and  the  several  pieces  of  real  estate,  in  respect  to 
which  the  several  expenses  shall  have  been  incurred,  shall  be  briefly 
described  in  the  manner  required  in  the  assessment  roll  for  the  gen- 
eral expenses  of  the  city,  the  sum  of  money  assessed  to  each  owner 
of  real  estate  shall  be  the  amount  expended  in  performing  such  work 
upon  such  real  estate,  together  with  a  ratable  proportion  of  the  ex- 
penses of  assessing  and  collecting  the  money  expended  in  performing 
the  work  on  said  several  pieces  of  real  estate  as  aforesaid.  The  col- 
lection of  the  assessments  specified  in  the  preceding  sections  of  this 
title  shall  be  in  made  in  accordance  with  the  provisions  of  Title  VI.  of 
this  act. 


34 


Trn.K  IV. 

FRANCHISES  AND  MUNICIPAL  OWNERSHIP. 


GRANTING   OF   RIGHTS   IN   STREETS   BY   COMMON   COUNCFL. 

(Section  loo.)  Par.  i.  The  Common  Council  may  by  ordinance 
adopted  by  the  affirmative  vote  of  two-thirds  of  all  the  Aldermen 
elect,  grant  rights  in,  over,  upon  or  under  any  street,  allej^  or  public 
place  for  the  purpose  of  constructing  or  operating  street  railways, 
railways,  or  for  telephoning  or  telegraphing,  or  transmitting  electri- 
city, or  transporting  by  pneumatic  tubes,  or  for  constructing  conduits, 
or  for  furnishing  to  the  city  or  its  inhabitants,  or  any  portion  thereof, 
water,  light  or  heat,  or  for  any  other  public  purpose,  but  subject 
always   to   the   limitations   and   conditions   herein   contained. 

KEFEREXnrM— FR.\NCHISES    AND    GRANTS— WHEN    PETITIONS    AGAINST 
—SUBMITTED  TO  ELECTORS. 

(Sec.  lor.)  Par.  2.  No  franchise,  whether  an  original  grant, 
extension  or  amendment  shall  become  operative  where  a  petition  is 
filed  with  the  city  clerk  within  thirty  days  after  the  first  publication 
of  the  ordinance  granting  the  same,  signed  by  not  less  than  fifteen  per 
cent,  of  the  qualified  voters  of  the  city,  as  shown  by  the  vote  at  the 
last  preceding  general  citj'  election,  asking  for  submission  of  the 
question  of  granting  such  franchise  to  a  popular  vote,  until  such  ques- 
tion shall  be  so  submitted  at  a  general  city  election  or  a  special  elec- 
tion called  for  that  purpose.  No  grantee  of  a  franchise  or  a  privilege 
shall  be  entitled  to  assign  or  sublet  the  same,  or  allow  any  other 
to  use  the  same  without  the  consent  of  the  city  by  ordinance  duly 
passed,  which  ordinance  shall  be  subject  to  the  referendum  provided 
for   in   this   paragraph. 

WHEN   TO  TAKE  EFFECT- PRICE   TO  BE   FIXED— LENGTH   OF  TIME- 
ADVERTISING    OF— FORFEITURE. 

(Sec.  102.)  Par.  3.  The  maximum  price  for  the  service  or  charge 
shall  be  stated  in  said  ordinance.  No  franchise  shall  be  granted  for 
a  longer  period  than  twentj^  years.  No  ordinance  granting  any  fran- 
chise shall  take  effect  within  thirty  days  after  the  first  publication 
thereof.  In  case  the  ordinance  is  an  amendment  to  or  is  supplemental 
to  an  existing  ordinance,  such  amended  or  supplemental  ordinance 
shall  terminate  at  the  time  limited  in  the  original  ordinance.  No  ap- 
plication for  a  renewal  of  an  existing  ordinance  shall  be  made  except 
during  the  last  year  for  which  said  ordinance  runs.  No  franchise 
shall  be  granted  without  fair  compensation  to  the  city  therefor,  and 
in  addition  to  the  other  forms  of  compensation  to  be  therein  pro- 
vided, the  grantee  may  be  required  to  pay  annuall}^  to  the  city  such 
percentage  of  the  gross  receipts  arising  from  the  use  of  such  fran- 
chise and  of  the  plant  used  therewith  as  may  be  fixed  in  the  grant  of 
such  franchise.  But  this  provision  shall  not  exempt  the  grantee  from 
any  lawful  taxation  upon  his  property,  nor  from  any  licenses,  charges 


or  impositions  not  levied  on  account  of  such  use.  All  franchises 
shall  be  subject  to  taxation  as  an  asset  apart  from  the  physical  prop- 
erties of  such  utilities.  No  franchise  shall  be  granted  which  shall  not 
by  its  terms  go  into  effect  within  one  year  .after  its  passage.  Failure 
on  the  part  of  the  grantee  to  place  in  actual  operation  the  business 
covered  by  his  franchise  for  one  year  shall  work  a  forfeiture  of  such 
franchise.      No  perpetual   franchise   shall   ever  be   granted. 

TO    .\CQUIRK    MINICIPAI.    OWNKRtSHIP— MANNER    OF    PKOCEDl'RE. 

(Sec.  103.).  Par.  4.  Every  grant  of  a  franchise  or  right,  and 
every  contract  therefor  made  or  granted  under  the  provisions  of  this 
charter  shall  provide  that  at  the  expiration  of  the  term  or  period 
for  which  it  is  made  or  granted,  or  at  any  time  before  stated  in  the 
ordinance,  the  city,  at  its  election,  and  upon  the  payment  therefor 
of  a  fair  valuation  thereof  to  be  made  in  the  manner  provided  in  the 
grant  or  contract,  may  purchase  and  take  over  to  itself  the  property 
and  plant  of  the  grantee  in  its  entirety;  but  in  no  case  shall  the  value 
of  the  franchise  of  the  grantee  be  considered  or  taken  into  account 
in  fixing  such  valuation.  Or  such  grant  and  contract  may  provide  that 
such  propert\^  shall  become  the  property  of  the  city  without  any  com- 
pensation to  the  grantee  at  the  expiration  of  said  franchise;  provided, 
however,  that  before  the  cit}-  shall  have  authoritj'  to  take  over  such 
])lant  or  property  the  question  whether  or  not  the  city  shall  acquire  or 
take  such  plant  and  property  shall  lirst  be  submitted  to  the  voters  of 
the  city  in  accordance  with  the  provisions  of  section  116.  paragraph  17, 
,.f  this  Title. 

Proceedings  to  take  cn-er  such  utility  must  be  instituted  within 
one  year  of  the  expiration  of  such  franchise^,  or  the  period  stated  in 
said  ordinance,  and  su.fficient  time  before  the  expiration  of  such  per- 
iod so  that  if  a  special  election  is  required  to  be  held  to  pass  upon 
such  question,  the  same  can  be  held  at  least  six  months  prior  to  such 
period.  Every  grant  reserving  to  the  city  the  right  to  acquire  the 
plant  of  said  grantee  shall  further  provide  that  upon  the  payment  by 
the  city  of  such  valualinn,  the  plant  and  property  shall  become  the 
property  of  the  city  by  virtue  of  the  grant  in  payment  thereunder, 
and  without  the  executirm  (if  any  instrument  or  conveyance.  E'very 
franchise  ordinance  shall  contain  adequate  provision  by  way  of  for- 
feiture of  the  grant,  or  otherwise,  for  the  effectual  securing  of  suffi- 
cient and  efficient  service,  and  for  the  maintenance  of  the  property  in 
good  c:irdcr  and  repair  throughout  the  term  of  the  grant. 

CITY  3IAY  SUB-LET  OR  LEASE— EEN(iTH   OF  TOIE. 

(Sec.  104.)  Par.  5.  If  by  virtue  of  the  foregoing  provisions  anj' 
plant  shall  become  the  property  of  the  city  of  Grand  Rapids,  the  city 
shall  have  the  option  either  to  take  and  operate  the  same  on  its  own 
account,  or  to  lease  the  saiiie  fr.r  a  period  not  exceeding  twenty  years 
under  such  rules  and  regulations  as  the  council  may  prescribe,  or  to 
sell  the  same  to  the  highest  bidder  at  public  sale;  provided  such  pro- 
position of  sale  shall  be  submitted  as  provided  in  section  116,  para- 
graph   T/,  of  this  Title'. 

OFFIC1.4L    PFBLirATIOX    OF. 

(Sec.  105.)  Par.  6.  Ever}-  ordinance  by  which  the  Common 
Council  shall  propose  to  grant  any  franchise  shall  contain  all  the 
terms  and  conditions  of  the  franchise  to  be  granted,  and  shall  be  pub- 
lished verbatim  in  an  official  paper  of  the  city  at  least  once  a  week 
for  six  successive  weeks  before   taking  effect. 

36 


COMMOX  COUNCIL  POWERS  TO  REGIXATK  AXO  CONTKOI.. 

(Sec.  io6.)  Par.  7.  The  Common  Council  shall  have  the  power 
to  regulate  and  control  the  exercise  by  any  corporation  of  any  fran- 
chise exercised  on,  in  and  over  the  streets  or  public  places  of  the  citj- 
whether  such  franchise  has  been  granted  by  the  city  or  bj'  and  under 
the  laws  of  ^lichigan. 

ANNUAL   STATEMENTS   TO   BE    FILED— rENALTY. 

(Sec.  107.)  Par.  8.  Every  corporation  or  person  exercising  an}- 
franchise  in  the  city  of  Grand  Rapids  shall  fde  annually  on  the  first 
Monday  in  April  in  the  office  of  the  city  clerk  a  statement  subscribed 
and  sworn  to  bj^  at  least  two  officers  of  such  corporation,  or  by  the 
individual  in  control,  setting  forth  in  detail  for  the  preceding  calendar 
3'ear  the  then  actual  cost  of  the  plant  or  business  operated  by  such 
corporation  or  persons,  the  actual  encumbrances,  debts  or  obliga- 
tions thereon,  if  any,  the  amount  of  stock  issued  and  to  whom  issued, 
and  the  consideration  therefor,  the  gross  earnings,  the  expenses  and 
nature  thereof  and  the  net  income  after  deducting  all  proper  costs 
and  expenses,  the  names  and  residences  and  the  amount  of  stock  of 
all  stockholders,  and  if  any  bonds  have  been  redeemed  and  not  can- 
celled, that  fact  shall  also  be  stated.  Every  such  corporation  or  per- 
son who  fails  to  complj'  with  the  provisions  of  this  section  shall  be 
liable  to  the  city  in  the  sum  of  one  hundred  dollars  for  each  day 
of  such  failure,  to  be  recovered  in  an  action  of  assumpsit  in  the  Su- 
perior Court,  and  at  the  end  of  sixt}'  daj's,  if  such  default  shall  con- 
tinue, shall  forfeit  such  franchises. 

ACCEPTANCE  OF  FRANCHISE— WHERE  TO  BE  FILED. 

(Sec.  108.)  Par.  9.  Every  grantee  of  every  franchise  shall  file 
in  the  office  of  the  city  clerk  a  written  acceptance  of  the  same  within 
sixty  days  of  the  time  said  franchise  is  granted  by  the  Common 
Council,  or  within  thirty-  days  from  the  time  the  same  is  approved 
by  the  people  if  voted  upon,  and  in  default  thereof,  all  rights  under 
said  franchise  shall  lapse;  such  acceptance  shall  be  unqualified  and 
shall  be  construed  to  be  an  acceptance  of  all  the  terms,  conditions 
and  restrictions  contained  in  the  ordinance  granting  the  same,  as 
well  as  the  provisions  of  this  charter. 

>r.\INTEN.ANCE    AND    REPAIRS    OF   STREETS. 

(Sec.  109.)  Par.  10.  Street  railway  and  other  railway  and  tram- 
way franchises  shall  provide  that  the  grantee  shall  keep  those  por- 
tions of  the  streets  and  other  places  occupied  by  said  railways  in 
good  repair  and  as  required  by  the  Council,  and  shall  plank,  pave,  re- 
pave,  reconstruct,  or  otherwise  improve,  or  repair  or  maintain  in  good 
condition,  and  in  the  manner  directed  by  the  Common  Cotmcil,  the 
whole,  or  any  portion  of  the  streets  along  or  over  which  said  rail- 
way shall  be  constructed  lying  between  the  rails  of  anj^  track  thereof, 
and  extending  one  foot'  outside  of  such  rails,  and  also  the  portion 
lying  between  any  two  tracks:  or  it  may  be  stipulated  in  the  fran- 
chise ordinance  that  the  grantee  shall  pave,  re-pave  and  keep  in 
repair,  as  required  by  the  Council,  the  streets  used  by  such  road  from 
curb  to  curb. 

JOINT  USE  OF  TRACKS,  ETC.,  PROVIDED. 

(Sec.  no.)  Par.  11.  Every  franchise  ordinance  to  a  street  or 
tram  railway,  or  to  a  railroad  using  the  streets  of  said  city,  shall  pro- 
vide that  any  other  railroad  company. may  use  said  track  or  tracks 

37 


in  common  with  the  grantee  upon  obtaining  the  consent  of  the  council 
expressed  by  ordinance,  each  paying  an  equitable  and  proper  portion 
for  the  construction  and  repair  of  the  tracks  and  appurtenances  used 
bj'  such  railroad  companies. 

FEXIXCJ   OF   RATES   BY   COMMON    COITXCIL   OR   ARBITRATION. 

(Sec.  III.)  Par.  12.  Every  grant  of  a  franchise  which  pro- 
vides for  the  changing  of  rates,  fares  and  charges  shall  contain  a 
provision  fixing  the  maximum  rate  of  fares,  rates  and  charges,  which 
the  grantee,  his.  its  or  their  successors  or  assigns  can  charge  or  col- 
lect for  services  rendered  or  performed  by  virtue  of  and  during  the 
life  of  such  franchise  and  the  operation  of  his  or  its  plant  or  property 
thereunder;  and  said  grant  may  also,  or  in  addition,  provide  that  the 
Council'  reserve  the  right  to  "thereafter  from  time  to  time  change, 
alter,  regulate  and  fix  fares,  rates  or  charges  which  the  grantee,  his, 
its  or  their  successors  or  assigns  can  charge  or  collect  thereunder 
during  the  life  of  such  grant  or  franchise.  This  may  be  done  by 
direct"  action  of  the  Common  Council  or  by  reference  to  arbitrators. 
But  such  price  shall  be  fair  and  reasonable  to  the  grantee  and  the 
public. 

WAIVERS. 

(Sec.  1-12.)  Par.  13.  The  Council  cannot  waive  any  of  the  pro- 
visions of  this  Title.  In  case  a  franchise  does  not  cover  the  provi- 
sions herein  contained,  such  omission  shall  not  be  considered  a 
waiver  thereof.  All  the  provisions  of  this  Title  shall  be  considered  a 
part  of  every  franchise  hereafter  granted,  and  of  all  renewals  or 
extensions  of  franchises. 

MUNICIPAT.   OWNERSHIP. 

(Sec.  113.)  Par.  14.  The  Council  shall  have  power  to  acquire 
by  purchase,  or  to  construct  and  maintain  water  works,  electric  light 
works,  gas  works,  steam,  water  or  electric  power  works,  stearn  or 
hot  water  or  electric  heating  works,  telephone  and  telegraph  lines, 
street  railway  tracks,  subways  and  conduits,  bridges,  viaducts, 
wharves,  and  docks,  markets  and  market  houses,  garbage  collection 
and  garbage  disposal  and  reduction  plants,  and  such  other  public 
utilities  as  the  Council  may  designate,  and  to  acquire  all  property, 
real  or  personal,  necessary  therefor,  and  to  maintain  and  operate  the 
same,  or  lease  the  same  to  other  corporations  or  individuals  for  the 
purpose  of  maintenance  and  operation. 

ACQUIRING    OF    PUBLIC    ITII.ITV— ESTIMATE    ON— PUBLICATION    OF. 

(Sec.  114.)  Par.  15.  Before  acquiring  any  public  utility  not 
owned  by  the  city  at  the  time  this  act  takes  efifect.  the  Council  must 
by  a  two-thirds  vote  of  all  members  elect,  procure  through  the  board 
of  public  works,  plans  and  estimates  of  the  cost  of  construction  and 
completion  of  any  public  utility  proposed  to  be  acquired.  The  esti- 
mated cost  so  ascertained  shall  be  published  in  one  of  the  official 
papers  of  the  city  once  a  week  for  six  successive  weeks  before  any 
further  steps   are  taken. 

OFFERS    FOR    SALE    OF— SUBMITTING    TO    ELECTORS— BOND. 

(Sec.  115.)  Par.  16.  The  Council  shall  thereupon  and  before  sub- 
mitting the  proposition  to  the  electors  as  hereinafter  provided,  soli- 
cit,  and   consider  offers   for  the   sale  to  the  city   of  existing  utilities, 

38 


if  any,  covering  the  subject  matter.  The  Council  shall  have  authority 
to  enter  into  a  provisional  agreement  for  the  acquisition  of  any  such 
existing  utility,  but  such  provisional  agreement  shall  not  be  adopted 
by  the  Council  until  all  the  terms  and  conditions  thereof  have  been 
published  in  the  same  manner  as  provfded  in  the  preceding  section; 
and  its  adoption  by  the  Common  Council  shall  be  subject  to  ratifica- 
tion by  vote  of  the  people,  as  hereinafter  provided.  Before  such 
provisional  agreement  is  submitted,  a  good  and  sufficient  bond  run- 
ning to  the  city,  to  be  approved  by  the  Council,  shall  be  exacted 
from  the  party  thus  agreeing  to  contract  with  the  city,  conditioned 
for  the  fulfillment  of  such  provisional  contract  in  case  it  is  approved 
by  the  people. 

DURATION  OF  PUBLICATION — COUNCIL  MAY  ACT  BY  ORDINANCE— VOTE 
OF  PEOPLE. 

(Sec.  ii6.)  Par.  17.  In  case  a  proposition  is  secured  from  the 
owner  or  owners  of  such  utility,  and  such  bond  is  filed,  or  in  case  the 
Council  fails  to  secure  such  proposition  within  thirty  days  from  the 
last  publication  of  the  estimate,  or  in  case  there  be  no  such  utility 
in  actual  operation,  the  Common  Council  may  take  final  action  by 
ordinance,  determining  to  acquire  or  construct  the  particular  utility 
imder  consideration;  provided,  however,  that  before  such  ordinance 
be  binding  upon  the  city,  it  shall  be  submitted  to  a  vote  of  the  quali- 
fied electors  for  ratification  or  rejection  at  the  next  general  city 
election,  or  a  special  election  called  for  that  purpose.  No  ordinanc  so 
submitted  to  a  vote  of  the  people  shall  embrace  more  than  one  of  the 
purposes  enumerated  in  paragraph  14  of  this  Title,  but  several  ordin- 
ances may  be  submitted  separately  at  any  one  election.  If  an  issue 
of  bonds  by  the  city  shall  be  necessary  to  carrj^  out  any  proposition 
so  submitted,  the  question  of  the  issuance  of  such  bonds  and  the 
amount  thereof  may  be  submitted  as  a  part  of  the  proposition.  Or 
such  bonding  proposition  may  be  submitted  at  a  later  general  or 
special  election.  A  majority  of  the  electors  voting  thereon  shall  be 
necessary  to  ratify  such  ordinance  or  to  authorize  said  bonds. 

ORDINANCES  BY  COUNCIL  TO  BE  CARRIED  INTO  EFFECT  SAME  AS 
CONTRACTS. 

(Sec."  117.)  Par.  t8.  The  ordinance  of  the  Common  Council,  if 
ratified  by  the  people,  shall  be  carried  into  effect  in  accordance  with 
the  regulations  as  to  contracts  in  this  charter;  and  if  an  issue  of  bonds 
be  required,  said  issue  shall  be  made  in  accordance  with  this  charter. 

PURCHASE  PRICE  AND  MANNER  OF  PAYMENT  LISnTED. 

(Sec.  118.)  Par.  19.  In  case  it  is  proposed  to  obtain  b}^  pur- 
chase an  existing  plant,  the  Common  Council  shall  not  in  the  pro-, 
visional  agreement,  agree  to  pay,  nor  shall  it  pay  for  such  plant  more 
than  ten  per  cent,  in  excess  of  the  estimated  cost  of  reproducing  such 
plant  at  the  time  of  such  purchase.  Where  a  provisional  agreement 
has  been  made  and  ratified  by  a  vote  of  the  people,  the  Common  Coun- 
cil shall  not  expend  for  the  purpose  set  forth  in  such  agreement  a 
sum  in  excess  of  the  sum  therein  named. 

SALE  OF  ANY  MUNICIP.\L  PL.\NT— TO  BE  PUBLISHED— SUBJECT  TO  VOTE 
OF  PEOPLE. 

(Sec.  119.)  Par.  20.  No  municipal  service  plant  owned  bj'  the 
city,  whether  acquired  prior  to  the  adoption  of  this  charter  or  there- 
after,   shall    be    sold,    leased,    or    otherwise  "disposed    of,    by    the    city 

39 


unless  the  full  terms  of  the  proposition  of  said  sale,  or  other  disposi- 
tion thereof,  together  with  the  price  to  be  paid  therefor,  shall  have 
been  published  in  one  of  the  official  papers  of  said  city  once  a  week 
for  six  successive  weeks  before  final  action  of  the  Common  Council, 
and  submitted  to  a  vote  of  the  people  for  ratification  or  rejection  at 
the  next  city  election  or  at  a  special  election  for  that  purpose  and 
ratified   by  a  majority  of  all   the   electors   voting  thereon. 

RECORI>  OF  ACCOUNT.S  TO  BE  KEPT  IN  DETAIL. 

(Sec.  I20.)  Par.  21.  The  books  of  account  shall  give  a  clear 
and  unmistakable  record  of  the  financial  history  of  such  utility,  in- 
cluding the  original  cost  of  construction,  the  cost  of  maintenance  and 
repair  in  detail,  the  amount  of  taxes  such  property  would  have  paid 
each  year  upon  a  fair  valuation  if  in  private  hands,  the  amount  of 
interest  paid  on  bonds  issued  to  supply  funds  for  the  construction  or  ■ 
tnaintenance  of  such  utility,  an  estimate  of  the  amount  of  rent  charge- 
able against  such  utility  by  reason  of  the  occupancy  and  use  of  any 
public  buildings  not  belonging  to  it  for  office  or  other  purposes,  the 
income  of  such  utility  from  all  sources,  the  estimated  amount  due  to 
such  utility  for  services  rendered  to  the  city  at  large  or  to  any  of  its 
departments  for  which  no  pay  or  only  part  pay  is  received,  and  all 
other  facts,  figures  and  estimates  required  to  show  the  exact  finan- 
cial status  of  such  utility  as  near  as  may  be  at  the  close  of  each 
municipal  year  with  reference  to  profit  or  loss  in  its  operation. 

MERIT  SYSTEM—MAY  BE  ADOPTEI>— DEFINITION  OF. 

(Sec.  21.)  Par.  22.  The  Common  Council  may  by  ordinance 
adoDt  the  merit  system  in  the  employment  or  discharge  of  any  or  all 
of  the  employees  in  any  pubic  utility.  The  adoption  of  such  system 
shall  be  by  ordinance  defining  the  manner  in  which  applications  for 
said  employment  shall  be  filed  and  the  kind  and  character  of  exam- 
inations of  applicants  for  such   employment. 


40 


TITLE  V. 
POWERS  AND  DUTIES  OF  CITY  OFFICERS. 

MAYOR  TO  iSEE  THAT   LAWS  ARE  EN10R(  EI). 

(Sec.  127.)  Par.  i.  It  shall  be  the  duty  of  the  Mayor  to  take  care 
that  all  the  laws  of  the  State  and  the  ordinances  of  the  Common  Coun- 
cil are  faithfully  executed.  To  make  or  cause  to  be  made  complaint  to 
the  proper  court  for  any  violation  of  the  State  laws,  or  of  this  act  or 
the  city  ordinances,  and  if  there  is  any  violation  of  law  or  disturbance 
beyond  the  power  of  the  city  police  force  and  the  sheriff's  force  of  the 
County  of  Kent  tf)  quell,  he  shall  call  upon  the  Governor  of  the  State 
for  such  assistance  from  the  State  as  may  be  necessary  to  enforce 
law  and  order.  To  exercise  a  constant  supervision  and  control  over 
the,  conduct  of  all  subordinate  officers  and  to  receive  and  examine 
into  all  complaints  against  them  for  neglect  of  duty;  to  recommend  to 
the  Common  Council  such  measures  as  he  shall  deem  expedient,  to 
expedite  such  as  shall  be  resolved  upon  by  them,  and  in  general,  to 
maintain  peace  and  good  order  and  advance  the  prosperity  of  the  city. 

DUTIES  OF  ALDERMEX— EXEMl'TIOX   FROM  JURY  DUTY. 

(Sec.  128.)  Par.  2.  It  shall  be  the  duty  of  every  alderman  in  said 
city  to  attend  the  regular  and  special  meetings  of  the  Comnitni  Coun- 
cil; to  act  upon  committees  when  appointed  thereon  by  the  ^layt>r  or 
Common  Council;  to  report  to  the  Mayor  all  subordinate  officers  whn 
are  guilty  of  any  official  misconduct  or  neglect  of  duty,  and  to  perform 
all  other  duties  required  of  him  by  this  act.  The  .\ldermen  shall  be 
exempt  from  sitting  as  jurors  in  any  of  the  courts  of  this  State. 

CLERK— DUTITSS  OT";  CUSTODY  OF  SE.\L— P.APERS— COUXCIL  AXD  LICEXSE 
RECORDS— ADMIXISTRATIOX  OF  OATHS. 

(Sec.  129.)  Par.  3.  The  clerk  shall  keep  the  corporate  seal  and  all 
papers  belonging  to  the  city  as  a  corporation  not  properly  by  this  act 
in  the  custody  of  some  other  officer  and  he  shall  [xM-fect  a  printed 
record  of  the  proceedings  of  the  Common  Council  which  may  in  any 
court  or  elsewhere  be  used  as  evidence  of  what  such  proceedings  are. 
It  shall  be  his  duty  to  attend  the  meetings  of  the  Common  Council,  and 
copies  of  all  papers  duly  hied  in  his  office  and  transcripts  from  the  rec- 
ords of  the  Common  Council  certilied  to  by  him,  or  one  of  his  deputies 
in  his  name,  under  the  corporate  seal,  shall  be  prima  facie  evidence  in 
all  places  of  the  matters  therein  contained.  He  shall  countersign  all 
licenses  granted  for  any  purpose  whatever  by  the  Mayor  or  Common 
Council,  and  shall  enter  in  an  appropriate  book  the  name  of  every 
person  to  whom  a  license  shall  be  granted,  the  number  of  such  license 
and  the  date  thereof,  and  the  time  during  which  it  is  to  continue  in 
force,  and  the  sum  paid  for  such  license.  The  City  Clerk  is  hereby 
authorized  to  administer  all  oaths  recpiired  to  be  administered  under 
the  provisions  of  this  act,  but  he  shall  receive  uu  compensation  there- 
for. 

41 


IM  IJLK   \J10N     OF     OKOINAXCES— llKSOLUTIOXS     ETC.,  IJIKKCTING     PAY- 
MENT  OF  MONEY. 

(Sec.  130.)  Par.  4.  The  city  clerk  shall  cause  to  be  printed  all 
ordinances  of  the  Common  Council  at  least  four  times  in  one  of  the 
official  newspapers,  and  all  votes  and  resolutions  directing  the  pay- 
ment of  money  shall  be  published  at  least  once  in  one  of  said  news- 
papers within  eight  days  after  the  passage  of  the  same.  He  shall  per- 
form such  other  duties  as  this  act  shall  direct  or  which  may  be  re- 
quired by  the  Common  Council. 

\\.\KK.\NTS    ON    CITY    TKEASUKEK— RECORDS    TO    BE    KEPT    BY 
COMPTROI.L,ER. 

(Sec.  131.)  Par.  5.  All  moneys  drawn  from  the  city  depositary  for 
city  purposes,  shall  be  drawn  by  warrants  signed  by  the  Clerk  and 
countersigned  by  the  comptroller  of  said  city.  All  warrants  drawn  on 
the  City  Treasurer  for  city  purposes  shall  be  drawn  in  pursuance  of  an 
order  from  the  Common  Council  which  w^arrants  shall  be  signed  by 
said  City  Clerk  and  countersigned  by  the  comptroller  of  said  city,  and 
every  such  warrant  shall  specif}'  for  what  purpose  the  amount  therein 
named  is  paid,  and  out  of  which  particular  fund .  payable,  and  the 
comptroller  shall  keep  an  accurate  account,  under  appropriate  heads, 
of  all  expenditures,  orders  and  warrants  drawn  upon  the  City  Treas- 
urer in  books  to  be  kept  for  that  purpose,  which  books  shall  be 
furnished  by  the  cit}'.  belong  to  and  be  a  part  of  its  public  records. 

WARRANTS   ON  CITY   DEPOSITARY. 

(Sec.  132.)  Par.  6.  On  the  order  of  the  Common  Council  it  shall 
be  the  duty  of  the  City  Clerk,  after  the  expiration  of  at  least  twenty- 
four  hours  next  following  any  regular  or  special  session  of  the  Com- 
mon Council,  at  which  any  claim  or  demand  against  the  city  has  been 
allowed,  to  draw  a  warrant  or  check  on  the  city  depositary  for  the 
aggregate  sum  of  all  claims  and  demands  against  said  city  allowed  at 
any  such  regular  or  special  session  of  the  Cominon  Council,  which  said 
warrant  or  check  shall  be  signed  bv  said  city  clerk  and  countersigned 
by  the  comptroller  of  said  city,  and  be  made  payable  to  the  order  of 
the  treasurer  of  said  city:  Provided,  That  no  item  or  items  of  such 
claims  or  demands  shall  be  included  in  such  aggregate  or  in  the  war- 
rant or  check  drawn  therefor,  to  the  allowance  of  which  by  the  Com- 
mon Council  the  Mayor  shall  have  interposed  his  veto,  in  the  manner 
provided  for  in  this  act;  nor  shall  any  item  or  items  of  such  claims  or 
demands  for  the  payment  of  which  there  are  not  sufficient  funds  out  of 
which  the  same  maj'  be  lawfully  paid,  be  included  in  such  aggregate^ 
warrant  or  check.  The  city  treasurer  shall  draw  from  the  city  de- 
positary the  amount  called  for  by  such  warrant  or  check  and  use  the 
same  to  pay  said  claims  and  demands  in  the  manner  provided  in  this 
act. 

CO:\IPTROI>I.ER  TO  M.\KE  REPORT  TO  COMMON  COUNCIL. 

(Sec.  T33.)  Par.  7.  The  city  comptroller  shall  at  the  first  regular 
meeting  of  the  Common  Council  of  said  city  in  each  month  report  in 
writing  to  said  Common  Council  all  appropriations  and  payments 
made  out  of  the  several  funds  of  the  citj',  or  other  disposition  of  the 
same,  and  the  amount  of  all  warrants  drawn  as  aforesaid  upon  him 
which  have  not  been  called  for  within  thirty  days  after  the  counter- 
signing of  such  warrants  together  with  the  name  of  the  person  to 
whom  each  of  said  warrants  is  payable,  and  out  of  what  city  funds  it  is 
payable.    Upon  receipt  of  such  report  the  said  Common  Council  shall 

42 


have  power  to  order  the  cancel laliun  of  such  warrants  not  called  for 
and  to  instruct  the  city  treasurer  to  forthwith  deposit  in  the  city  de- 
positarj'  the  aggregate  amount  of  such  warrants  covered  by  such 
monthly  report:  Provided,  That  any  such  cancellation  shall  not  be 
taken  or  held  to  impair  or  render  void  the  legality  of  any  such  claim 
or  demand. 


COMPTKOLIvER      HEAD     OF     AUDITING     DEPT.— TO      PREPARE      BLANKS, 

CHECKS  ETC.,  FOR  ALL  OTHER   DEPTS.,  INCLUDING  WATER  WORKS 

.\ND  BOARD   OF  EDUCATION. 

(Sec.  134.)  Par.  8.  The  city  comptroller  shall  be  the  head  of  the 
accounting  department,  and,  save  as  otherwise  provided  in  this  act, 
or  in  the  laws  of  the  State  of 'Michigan,  he  shall  keep  all  accounts  and 
statistics  of  the  several  city  departments,  including  the  water  depart- 
ment and  the  Board  of  Education  of  the  City  of  Grand  Rapids.  The 
comptroller  shall,  from  time  to  time,  prepare  and  issue  forms  for  the 
accounts,  reports,  bills,  vouchers,  orders,  receipts  and  checks  to  be 
used  b}'  the  several  departments  of  the  city  government,  and  by  the 
otificers  of  said  Board  of  Education  in  the  transaction  of  all  such  parts 
of  the  public  business  as  concern  the  public  finances,  and  after  such 
documents  are  approved  by  the  Common  Council  it  shall  be  the  duty 
of  such  board  or  officer  to  use  the  same.  The  wilful  failure  or  refusal 
by  any  officer  to  use  any  such  form  in  the  transaction  of  business  for 
which  the  same  was  designed  to  be  used  shall  be  deemed  misconduct 
in  ofifice  on  the  part  of  such  officer,  and  subject  him  to  removal,  under 
the  pro\isions  of  Title  IT,  Par.  9. 

C03IPTR0LLER   TO   KEEP   ACCOUNTS,   ETC. 

(Sec.  1,35.)  Par.  q.  The  comptroller  shall  keep  regular  books  of 
account  in  Avhich  shall  be  entered  all  indebtedness  of  the  city,  and 
w-hich  shall  at  all  times  show  the  precise  financial  condition  of  the 
cit3';  the  amount  of  bonds,  orders  or  other  evidence  of  indebtedness 
lawfully  issued;  the  amount  of  the  same  which  has  been  paid,  and  the 
amount  of  each  thereof  outstanding.  He  shall  countersign  all  bonds 
and  other  evidence  of  the  city's  indebtedness,  and  keep  an  exact 
account  and  record  of  each  instrument,  stating  to  whom  and  for  what 
purpose  the  same  has  been  issued;  he  shall  keep  the  accounts  with  all 
receiving  and  disbursing  officers  of  the  city,  or  the  Board  of  Educa- 
tion, showing  the  amounts  received  b}^  them  from  each  of  the  various 
sources  of  revenue,  and  the  amounts  which  they  have  disbursed  under 
resolutions  or  ordinances  of  the  Common  Council  or  other  legal  man- 
date. The  comptroller  shall  at  all  times  have  access  to  all  reports, 
books,  vouchers  and  accounts  in  each  of  the  several  departments,  and 
to  those  of  the  Board  of  Education,  and  it  shall  be  his  dutj'  to  fre- 
quently inspect  the  same  in  order  to  insure  the  keeping  of  the  same 
properly  and  in  the  mode  contemplated  by  law  and  this  act. 

BOND   OF   C03IPTR0LLER. 

(Sec.  136.)  Par.  to.  The  comjitroller.  previous  to  entering  upon 
the  duties  of  his  office,  shall  enter  into  a  bond  in  such  sum  and  with 
such  sureties  as  the  Common  Council  shall  fix  and  approve  in  writing 
endorsed  thereon,  which  bond  shall  be  filed  in  the  office  of  the  city 
clerk.  The  Common  Council  is  hereby  authorized  to  require  a  new^ 
or  additional  bond  from  the  comptroller  at  anj-  time  when  it  shall  deem 
the  interests  of  the  city  require  it. 

43 


CLAI.MS   AXI)  ACfOlXTS,   AUOITING   AND   PAYMENT   OF. 

(Sec.  137.)  Par.  11.  The  comptroller  shall  receive  and  audit  the 
claims,  accounts  and  demands  of  all  persons  against  the  city.  All 
claims  and  accounts  shall  be  itemized.  And  every  such  claim,  account 
or  demand  shall  be  sworn  to  by  the  person  presenting  the  same  in  the 
manner  required  herein  and  shall  be  certified  to  as  correct  by  the 
officer,  board  or  chairman  of  the  committee  upon  whose  authority  the 
contract  or  liability  for  such  claim  or  demand  is  based  or  originated, 
provided  the  same  arose  upon  such  authority;  provided,  also,  that  city 
officials  drawing  stated  salaries  are  not  required  to  verify  their  bills 
fr)r  services.  The  common  council  may  pay  all  claims,  accounts  and 
demands  so  examined  and  reported  to  it  by  said  comptroller.  But 
unless  a  claim  is  approved  by  the  comptroller,  the  Council  cannot 
order  its  payment  except  by  the  affirmative  vote  of  three-fourths  of 
all  the  Aldermen  elect.  Said  comptroller  shall  keep  an  accurate  ac- 
count of  all  claims,  accounts  and  demands  so  recommended  by  him  as 
well  as  a  separate  account  of  all  claims,  accounts  and  demands  which 
he  shall  receive  and  which  are  rejected  by  him  after  examination 
thereof. 

REPORTING    ('L.\IMS    TO    t'OINCII.,   BY   COMPTROI.T^ER — JTTANG    OF   BILLS. 

(Sec.  138.)  Par.  12.  In  his  report  to  the  Common  Council  the 
comptroller  shall  separate  all  claims  for  special  improvements  from 
general  claims;  also  all  claims  payable  out  of  special  funds  when 
there  is  no  money  in  such  funds  to  satisfy  the  same.  All  papers,  bills 
and  vouchers  for  such  claims,  accounts  and  demands  recommended 
and  reported  by  him  to  the  Common  Council,  after  the  same  shall 
have  been  accepted,  adopted  and  finally  disposed  of  by  the  Common 
Council,  shall  be  placed  on  file  in  his  office,  and  it  shall  be  his  duty  to 
keep  the  same  in  good  and  proper  order,  subject  however,  to  such 
direction  as  the  Common  Council  may  thereafter  make  in  relation 
thereto. 

ORDERS  FOR  PAY>IENT  OF  MONEY  TO  BE  DRAWN  BY  COMPTROLLER. 

(Sec.  139.)  Par.  13.  Said  comptroller  shall  countersign  all  orders 
for  the  payment  of  money  out  of  the  city  depositary  or  depositaries 
and  all  orders  from  the  city  treasurer  and  the  same  shall  be  drawn  and 
delivered  by  him  at  his  office  and  he  shall  perform  such  other  duties 
as  are  orescribed  in  this  act,  or  as  the  (Tommon  Council  may  by 
ordinance  or  otherwise  prescribe. 

CONTRACTS  TO  BE  EXECFTED  IN   TRIPLICATE. 

(Sec.  140.)  Par.  14.  All  contracts  executed  by  the  city  shall  be  in 
triplicate,  one  cop}'  thereof  to  be  filed  with  the  comptroller  and  one 
with   the   city   clerk. 

TREASURER    TO    RECJCIVE    ALL    SCHOOL    AND    OTHER    SIDNEYS — DEPOSIT 
SAME  .AND  KEEP  ACCOUNT  OF  RECEIPTS  .AN1>  EXPENi>ITURES  OF  CITY. 

(Sec.  141.)  Par.  15.  The  city  treasurer  shall  receive  all  moneys 
belonging  to  the  city,  and  moneys  paid  in  for  school  purposes,  and  shall 
deposit  the  same  daily  in  tiie  city  depositary  or  depositaries  selected 
by  the  Common  Council,  except  when  otherwise  required  by  this  act. 
School  moneys  shall  be  used  for  school  purposes  only,  and  shall  not 
be  transferred  by  the  Common  Council  to  any  other  fund.  Said  city 
treasurer  shall  keep  an  account  of  all  receipts  and  expenditures  of  said 
city  in   such   manner  as   the   Common   Council  shall   direct,  in  proper 


books  of  account,  to  be  provided  by  the  city,  which  books  shall  consti- 
tute a  part  of  the  public  records  thereof.  The  city  treasurer  shall  in  re- 
spect to  the  school  moneys  received  by  him  perform  all  the  duties  and 
l)e  subject  to  all  the  liabilities  that  the  township  treasurers  of  the  State 
are  now  or  in  the  future  shall  be  subject  to  by  law  in  respect  to  the 
keeping  and  paying  out  of  moneys  collected  for  school  purposes. 

TKK.XSUKEK— nUTIKS    OF— KK1H)KTS    TO    C'Ol  XCir>— IKANCHISK    FEES. 

(Sec.  142.)  Par.  i().  The  city  treasurer  shall  keep  an  office  which 
shall  be  provided  and  furnished  for  him  by  said  city  and  he  shall  de- 
vote his  whole  time  to  the  duties  of  his  ()ffice.  He  shall  art  the  first 
regular  meeting  of  the  Common  Council  in  each  month  make  a  report 
to  the  Common  Council  of  the  linances  of  said  city,  showing  the  exact 
condition  of  the  several  funds  thereof.  It  shall  be  the  duty  of  the 
treasurer  to  keep  a  list  of  all  franchise  and  other  similar  fees,  and  to 
attend  to  the  prompt  c(dlection  of  the  same. 

BOOKS  AXI)  ACCOl  NTS  OI'  TlJEASl  REK  TO   BE   OPEN   TO   PUBLIC— 
ANNUAL   REPOUT. 

(Sec.  143.)  Par.  17.  The  books  and  accounts  of  the  city  treasurer 
shall  be  open  to  the  inspection  of  any  elector  of  said  city.  The  city 
treasurer  shall  exhibit  to  the  Common  Council  on  the  first  day  of 
April  in  each  year  a  full  and  fair  account  of  the  receipts  and  expendi- 
tures of  said  city,  and  of  all  moneys  coming  into  his  hands  by  virtue 
of  his  office  since  the  date  of  his  last  annual  report,  and  also  the  state 
of  the  treasury  of  said  city,  which  accotmt,  if  found  correct,  shall  be 
filed  in  the  office  of  the  city  clerk. 


TKEASUREK  NOT  TO  EEN!)  OK  DEPOSIT  MONEY  EXCEPT  AS  AUTHORIZEO 
BY  TAW. 

(Sec.  144.)  Par.  18.  Except  as  in  this  act  otherwise  provided,  the 
city  treasurer  shall  not  lend,  use  nor  deposit  any  of  the  moneys  re- 
ceived by  him  as  such  treasurer,  or  any  part  thereof,  to  or  with  any 
bank,  banker,  corporation  or  person,  nor  shall  he  pay  out  any  part  of 
such  moneys  nor  allow  the  same  to  pass  out  of  his  custody  except  as 
authorized  by  law  or  this  charter.  Tf  the  treasurer  shall  violate  any 
of  the  provisions  of  this  section  he  shall  be  deemed  guilty  of  miscon- 
duct in  office  and  be  liable  to  removal  therefrom  under  Title  IT,  Par.  9. 

TREASURER  TO   M.\KE   DUPUIC.VTE   RECEIPTS. 

(Sec.  145.)  Par.  19.  The  treasurer  on  receiving  any  money  into 
the  treasury  shall  make  out  and  sign  two  receipts  for  the  same.  Such 
receipts  shall  be  alike,  except  that  upon  the  face  of  one  shall  appear 
the  word  "original"  and  upon  the  face  of  the  other  shall  appear  the 
word  "duplicate."  Such  receipts  shall  be  numbered  and  dated,  and 
shall  specify  the  amount,  on  what  account  and  from  what  person  or 
officer  received,  and  into  what  fund  or  on  what  account  paid.  The 
treasurer  shall  enter  upon  the  stubs  of  such  receipts  a  memorandum 
'  if  the  contents  thereof,  and  deliver  the  receipt  marked  "original"  to 
the  person  or  officer  paying  such  money  into  the  treasury,  and  forth- 
with deliver  the  receipt  marked  "duplicate"  to  the  comptroller,  who 
shall  write  upon  its  face  the  date  of  its  delivery  to  him.  and  charge 
the  treasurer  with  the  am<)unt  specified  therein,  and  file  the  receipt  in 
his  office. 


TKEASURER   TO   BE   SOI.E   IJEC'EIVING   AND   DISBURSING   OFFICER. 

(Sec.  146.)  Par.  20.  It  is  the  purpose  of  this  legislation  to  make 
the  treasurer  of  the  chy  the  sole  money  receiving  and  disbursing 
officer  of  the  corporation,  and  of  its  officers,  agents,  and  of  its  boards 
including  the  Board  of  Education  and  the  Board  of  Public  Works. 
\\'henever  any  other  officer,  agent  or  board  shall  be  required  to  issue 
any  license,  permit,  water  or  other  bill,  order  or  voucher  contemplat- 
ing the  payment  of  money,  instead  of  receiving  such  money,  said 
officer,  agent  or  board  shall  issue  such  license,  permit,  bill,  order  or 
voucher  marked  or  stamped  "Not  good  until  presented  to  the  city 
treasurer,  and  the  amount  indicated  paid  him  and  his  receipt  therefor 
stamped  or  signed  hereon,"  or  words  to  that  effect.  The  money  shall 
then  be  paid  to  the  treasurer  and  a  tluplicate  receipt  issued  as  afore- 
said. 

PEN.4I.TY  FOR  F.AILt  RE  TO  PAY  MONEY  TO  CITY  TREASURER. 

(Sec.  147.)  Par.  21.  .\n3'  officer  or  agent  of  this  city  or  other  per- 
son who  shall  receive  or  have  in  his  hands  any  money  belonging  to 
the  city,  shall  immediately  pay  the  same  to  the  treasurer  and  a  receipt 
thereof  in  duplicate  shall  be  issued,  and  one  of  the  receipts  shall  be 
delivered  to  the  comptroller  by  the  treasurer.  If  any  such  officer, 
agent  or  other  person  shall  wilfully  fail  to  pay  to  the  treasurer  any 
money  so  received,  for  more  than  forty-eight  hours  after  the  monej- 
shall  have  been  received  by  him,  such  officers,  agent  or  other  person 
shall  forfeit  to  the  city  double  the  amount  of  money  so  received,  to 
be  recovered  by  civil  action  brought  by  the  city  against  him  in  a  court 
of  competent  jurisdiction. 

COUNCIL  TO  ADVERTISE  FOR  PROPOSALS  FOR  DEPOSITARY. 

(Sec.  148.)  Par.  22.  The  Common  Council  of  said  city  shall  on 
the  first  Monday  6f  April  next  preceding  the  termination  of  any  exist- 
ing contract,  or  within  ten  days  thereafter,  advertise  in  one  of  the 
newspapers  of  said  city  for  a  period  of  at  least  one  week  after  the  first 
insertion  of  such  advertisement,  for  sealed  proposals  for  the  highest 
rate  of  interest  obtainable  on  daily  balances  of  money  belonging  to 
the  city,  or  the  Board  of  Education,  or  in  their  custody,  and  the  lowest 
rate  of  interest  to  be  paid  by  said  city  for  such  temporary  loans  as  it 
shall  desire  to  make. 

CONTRACT  WITH  B.ANKS  AS  CITY  DEPOSITARIES. 

(Sec.  149.)  Par.  23.  The  Common  Council  shall  have  power  to 
contract  with  any  safe  and  secure  banking  institution  or  institutions. 
and  to  make  rules  and  regulations  in  regard  to  the  depositing  of 
money  therein,  for  a  period  of  not  to  exceed  three  years,  as  a  de- 
positary or  depositaries  for  the  safe  keeping  of  the  public  moneys  be- 
longing to  or  in  the  custody  of  said  city,  or  any  of  its  boards,  includ- 
ing the  Board  of  Education,  and  for  the  payment  of  interest  thereon  at 
a  rate  not  exceeding  that  established  by  law  upon  such  moneys  of  the 
city  so  deposited  with  such  banking  institution  or  institutions,  to  be 
drawn  from  the  current  account  by  said  city  through  its  proper  officer 
or  officers,  which  said  interest  shall  belong  to  the  city,  or  the  Board 
of  Education,  as  the  case  may  be.  Every  such  contract  with  a  bank- 
ing institution  shall  contain  an  agreement  on  the  part  of  such  institu- 
tion permitting  the  Common  Council,  whenever  it  shall  deem  that  the 
interests  of  the  city  require  it,  to  terminate  such  contract  and  to  with- 
draw all  moneys  deposited  with  such  institution  or  institutions  and  in 
such  case  the  books  required  to  be  kept  by  such  depositary  shall  be 

46 


delivered  into  the  custudy  of  the  city  clerk  bj-  it.  The  Council  shall 
require  such  depositary  or  depositaries  to  give  suitable  bonds  in  such 
penalty  as  it  shall  determine,  and  with  such  sureties  as  it  shall  approve, 
before  any  transfer  of  any  such  moneys  as  aforesaid  can  be  made  to 
such  depositary  or  depositaries. 


BOOKS    T()   BK    KEPT   BV   CITY    DErOSIXAKlES. 

(Sec.  150.)  Par.  24.  The  depositary  c)r  depositaries  so  designated 
by  the  Common  Council  shall  keep  an  accurate  account  in  a  set  of 
books  of  all  moneys  belonging  to  or  in  the  custodv  of  said  city  de- 
posited with  such  depositary  or  depositaries,  such  books  to  be  pro- 
vided by  and  belong  to  said  city,  and  constitute  a  part  of  the  public 
records  of  said  city.  Such  books  shall  at  all  times  during  business 
hours  be  subject  to  inspection  by  any  member  of  the  Council,  Board 
of  Education,  the  comptroller,  treasurer,  mayor  and  city  attorney 
They  shall  be  delivered  by  the  outgoing  depositary  or  depositaries  to 
those  succeeding  to  the  trust.  Such  depositary  or  depositaries  shall 
report  in  writing  monthly  to  the  Common  Council  of  said  city  the 
amount  of  moneys  belonging  to  said  city  then  on  deposit  with  such 
depositary-  or  depositaries. 


ADDITION  AT.  BOXD.>^   IKOM  TREASURER  AXD  CITY  DEPOSITARIES. 

(Sec.  151.)  Par.  2^.  The  Common  Council  is  hereby  authorized 
to  require  new  or  additional  bonds  or  security  from  the  city  treasurer 
and  from  the  depositaries  of  money  belonging  to  the  city,  or  in  the 
custody  of  the  city,  and  deposited  in  such  depositaries,  at  any  time  or 
times  when  it  shall  deem  the  interests  of  the  cit}^  require. 

DUTIES  OF  CITY  ATTORNEY  AND  ASSISTANTS. 

(Sec.  152.)  Par.  26.  The  city  attorney  must  attend  the  sessions  of, 
advise  and  shall  be  subject  to  the  direction  of  the  Common  Council.  He 
shall  have  control  of  all  actions,  suits  or  proceedings  in  any  court.  State 
or  Federal,  in  which  the  city  is  interested,  and  must  attend  to  the  pro- 
secution of  every  person  or  persons  charged  with  violation  of  any  city 
ordinance  or  anj-  regulation  adopted  under  the  authority  of  this 
Charter,  and  all  suits  or  proceedings  in  which  the  Board  of  Education 
of  the  city  is  in  any  way  interested,  either  as  pla.intiflf.  complainant  or 
defendant,  and  to  any  prosecution  for  the  violation  of  any  regulation 
adopted  by  any  of  the -boards  of  the  city,  created  under  this  Charter, 
or  by  ordinance  of  the  Common  Council.  He  shall  perform  such  other 
duties  as  usually  devolve  upon  the  corporation  counsel  of  a  city.  He 
shall  perform  such  duties  of  a  professional  character  and  exercise  such 
powers  connected  therewith  in  matters  in  which  the  city  [s  interested 
as  shall  be  assigned  to  him  b}'  the  Common  Council,  the  officers  of  said 
city  and  the  several  boards  thereof.  The  Common  Council  shall  pro- 
vide and  suitably  furnish  for  him  and  his  assistants  such  offices  as  may 
from  time  to  time  be  necessary.  Upon  his  election  to  office  or  as  soon 
thereafter  as  may  be  necessary,  he  may  appoint  a  first  and  second 
assistant  city  attorney  and  also  such  clerical  assistants  as  may  from 
time  to  time  be  necessary:  such  first  and  second  assistant  city  attor- 
neys and  such  clerical  assistants  may  be  removed  by  him  at  will,  but 
their  salaries  shall  be  determined  and  fixed  by  the  Common  Council. 
Such  assistant  city  attorneys  shall  perform  such  duties  as  shall  be 
assigned  to  them  by  the  city  attorney  or  by  the  Common  Council. 


ni  TIKS  OF  CITY  MARSHAL. 

(Sec.  153.)  Par.  2"^.  Tlie  city  marshal  shall  report  monthly  to  the 
Common  Council  the  condition  of  the  streets,  highways,  alleys,  lanes, 
courts,  public  places,  public  grounds,  sidewalks  and  public  sewers,  and 
if  any  of  them  are  out  of  repair,  make  report  of  that  fact  with  the 
nature  of  the  defect  and  the  place  where  located,  together  with  an 
estimate  of  the  expense  of  repairing  the  same.  The  Common  Council 
on  receiving  such  report  may  direct  him  to  make  or  cause  to  be  made 
the  necessarj^  repairs  and  shall  provide  the  means  therefor,  and  direct 
him  to  charge  the  same  to  the  adjoining  property.  If  the  defects  are 
of  such  a  nature  as  to  be  immediately  dangerous  to  persons  or  prop- 
erty, it  shall  be  his  dut}^  to  cause  sucli  rejiairs  to  be  made  immediately 
and  report  the  sanu'  to  tlic  Cd'ninioii  Council  at  its  next  meeting  there- 
after, together  with  tin-  i:xi)cii.-e-  thereof  certified  to  by  him,  and  the 
Common  Council  sliall  provide  means  for  the  payment  thereof,  and 
in  cases  where  authorize'd  by  the  provisions  of  this  act  may  direct  sucli 
expense  to  be  charged  to  the  adjoining  property. 

MAK.SII.A1>    TO    KEPOKT    ACCOUNTS    OF   EXPENOITCRES,    ETC. 

(Sec.  154.)  Par.  28.  All  accounts  of  expenditures  made  by  said 
marshal  in  the  performance  of  the  duties  prescribed  by  the  preceding 
section-  shall  be  certified  hy  him  and  be  made  in  triplicate,  one  of 
which  shall  be  filed  in  his  office  and  the  others  in  the  offices  of  the 
treasurer  and  comptroller  respectively.  Such  accounts  shall  be  re- 
ported to  the  Common  Council  at  its  next  regular  meeting  after  such 
expenditures  shall  have  been  made.  It  shall  be  the  duty  of  said 
marshal  to  keep  a  record  under  appropriate  heads  in  a  suitable  book 
or  books  furnished  him  by  said  city,  of  all  expenditures  made  by  him 
under  thts  provisions  of  the  preceding  section,  which  said  books  shall 
belong  to  and  be  a  part  of  the  public  records  of  said  city.  He  shall 
perform  such  other  duties  as  are  required  by  this  act  or  as  may  be 
from  time  to  time  required  or  prescribed  by  ordinance  or  resolution  of 
the  Common  Council.  The  marshal  shall  act  as  the  attending  officer 
and  sergeant  at  arms  at  all  meetings  of  the  Common  Council. 

DCTIES  OF  CITY  PHYSICIAN  AN1>  OTHER  OFFICERS. 

(Sec.  155.)  Par.  29.  The  city  physician  and  all  other  officers  of  the 
city,  where  not  otherwise  provided  by  this  act,  shall  perform  such 
duties  and  file  such  bonds  as  the  Common  Council  may  by  ordinance 
or  otherwise  direct. 

SALARIES  OF  CITY  OFFICERS  AND  EMPLOYES. 

(Sec.  156.)  Par.  30.  The  Common  Council  shall  annually  deter- 
mine the  salary  or  compensation  to  be  paid  to  the  several  oi^cers  of 
said  city  within  the  limitations  herein  prescribed,  and  which  limita- 
tions shall  be  as  follows:  To  the  city  clerk,  two  thousand  five  hun- 
dred dollars  per  annum;  to  the  city  treasurer  -two  thousand  five  hun- 
dred dollars  per  annum;  to  the  city  marshal,  one  thousand  three 
hundred  dollars  per  annum:  to  the  mayor,  two  thousand  dollars  per 
annum;  to  the  city  comptroller  two  thousand  five  hundred  dollars  per 
annum;  to  each  of  the  aldermen  three  hundred  fifty  dollars  per  an- 
num; to  the  city  attorney,  three  thousand  dollars  per  annum,  said 
salaries  to  be  fixed  by  the  affirmative  vote  of  at  least  two-thirds  of  all 
the  aldermen  elect;  and  the  Common  Council  may  establish  and  pre- 
scribe the  fees  or  salaries  to  be  paid  to  all  other  officers,  clerks  or 
employes  of  said  city,  whose  fees  or  salaries  are  not  prescribed  by 
law  or  otherwise  provided  for  in  this  Charter. 

48 


HKJHWAY  COMMISSIONKKS   TO  GIVE   BONDS. 

(Sec.  157.)  Par.  31.  Every  person  chosen  highway  commissioner 
as  provided  by  this  act  shall  execute  a  bond  to  the  city  in  the  sum  of 
one  thousand  dollars  with  at  least  two  sufficient  sureties  to  be  ap- 
proved by  the  Common  Council  of  said  city,  for  the  faithful  perform- 
ance of  the  duties  of  his  office  and  for  the  faithful  accounting  of  all 
moneys  belonging  to  said  city  which  may  come  into  his  hands. 

OATHS  AND  ACCEPTANCES  OF  OFFICERS. 

(Sec.  158.)  Par.  ^,2.  All  elective  and  appointive  officers  of  said 
city  shall  take  and  subscribe  the  constitutional  oath  of  office  and  file 
the  same  in  the  office  of  the  city  clerk  of  said  city,  before  entering 
upon  the  duties  of  their  respective  offices,  where  the  same  shall  re- 
main as  a  part  of  the  official  records  of  said  city. 

DEPUTIES  AND  CLERKS  FOR  CLERK,  TREASURER,  COMPTROLLER  AND 
.MARSHAL. 

(Sec.  159.)  Par.  2)3>-  The  clerk,  treasurer,  comptroller  and  marshal 
shall  respectively  appoint  deputies  of  their  offices,  each  of  whom  shall 
possess  all  the  powers  and  authority  of  their  respective  offices,  and 
may  exercise  all  the  duties  thereof  subject  to  the  control  of  such 
officers.  Upon  the  written  recommendation  of  such  officers  the  Com- 
mon Council  shall  furnish,  when  in  its  opinion  necessary,  such  other 
assistants  and  clerks  as  from  time  to  time  may  be  required  for  the 
proper  discharge  of  the  duties  of  their  respective  offices:  Provided, 
That  the  Common  Council  shall  have  authority  to  limit  the  number  of 
assistants,  clerks  and  employes  in  each  of  said  offices.  The  said  clerk, 
treasurer,  comptroller  and  marshal  shall  be  responsible  for  the  acts  and 
defaults  of  their  respective  deputies,  and  may  remove  such  deputies  at 
their  pleasure. 


49 


TITLE  VI. 
STREET  AND   PUBLIC  IMPROVEMENTS. 


SUPERVISION   OF  STREETS,   AI.I.EYS,  ETC.,  BY  COMMON   COUNCIL— WHEN 
TO  BE  RECORDED  AS  PUBLIC   THOROUGHFARES. 

(Sec.  i66.)  Par.  i.  The  Common  Council,  except  as  herein 
otherwise  provided,  shall  have  the  care  and  supervision  of  the  high- 
ways, streets,  bridges,  lanes,  alleys,  parks,  courts,  public  places  and 
public  grounds  in  the  city  and  it  shall  be  its  duty  to  give  directions  for 
the  repairing,  preserving,  improving,  cleaning  and  securing  of  such 
highways,  streets,  bridges,  lanes,  alleys,  parks,  courts,  public  places  and 
public  grounds,  and  cause  the  same  to  be  repaired,  cleansed,  improved 
and  secured  from  time  to  time,  as  may  be  necessary;  to  regulate  the 
highways,  streets,  bridges,  lanes,  alleys,  parks,  courts,  public  places 
and  public  grounds  already  laid  out,  or  which  may  hereafter  be  laid 
out  or  built,  and  to  alter  such  of  them  as  it  may  deem  inconvenient, 
subject  to  the  restrictions  contained  in  this  title;  to  cause  such  of  the 
highways,  streets,  lanes,  alleys,  parks,  courts,  public  places  and  public 
grounds  in  the  city  as  shall  have  been  used  for  six  years  or  more  as 
public  highways,  streets,  lanes,  alleys,  parks,  courts,  public  places  and  public 
grounds  and  which  are  not  sufficiently  described,  or  have  not  been  duly  re- 
corded in  the  office  of  the  city  clerk  in  the  book  of  street  records,  to  be  as- 
certained, described  and  recorded  in  the  office  of  the  city  clerk,  and  also 
in  the  office  of  the  Register  of  Deeds  of  Kent  County.  The  record  of 
such  highways,  streets,  lanes,  alleys,  courts,  public  places  and  public 
grounds  so  ascertained  and  described,  or  which  shall  hereafter  be  laid 
out  and  established  by  the  Common  Council,  shall  be  presumptive 
evidence  of  such  highways,  streets,  lanes,  alleys,  parks,  courts,  public 
places  and  grounds  therein  described. 

IMPROVEMENTS  TO  BE  DECLARED  NECESSARY  BY  COUNCILr-DISTRICTS 
TO  BE  ASSESSED— EXCEPTIONS  FOR  INTERSECTING  STREETS— MAN- 
NER  OF   PAYMENTS   ISSUING   OF   BONDS. 

(Sec.  167.)  Par.  2.  Whenever  the  Common  Council  shall  de- 
termine that  the  whole  or  any  part  of  the  expense  of  any  public  im- 
provement shall  be  defrayed  by  an  assessment  upon  the  owners  of  real 
estate  to  be  benefited  thereby,  it  shall  declare  the  same  by  an  entry  in 
its  minutes,  and  after  having  obtained  an  approximate  estimate  of  the 
expense  of  any  such  improvement,  it  shall  declare  by  an  entry  in  its 
minutes  what  proportion  thereof  shall  be  assessed  to  such  property 
owners,  specifying  the  whole  sum  to  be  assessed  and  the  portion  of 
the  city  which  it  deems  benefited  by  such  improvement. 

The  cost  of  the  grading,  paving  or  improving  of  that  portion  of 
the  streets,  highways,  lanes  or  alleys  included  within  the  intersecting 
lines  of  the  same  shall  be  paid  by  the  city  at  large  from  its  general 
fund,  excepting  any  part  of  the  same  chargeable  to  the  street  railway 
company.  Provided,  That  where  a  street,  avenue,  lane,  or  alley  shall, 
after  January  i.  1905,  be  graded  or  improved  and  paid  for  by  a  district 
including  the  property  owners  benefited  thereby  within  the  vicinity  of 

SO 


such  improvement,  and  it  shall  become  necessary  that  a  subsequent 
improvement  thereof  either  by  way  of  grading,  graveling,  curbing, 
paving,  or  other  substantial  work,  be  made  therein,  one-half  part  of 
the  expense  of  such  subsequent  improvement,  not  including  the  pro- 
portion to  be  paid  by  the  street  railway  company,  but  including  the 
intersections  of  streets,  lanes,  and  alleys  to  be  paid  by  the  city  as 
above  provided,  shall  be  paid  by  the  city  at  large  from  its  general 
fund,  and  only  the  remaining  part  or  portion  of  the  cost  of  such  sec- 
ond improvement,  less  the  amount  to  be  paid  by  the  street  railway 
company,  shall  be  charged  up  against  any  special  district  that  may  be 
created  by  the  Common  Council  for  the  payment  of  the  expense  of 
said  second  improvement  if  such  district  is  found  benefited  to  such 
an  amount,  according  to  the  benefits  received  by  the  several  property 
owners  therein.  The  cost  and  expense  of  making  the  estimates,  plans 
and  assessments  incidental  thereto  shall  be  included  in  the  expense  of 
such  improvement. 

The  Common  Council  is  hereby  authorized  to  meet  the  expense 
of  the  following  named  improvements  in  the  following  manner: 

First:  For  the  purpose  of  meeting  the  expense  of  improving 
streets,  highways,  avenues,  lanes,  alleys,  courts,  public  places  and 
public  grounds  of  said  city,  by  paving,  grading  graveling  or  other- 
wise, and  for  the  construction  of  public  sewers  therein,  in  anticipation 
of  the  collection  of  assessments  and  taxes  to  defray  the  expense  and 
cost  thereof,  the  Common  Council  may  by  resolution  authorize  and 
direct  the  mayor,  comptroller  and  clerk  of  said  city  to  borrow  a  sum 
not  exceeding  three  hundred  thousand  dollars,  in  any  one  year,  for 
such  purpose,  and  to  issue  the  bonds  of  said  city  therefor,  bearing 
interest  at  the  rate  of  not  exceeding  five  per  cent,  per  annum,  with  in- 
terest coupons  attached,  which  said  bonds  and  coupons  shall  be  signed 
by  the  mayor  and  countersigned  by  the  comptroller  of  said  city: 
Provided,  however.  That  the  total  amount  of  said  bonds  thus  author- 
ized to  be  issued  shall  not  exceed  seven  hundred  thousand  dollars  out- 
standing at  any  one  time,  and  said  bonds  shall  be  made  payable  in 
equal  amounts  each  year  for  a  period  of  not  exceeding  five  years  from 
the  date  of  issue,  as  the  Common  Council  may  direct.  The  said  bonds 
shall  be  endorsed  "Street  Improvement  Bonds"  or  "Sewer  Construc- 
tion Bonds,"  and  shall  be  numbered  or  lettered  by  the  city  clerk  con- 
secutively. Said  bonds  may  be  made  registered  or  un-registered  and 
shall  not  be  sold  for  less  than  par,  and  be  payable  at  the  office  of  the 
city  treasurer,  and  the  proceeds  of  the  same  shall  be  paid  to  the  city 
treasurer  and  by  him  placed  to  the  credit  of  the  street  improvement  or 
sewer  construction  bond  and  their  interest  fund,  as  the  case  may  be. 
The  said  bonds  shall  be  paid  at  maturity  and  cancelled,  and  shall  not 
be  reissued  or  refunded. 

Second:  All  provisions  of  this  title  relative  to  the  ascertaining 
and  assessing  the  cost  of  public  improvements  shall  be  applicable  to 
the  ascertainment  of  the  cost  of  street  or  sewer  improvements  paid 
for  by  the  proceeds  of  street  or  sewer  improvement  bonds,  and  the 
assessment  of  said  cost  upon  the  real  estate  deemed  to  be  benefited 
thereby,  except  that  the  assessment  rolls  for  improvements  paid  for 
in  the  first  instance  by  street  or  sewer  improvement  bonds  or  their 
proceeds  shall  be  designated  by  the  clerk  as  "Street  Improvement 
Rolls,"  or  "Sewer  Improvement  Rolls;"  Provided,  That  assessment 
rolls  for  sewer  purposes  as  well  as  bonds  issued  therefor  shall  be  kept 
separate  and  distinct  from  street  improvement  rolls  and  bonds.  Said 
assessment  rolls  shall  be  subject  to  appeals  therefrom  to  the  Com- 
mon Council  by  the- parties  assessed  or  interested  therein,  and  shall 
be  subject  to  ratification  and  confirmation  by  the  Common  Council 
and  be  final  and  conclusive  as  in  other  cases  of  public  improvements 

SI 


m;  de  under  the  provisions  of  this  title.  All  unpaid  installments  of 
assessments  in  said  assessment  rolls  provided  for  by  the  provisions 
of  this  section  shall  bear  interest  at  the  rate  of  five  per  cent,  per  annum 
from  the  time  of  the  confirmation  of  the  assessment  roll  containing 
same  by  the  Common  Council.  The  Board  of  Assessors  of  said  city, 
or  other  assessing  officer  or  officers,  shall  divide  each  assessment  con- 
tained in  said  rolls  into  so  many  equal  parts  as  the  Common  Council 
shall  direct.  The  said  assessment  rolls  shall  be  attested  by  the  mayor 
and  cit}'  clerk,  under  the  seal  of  said  city. 

Third:  On  or  before  the  first  day  of  April  in  each  year -the  citj^ 
comptroller  shall  certify  to  the  Common  Council  any  additional 
amount  not  provided  for,  to  meet  the  balance  of  the  street  or  sewer 
improvement  bonded  indebtedness  of  the  city  maturing  in  the  next 
tiscal  year  after  such  date,  and  the  annual  interest  on  all  outstanding 
street  improvement  bonds  maturing  within  such  time,  which  amount 
said  Coniimon  Council  shall  order  spread  on  the  annual  tax  roll  and 
which  shall  be  spread  thereon  in  the  street  or  sewer  improvement 
bond  column  thereof  upon  all  the  real  and  personal  property  of  the 
city  liable  to  taxation  for  general  city  purposes;  and  such  taxes  when 
so  assessed  shall  become  a  lien  upon  the  real  estate  assessed  the  same 
as  other  city  taxes,  and  so  remain  until  paid,  and  the  paj'ment  thereof 
shall  be  enforced  and  collected  in  the  same  manner  as  the  annual 
taxes  of  said  city,  and,  for  the  non-payment  thereof  the  premises  may 
be  sold  in  the  same  manner  as  for  the  non-payment  of  said  annual 
taxes,  and  when  so  collected  shall  be  placed  to  the  credit  of  the  street 
or  sewer  improvement  bond  and  interest  fund,  as  the  case  may  be. 
and  shall  be  applied  to  the  payment  of  the  principal  and  interest  of 
said  bonds  as  they  shall  fall  due,  and  for  no  other  purpose. 

Fourth:  The  first  installment  t)f  said  assessments  to  defray  the 
expense  of  such  improvements  under  the  provisions  of  this  section 
shall  be  collected  in  the  same  manner  as  assessments  for  other  public 
improvements  under  the  provisions  of  this  title,  and  every  installment 
in  said  assessment  roll  shall  become  a  Hen  when  said  assessment  roll 
shall  be  placed  in  the  hands  of  the  city  treasurer  and  so  remain  until 
all  of  said  assessed  taxes  shall  have  been  paid,  and  the  provisions  of 
section  173  of  this  title  shall  be  applicable  thereto,  and  said  assess- 
ment roll  so  certified  and  confirmed  bj^  the  Common  Council  and  de- 
livered to  the  city  treasurer  shall  be  final  and  conclusive  and  be  prima 
facie  evidence  of  the  regularity  and  legality  of  the  proceedings  prior 
thereto.  In  case  of  the  non-payment  of  anj-  installment  on  any  such 
assessment  roll,  the  premises  upon  which  the  same  is  assessed  shall  be 
returned  and  sold  for  non-payment  thereof  as  in  other  cases  for 
assessments  for  public  improvements  under  the  provisions  of  this  title 
and  with  the  same  force  and  efifect.  Any  installment  of  said  roll  when 
collected  shall  be  placed  by  the  city  treasurer  to  the  credit  of  the 
street  improvement  or  sewer  improvement  bond  fund,  as  the  case  may 
be.  Other  installments  than  the  first  installment  of  said  assessment 
roll  hall  become  due  and  payable,  as  follows:  The  first  in  one  j'ear, 
the  second  in  two  years,  the  third  in  three  years,  the  fourth  in  four 
j^ears,  as  the  Common  Council  shall  have  provided  next  after  the  date 
of  the  confirmation  by  the  Common  Councjl  of  the  assessment  roll 
containing  the  same,  with  interest  annually  at  the  rate  of  five  per  cent, 
per  annum:  Provided,  however.  That  said  assessments,  with  the  in- 
terest thereon  at  the  rate  aforesaid,  may  be  paid  to  the  city  treasurer 
at  any  time  after  the  confirmation  as  aforesaid,  of  the  assessment  roll 
containmg  the  same,  and  if  not  paid  when  due  ten  per  cent,  shall  be 
added  thereto  and  collected  thereon  with  said  assessments.  Said  bonds, 
or  any  of  the  avails  thereof,  shall  be  used  only  in  the  defraying  of  the 
expense  of  the  special  improvement  for  which  they  were  issued. 


Fifth;  The  powers  herein  granted  relative  to  the  fssue  of  str-et 
or  sewer  improvement  bonds  shall  be  construed  to  be  piermissive,  ii\id 
their -exercise  within  the  discretion  of  the  Common  Council,  and  if 
said  Common  Council  shall  not  order  the  same  to  be  issued,  or  if 
issued,  shall  not  be  able  to  negotiate  the  same  under  the  provisions 
of  this  section,  then  the  expense  of  such  street  improvements  shall  be 
defrayed,  provided  for  and  raised  in  the  same  manner  as  the  expense 
of  other  public  improvements  under  the  provisions  of  this  title,  and 
as  tiiough  no  authority  had  been  given  to  issue  such  bonds. 

OKDKK  TO  MAKE  IMPKOVKMENT  BY  COUNCII.  TO  BOARD  OF  ASSESSORS. 

(Sec.  i68.)  Par.  3.  The  Common  Council  shall  thereupon  make 
an  order  reciting  the  public  improvements  so  as  aforesaid  intended  to 
be  made,  the  amount  of  expense  to  be  assessed  therefor,  and  the  por- 
tion of  real  estate  in  said  city  on  which  the  same  is  to  be  assessed  and 
directing  the  Board  of  Assessors  to  make  an  assessment  upon  all  real 
estate  within  the  portion  of  the  city  so  apportioned,  of  the  amount  of 
expense  in  proportion  as  near  as  may  be  to  the  advantages  which  each 
portion  or  parcel  shall  be  deemed  to  acquire  by  making  such  improve- 
ment. Such  order  shall  be  certified  to  by  the  clerk  and  delivered  to 
the  Board  of  Assessors,  together  with  the  map  or  profile  of  the  pro- 
posed improvement  in  cases  where  the  same  is  practicable. 

ASSESS3IEXT  ROLL  BY  BOARD  OF  ASSESSORS— MAKING  OF  AND  RETURN 

OF. 

(Sec.  169.)  Par.  4.  The  Board  of  Assessors  shall  make  an  assess- 
ment according  to  said  order  and  make  out  an  assessment  roll  in  which 
shall  be  entered  the  names  of  the  persons  owning  the  real  estate  so 
assessed,  the  description  of  the  property  on  which  the  assessment  is 
made,  the  amount  assessed  thereon  respectively,  and  in  asses'^ments 
for  street  or  sewer  improvements  under  paragraph  two  of  this  title, 
where  the  expense  thereof  is  to  be  defrayed  in  the  first  instance  by  the 
proceeds  of  street  or  sewer  improvement  bonds,  they  shall  divide  each 
assessment  into  such  number  of  equal  parts  as  the  Common  Council 
shall  have  ordered,  and  in  case  any  lots  or  parts  of  lots  shall  be  occu- 
pied and  belong  to  any  person  residing  in  said  cit}\  such  person  shall 
be  assessed  for  the  same  and  his  name  entered  accordingly  with  the 
value  thereof  and  the  amount  assessed  thereon,  and  lots  that  maj'  be 
owned  by  non-residents  of  said  city  shall  be  assessed  in  the  same  man- 
ner to  the  owner  thereof.  The  said  assessment  roll  shall  be  sub- 
scribed by  said  Board  of  Assessors,  or  a  majority  of  them  who  acted 
in  the  premises,  and  returned  as  speedily  as  possible  to  the  Common 
Council. 

RETURN    OF    ASSESSMENT    ROLL— ADVERTISING    OF    BY    CITY    CLERK- 
APPEALS  FROM. 

(Sec.  170.)  Par.  5.  Upon  such  return  being  made  and  filed  the 
city  clerk  shall  cause  notice  of  the  names  returned  to  his  office  to  be 
published  in  one  of  the  newspapers  of  the  city  for  such  time  as  the 
Common  Council  shall  direct,  provided  that  there  shall  be  at  least  two 
publications  before  the  roll  shall  be  acted  upon  by  the  Common  Coun- 
cil. The  Common  Council  will  on  such  day  as  it  shall  have  appointed 
for  the  hearing,  of  any  appeals,  or  upon  any  day  to  which  the  same 
may  be  adjourned,  proceed  to  hear  such  appeals.  Every  appeal  shall 
be  in  writing  and  shall  state  the  specific  grounds  of  the  appeal  and  the 
matters  therein  complained  of,  and  no  other  matters  shall  be  con- 
sidered by  the  Common  Council.     Such  appeals  shall  be  filed  in  the 

S3 


office  of  the  city  clerk  on  or  before  the   first  day  for  the  hearing  of 
appeals  and  be  a  part  of  the  public  records  of  his  office. 

HEARING   ON   APPEAliS— DISPOSITION   OF— CORRECTIONS   IN   ROLL. 

(Sec.  171.)  Par.  6.  At  the  time  fixed  for  the  hearing,  or  ad- 
journed day  thereof,  the  Common  Council  shall  hear  the  allegations 
and  proofs  of  all  persons  who  may  complain  of  such  assessment  and 
rectify  and  amend  the  said  assessment  list  and  the  assessments  con- 
tained in  said  roll,  in  whole  or  in  part,  or  they  may  refer  said  roll 
back  to  said  Board  of  Assessors  for  correction  or  may  set  the  same 
aside  and  direct  a  new  assessment;  and  in  case  the  said  roll  shall  be 
set  aside  the  same  proceeding  shall  be  had  as  herein  provided  upon 
the  first  order  of  the  assessment,  or  the  Common  Council  may  ratify 
and  confirm  such  assessment  without  any  corrections  or  with  such  cor- 
rections therein  as  they  may  think  proper;  but  if  no  appeals  shall  be 
made  from  such  assessment  at  the  day  appointed  for  that  purpose,  the 
Common  Council  shall  ratify  and  confirm  said  roll  after  making  such 
corrections  in  said  assessment  list  of  names  and  descriptions  of  real 
estate  as  it  deems  necessary  and  proper:  Provided,  however,  that 
nothing  herein  contained  shall  prevent  said  Common  Council  from 
setting  aside  said  roll  and  ordering  a  new  assessment  on  account  of 
any  illegality,  imperfection  or  irregularity  in  any  proceeding  prior  to 
the  making  of  said  roll,  or  on  account  of  failure  on  the  part  of  said 
Board  of  Assessors  making  said  assessments  to  assess  the  entire  dis- 
trict ordered  to  be  assessed  by  said  Common  Council.  A  certified 
copy  of  said  assessment  roll  confirmed  as  aforesaid  and  as  hereinbefore 
provided  shall  be  delivered  to  the  city  treasurer  by  the  city  clerk, 
who  shall  take  the  receipt  of  the  city  treasurer  therefor  and  endorse 
thereon  the  tiuie  of  such  delivery. 

ADVERTISING  OF  ASSESSMENT  ROLLS  BY  TREASURER— LENGTH  OF  TIME 
FOR    PAYIWENTS— PERCENTAGE    ADDED. 

(Sec.  172.)  Par.  7.  The  city  treasurer  shall  thereupon  give  notice 
by  publication  once  a  week  for  three  successive  weeks  in  a  newspaper 
published  in  said  city  of  the  receipt  of  such  assessment  roll,  and  that 
the  same  will  remain  in  his  office  for  the  space  of  twenty  days  after 
the  first  publication  of  said  notice  during  which  time  he  will  receive 
the  payments  of  assessments  made  thereon,  without  extra  charge. 
The  city  treasurer  shall  give  receipts  to  all  persons  who  shall  pay 
their  assessments  to  him  before  the  expiration  of  said  twenty  days 
and  shall  endorse  the  same  so  paid  to  him  on  such  roll.  Immediately 
after  the  expiration  of  said  twenty  days,  said  city  treasurer  shall  cause 
to  be  served  upon  each  person,  firm,  company  or  corporation  whose 
name  appears  on  such  roll  as  not  having  paid  the  tax  assessed  against 
him  or  it  within  the  twenty  days  above  named,  a  written  or  printed 
or  partly  written  and  partly  printed  notice  specifying  the  amount  of 
the  tax  assessed  against  him  or  it,  ^yith  two  per  cent,  added  for  col- 
lection fees,  and  giving  notice  that  after  the  expiration  of  thirty 
days  from. the  date  of  said  notice  a  further  sum  of  three  per  cent,  on 
the  original  tax  will  be  added  to  all  taxes  remaining  unpaid  on  said 
roll  at  such  date  as  a  collection  fee.  Such  notice  shall  be  served  by 
sending  the  same  through  the  niail  with  the  postage  prepaid  thereon 
duly  directed  to  the  person,  firm,  company  or  corporation,  as  assessed. 
The  said  city  treasurer  shall  make  proof  of  such  service  upon  the  roll 
by  setting  out  a  copy  thereof  and  the  names  of  the  several  persons 
upon  whom  the  manner  by  which  such  service  was  had,  and  certify 
the  same  under  his  hand. 

54 


MAYOR'S   WARRANT— TREASURER    TO    COLLECT!  DN. 

(Sec.  173  )  Par.  8.  At  the  time  of  the  delivery  of  the  roll  to  the 
city  treasurer  the  mayor  shall  attach  his  warrant  thereto  command- 
ing the  city  treasurer  to  collect  all  taxes  therein  contained  together 
with  the  fees  hereinbefore  described,  within  ninety  days  from  the 
date  thereof.  It  shall  be  his  duty  to  add  to  said  assessment  two  per 
cent,  to  the  original  tax  on  all  sums  not  paid  within  the  twenty  days 
aforesaid  and  the  further  sum  of  three  per  cent,  if  not  paid  within 
thirty  days  from  the  date  of  said  notice,  which  said  sums  of  two  per 
cent,  and  three  per  cent,  added  to  said  original  assessment  shall  there- 
after remain  a  part  of  the  same.        , 

DATLY  DEPOSITS  BY  TREASURER— FEES,  DISPOSITION  OF, 

(Sec.  174.)  Par.  9.  Said  city  treasurer  shall  deposit  all  taxes  and 
fees  collected  by  him  daily  in  the  city  depositary  or  depositaries,  or 
as  the  Common  Council  shall  direct,  and  shall  proceed  in  the  collec- 
tion thereof  in  the  same  manner  as  in  the  collection  of  State,  County 
or  municipal  taxes  within  the  corporate  limits  of  the  city,  except  as 
herein  otherwise  provided.  In  the  case  of  assessment  rolls  for  street 
improvements  under  the  provisions  of  Section  two  of  this  title,  and 
where  the  assessments  therein  are  divided  into  equal  parts  and  are 
pa3-able  in  installments  under  the  provisions  of  Section  two  of  this 
title,  the  said  warrant  shall  command  the  collection  of  the  several  in- 
stallments of  the  said  assessment  as  the  same  shall  have  been  divided 
in  said  assessment  roll,  and  the  treasurer's  notice  shall  correspond 
thereto.  All  fees  received  by  the  city  treasurer  in  conformity  with 
the  provisions  of  this  title  shall  belong  to  the  city  and  be  paid  into 
the  city  treasury  to  the  credit  of  the  general  fund  of  the  city. 

UNDIVIDED  INTERESTS— HOW  SAME  MAY  BE  PAID. 

(Sec.  175.)  Par.  10.  Any  person  owning  any  undivided  share  or 
other  part  or  parcel  of  real  estate  assessed  in  one  description  may  pay 
the  tax  on  the  part  thus  owned  by  paying  an  amount  having  the  same 
relation  to  the  whole  tax  as  the  part  on  which  payment  is  made  has  to 
the  whole  parcel.  The  person  making  such  payment  shall  accurately 
describe  the  part  on  which  to  make  payment,  and  the  receipt  given 
and  the  record  of  the  receiving  officer  shall  so  show  such  description 
and  bj'  whom  paid;  and  in  case  of  the- sale  of  the  remaining  part  for 
non-payment  of  the  assessment,  such  person  making  such  payment 
may  purchase  the  remaining  part  or  parts  in  like  manner  as  any  dis- 
interested person  could  purchase  the  same. 

PAY^IENT  OF  ANOTHER'S  TAX,  ETC.— RECOURSE  IN  LAW— STREET  RAIL- 
WAY  ASSESS3IENTS,   COLLECTION   OF. 

(Sec.  176.)  Par.  11.  Where  any  such  assessment  shall  be  made 
upon  or  paid  by  any  person,  when  by  agreement  or  by  law  the  same 
ought  to  be  borne  or  paid  by  any  other  person,  it  shall  be  lawful  for 
the  one  so  paying  to  sue  for  and  recover  of  the  person  bound  to  pay 
the  same,  the  amount  so  paid,  with  interest.  When  any  assessment  is 
made  against  any  street  railway  company,  or  the  same  shall  become 
due  by  reason  of  any  franchise  given  to  said  street  railway  company,  and 
the  samle  shall  not  have  been  paid  within  the  time  fixed  for  the  collec- 
tion of  taxes  in  said  warrant,  an  action  of  assumpsit  may  be  insti- 
tuted in  behalf  of  the  city  in  the  proper  court  to  recover  the  amount 
of  said  assessment  or  assessments,  or  that  shall  be  due  the  city 
under  the  franchise  of  said  street  railway  company. 

55 


REFUND   OF   OVER-COLLECTIONS. 

(Sec.  177.)  Par.  12.  If  upon  the  completion  of  any  such  improve- 
ment for  which  such  assessment  shall  have  been  made,  it  shall  appear 
that  a  greater  amount  has  been  assessed  and  collected  than  is  neces- 
sary to  pay  the  expenses  thereof,  the  Common  Council  shall  appor- 
tion such  excess  among  the  persons  and  property  assessed  in  propor- 
tion to  the  amount  collected  of  them,  and  shall  pay  the  same  to  such 
persons  entitled  thereto  on  demand. 


CHANG1N(;    OF    ORIGINAL,    PLANS— WHEN    SAME    MAY    BE    DONE— ADDI- 
TIONAL  ASSESSMENT   AND   DISTRICT. 

(Sec.  178.)  Par.  13.  The  Common  Council  and  Board  of  Public 
Works  may  change  the  plans  and  specilications  of  the  work,  for  the 
payment  of  which  said  assessment  is  ordered  to  be  made,  and  may 
add  to  or  diminish  the  same  at  any  time  before  the  completion  of  the 
assessment  roll  therefor  by  the  Board  of  Assessors,  but  not  after- 
wards; and  if  it  shall  appear  that  a  greater  sum  of  money  has  been 
expended  in  the  completion  of  such  improvement  than  was  estimated 
as  aforesaid,  the  Common  Council  may  direct  the  assessment  of  the 
same  on  the  owners  of  the  real  estate  benefited  by  such  improvement 
in  the  same  manner  as  above  herein  described,  and  the  same  pro- 
ceedings in  all  respects  shall  be  had  thereon,  and  the  Common  Coun- 
cil may  in  its  discretion  enlarge  the  territory  or  district  to  be  assessed 
for  such  improvements. 


CONSTRUCTION    OF   SIDEWALKS— ORDERING    OF   BY   COUNCIL— BUILDING 
OF  BY  CITY— MARSHALS  DUTY  CONCERNING  SAME. 

(Sec.  179.)  Par.  14.  Whenever  the  Common  Council  shall  deem 
it  expedient  to  construct  any  sidewalk  within  the  city,  it  may  by 
ordinance  or  otherwise,  require  the  owner  of  any  lot  or  premises  ad- 
joining thereto,  or  fronting  or  abutting  thereon,  to  construct  such 
sidewalk  in  front  of  or  adjoining  such  lot  or  premises.  The  Com- 
mon Council  in  like  manner  may.  by  ordinance  or  otherwise,  under 
such  penalties  as  it  may  prescribe,  require  the  owner  to  repair  or 
reconstruct  such  sidewalks  in  front  of  or  abutting  thereon  or  adjoin- 
ing his  premises,  in  such  manner  as  it  may  direct.  If  such  owners 
shall  neglect  or  refuse  to  make,  repair  or  reconstruct  any  sidewalk 
in  front  of  or  adjoining  his  premises  within  such  reasonable  time  as 
the  Common  Council  shall  prescribe,  it  shall  be  lawful  for  said  Com- 
mon Council,  upon  proof  being  filed  with  the  city  clerk  of  said  city 
of  the  failure  of  the  owner  of  such  property  to  comply  with  the  re- 
quirements of  said  Common  Council,  to  cause  the- same  to  be  done 
at  the  expense  of  the  city,  and  an  accm-ate  account  of  the  expense 
thereof  shall  be  certified  to  by  the  marshal,  who  is  hereby  authorized 
by  virtue  of  his  office  to  make,  repair  or  reconstruct  such  sidewalk, 
or  cause  the  same  to  be  done  under  the  direction  of  the  Common 
Council,  and  to  file  such  account  in  the  office  of  the  city  treasurer  and 
a  duplicate  thereof  in  the  office  of  the  Board  of  Assessors  within  five 
days  after  such  work  shall  have  been  done.  Said  account  so  certified 
to  by  said  marshal  shall  contain  an  accurate  description  of  each 
parcel  of  real  estate  abutting  thereon  or  adjoining  thereto,  and  which 
was  so  made,  repaired  or  reconstructed,  the  expense  thereof,  and  also 
the  name  of  the  owner  of  the  real  estate,  if  known,  and  if  not  known, 
such  fact  shall  be  so  stated  in  such  account. 


56 


KEXrKX    OF    rXPAIl)    ACCOlNTiS    BY    THKASIRER— KOI.I.S    TO    BK    MADE. 

(Sec.  i8o. )  Par.  15.  It  shall  be  the  duty  of  the  city  treasurer  on 
the  third  Monday  in  July,  October  and  January'  in  each  year  to  re- 
port to  the  Board  of  Assessors  the  said  accounts  then  remaining 
unpaid,  and  the  Board  of  Assessors  shall  place  the  same  in  an  assess- 
ment roll,  together  with  ten  per  cent,  of  each  account  to  be  added 
thereto  which  said  assessment  roll  shall  be  returned  and  reported  by 
said  board  to  the  Common  Council,  and  shall  be  in  substance  the  same 
as  the  assessment  roll  provided  for  by  this  title  in  cases  of  assessments 
to  defray-  the  expense  of  public  improvements  upon  districts  deemed 
to  be  benefited  thereby,  except  that  it  shall  not  be  necessary  to  place 
any  valuation  upon  the  real  estate  described  in  said  roll.  Said  assess- 
ment roll  shall  be  subject  to  appeals  therefrom  to  the  Common  Coun- 
cil, and  notice  of  such  appeals  shall  be  filed  with  the  cit}'  clerk  stating 
the  several  grounds  upon  which  appeal  is  taken,  and  such  appeals  shall 
be  heard  by  the  Common  Council  as  in  cases  of  other  assessments 
provided  for  in  this  title;  and  all  the  provisions  of  this  title  relative  to 
the  hearing  and  action  by  the  Common  Council  on  such  appeals  shall 
be  applicable  thereto,  and  said  rolls  shall  be  subject  to  ratification 
and  confirmation  by  the  Common  Council  as  in  other  cases  provided 
for  in  this  title.  Such  expense  of  making,  repairing  and  reconstruct- 
ing sidewalks  as  aforesaid,  together  with  such  percentage  added  as 
aforesaid  shall  be  and  remain  a  lien  upon  such  real  estate  until  the 
same  is  full}-  paid. 

AFFIXING    OF    C'ERTIFICWTp:    BY    CITY    CI>EKK— :>IAYOR    TO    ANNEX    AV.AR- 
RANT— COM3I.\NI)IN(;     TREASFRER     TO    COLLECT. 

(Sec.  181.)  Par.  16.  The  city  clerk  shall  sign  said  roll  and  annex 
his  certificate  thereto,  and  the  mayor  shall  within  ten  days  thereafter- 
annex  his  warrant  to  said  roll  commanding  said  treasurer  to  collect 
said  assessments  within  sixty  days  from  the  date  thereof. 

All  provisions  of  this  title  relative  to  the  return  and  sale  of  real 
estate  for  the  unpaid  assessments  thereon  are  hereby'  made  applicable 
to  sidewalk  assessments. 

LANDS  ACQFIREI)  BY  TAX  SALE— TREASURER  TO  CERTIFY  TO  COMP- 
TROLLER. 

(Sec.  182.)  Par.  17.  The  city  treasurer  shall  certify  to  the  city 
comptroller  lists  of  all  lands  acquired  by  the  city  on  tax  sales. 

LIABILITY    OF    OWNERS— REFUSING    TO    COMPLY*    WITH    ORDINANCES    OR 
RESOLUTIONS  OF  COUNCIL. 

(Sec.  183.)  Par.  18.  Whenever  the  owner  of  any  real  estate  in 
said  city  shall  refuse  or  neglect  to  comply  within  such  reasonable 
time  as  the  Common  Council  shall  appoint  to  conform  to  any  ordinanc 
resolution  or  other  order  of  the  Common  Council  in  relation  to  the 
removal  of  encroachments  upon  the  public  streets  of  said  city,  or  upon 
the  real  estate  belonging  to  the  city,  or  shall  refuse  to  comply  with 
any  of  the  provisions  of  the  statutes  of  this  state,  or  to  conform  to 
any  regulation  in  relation  to  public  streets  or  the  real  estate  belonging 
to  the  city,  in  pursuance  of  the  statutes  of  this  State  or  the  ordinances 
of  the  city,  it  shall  be  lawful  for  the  city  of  Grand  Rapids  through  its 
Common  Council  to  cause  the  removal  of  any  encroachment  or  the 
enforcement  of  any  such  regulation  and  the  compliance  with  said  pro- 
\isions,  and  to  recover  the  amount  of  such  expense  with  any  damages 
incurred  by  the  city  on  account  of  such  refusal  with  costs  of  suit  in 
an  action  debt  or  assumpsit  from  the  owner  of  such   real  estate,  and 

57 


the  same  shall  be  a  personal  charge  against  the  owner  of  such  real 
estate  and  its  appurtenances.  Such  claim  shall  also  be  a  lien  upon 
such  real  estate  and  its  appurtenances  until  paid,  which  lien  may  be 
enforced  under  and  in  accordance  with  the  provisions  of  this  title  in 
relation  to  the  construction  and  repair  of  sidewalks  by  the  city  of 
Grand  Rapids. 

TREASURER'S    DUTIES— REGARDING    UNPAID    ASSESSMENTS. 

(Sec.  184. J  Par.  19.  Ninety  days  after  any  assessment  roll  has 
been  placed  in  the  hands  of  the  city  treasurer  for  collection  without 
a  further  time  shall  have  been  granted  to  him  to  make  collections  of 
assessments  on  such  assessment  roll  by  resolution  of  the  Common 
Council  passed  to  such  effect  and  duly  entered  upon  its  minutes,  and 
at  the  expiration  of  such  further  time,  if  granted,  he  shall  file  in  his 
office  a  complete  list  of  real  estate  upon  which  the  assessments  have 
not  been  paid  or  collected,  with  a  statement  to  whom  each  parcel  of 
real  estate  was  assessed,  and  describe  such  real  estate  and  give  the 
amount  of  the  assessment  together  with  the  collection  fees  as  added 
upon  each  parcel;  and  he  shall  annex  thereto  a  certificate  substantially 
in  the  following  form:  "I  hereby  certify  that  the  above  list  contains 
a  true  and  accurate  statement  of  each  parcel  of  real  estate,  and  the 
assessment  and  collection  fees  thereon  remaining  unpaid,  and  the 
names  of  persons  to  whom  each  parcel  was  assessed,"  and  the  im- 
provement or  work  on  account  of  which  such  assessment  was  made 
shall  be  named  in  such  certificate. 

SALE  OF  REAL  ESTATE  FOR  UNPAID  TAXES — ADVERTISE- 
MENTS, ETC. 

(Sec.  185.)  Par.  20.  Within  sixty  days  after  the  return  of  said 
list  the  city  treasurer  shall  cause  said  list  to  be  inserted  in  a  news- 
paper printed  and  published  in  said  city,  together  with  a  notice  in  sub- 
staiice  as  follows:  "It  appearmg  from  the  return  and  list  of  the  city 
treasurer  that  the  assessment  and  collection  fees  on  the  above  de- 
scribed parcels  of  real  estate  remain  unpaid,  notice  is  hereby  given 
that  said   real   estate  will  be   exposed  for  sale   in   separate  parcels,   at 

public  aution  on  the   day  of A.  D.   19.  .  .  .   at 

10  o'clock  in  the  forenoon  at  the  front  door  of  the  County  Court 
House  in  said  citj-  of  Grand  Rapids,  and  sold  to  the  highest  bidder  for 
the  purpose  of  collecting  said  assessments  and  interest  thereon  and 
one  dollar  for  the  cost  of  selling  each  lot  or  parcel."  Said  date  of 
sale  shall  be  at  least  thirty  days  after  the  first  publication  of  said 
notice  and  shall  be  inserted  in  said  paper  at  least  once  in  each  week 
during  that  time.  Such  sale  may  be  postponed  by  the  treasurer  from 
time  to  time  by  public  proclamation  thereof,  made  at  the  time  and 
place  of  sale  and  by  inserting  notice  of  such  postponement  in  the 
paper  containing  said  notice  next  under  said  notice  of  sale;  and  if 
for  any  cause  such  sale  shall  not  take  place  at  the  time  in  such  notice 
specified,  or  at  the  time  to  which  it  may  be  postponed,  the  Common 
Council  may  direct  said  treasurer  at  any  subsequent  time  to  re-adver- 
tise and  sell  said  real  estate  in  manner  and  form  as  aforesaid. 


COUNCIL    >LAY    COLLECT    FOR    CLEANING    OF    STREETS    AND    SIDEWALKS 
.AND  NUISANCES  THEREON, 

(Sec.  186.)  Par.  21.  The  Common  Council  is  hereby  authorized 
to  assess  the  real  estate  of  residents  and  non-residents  of  the  city 
their  just  proportion  of  the  expense  for  cleaning  and  repairing  streets, 
highways,  alleys,  lanes,  courts,  public  places,  public  grounds  and  side- 

58 


walks,  and  for  removing  nuisances  therefrom.  It  shall  in  all  cases 
be  the  duty  of  the  owner  or  occupant  of  real  estate  in  the  city  adjoin- 
ing any  sidewalk  or  abutting  thereon,  to  keep  such  sidewalk  in  good 
repair,  and  to  remove  and  clear  away  all  dirt,  wood,  snow  and  ice,  and 
other  obstructions  therefrom,  and  not  to  permit  the  same  to  remain 
thereon,  and  upon  his  failure  to  do  so,  the  Common  Council  may 
cause  the  same  to  be  done  at  the  expense  of  the  city,  and  such  expense 
shall  be  assessed  upon  such  real  estate,  and  the  amount  so  assessed 
shall  be  collected  in  the  same  manner,  and  the  same  proceedings  shall 
be  had  in  case  of  the  non-payment  of  the  same  as  is  provided  in  this 
title,  and  such  expense  shall  be  a  lien  upon  such  real  estate  and  may 
be  enforced  in  the  manner  provided  in  this  title  for  the  repairing  or 
building  of  sidewalks. 

TAX  SALES— RECORDS  OF— CERTIFICATES   OF— 

(Sec.  187.)      Par.  22.     The  city  treasurer  shall  attend  said  sale  and 
t  as  auctioneer.     Said  auctioneer  shall  sell  all  lots  or  parcels  of  real 


.nent  due.  and  the  cost  due.  each  separately,  and  the  amount  of  his 
bid,  which  certificate  shall  contam  a  statement  that  said  purchaser  will 
be  entitled  to  a  deed  of  the  real  estate  described  therein  at  the  expira- 
tion of  one  year  from  such  sale,  unless  the  same  shall  sooner  be 
redeemed.  The  city  treasurer  shall  receive  anj'  assessment,  percent- 
age and  costs  due,  at  any  time  before  the  sale  of  the  real  estate  upon 
which  the  same  was  assessed.  The  costs,  if  paid  before  sale,  shall 
be  fifty  cents  on  each  parcel  so  paid,  the  costs  of  advertising  and  the 
fees  for  collection  prescribed  in  said  roll. 

TAX    SALES— PARCELS    BID    IN    BY    CITY— TRANSFER    OF    FUNDS. 

(Sec.  188.)  Par.  23.  In  case  no  person  shall  bid  at  such  sale  the 
amount  of  the  assessments  and  costs  on  any  lot  or  parcel  so  exposed 
for  sale,  the  same  shall  be  struck  ofif  to  the  City  of  Grand  Rapids,  and 
the  city  treasurer  shall  certify  to  the  Common  Council  at  its  next 
regular  meeting  a  statement  of  the  lots  or  parcels  so  struck  ofif  to  the 
city,  the  amiount  for  which  each  lot  or  parcel  so  struck  ofif  was  as- 
sessed, and  the  amount  of  cost  chargeable  to  each  lot  or  parcel.  The 
Common  Council  shall  order  any  such  assessment,  with  the  costs 
thereon,  to  be  paid  out  of  the  general  fund  of  said  city,  and  the  city 
treasurer  shall  thereupon  transfer  from  the  general  fund  to  the  proper 
special  fund  the  amount  specified  in  said  order. 

TAX  SALES— REAL  ESTATE  TO  BE  SOLD  TO  HIGHEST  BIDDER,  ETC. 

(Sec.  189.)  Par.  24.  All  real  estate  ofifered  for  sale  for  unpaid 
assessments  under  the  provisions  of  this  title  shall  be  offered  and  sold 
to  the  highest  bidder;  Provided,  That  no  bid  shall  be  received  for  a 
less  amount  than  the  assessment,  and  collection  fees  added,  and  the 
costs  of  sale  and  advertising  together  with  all  other  costs  and  charges 
legally  chargeable  against  said  real  estate  under  the  provisions  of  this 
title.  In  case  a  greater  amount  is  bid  for  any  lot  or  parcel  of  real 
estate,  and  the  same  is  sold,  than  the  amount  of  the  assessment  and 
costs  and  charges  against  the  same,  the  surplus  shall  be  deposited 
with  the  city  treasurer,  whose  duty  it  shall  be  to  keep  the  same  for 
the  benefit  of  the  person  or  persons  entitled  thereto. 

59 


TAX   SALES— I'KOVJSION    IX   CASK  AMOVNT   BID  EXCEEDS   TAX. 

(Sec.  190.)  Par.  2^.  In  case  any  person  or  persons  entitled  to 
said  srrpii'.s  money  shall  present  to  the  Common  Council  sufficient 
proof  by  aliidavit,  and  such  other  proof  as  may  be  required  by  said 
Common  Council,  of  his  right  thereto,  and  the  Common  Council  shall 
be  satisfied  that  the  person  claiming  the  same  is  lawfully  entitled 
thereto,  it  shall  order  a  warrant  to  be  drawn  upon  the  city  treasurer 
in  favor  of  said  claimant  for  the  amount  thereof;  Provided,  That  said 
Common  Council  may,  if  it  deem  the  same  expedient,  before  it  shall 
allow  such  claim,  require  of  such  claimant  a  bond  of  indemnity  to  the 
City  of  Grand  Rapids  in  a  penal  sum  of  at  least  twice  the  amount  of 
such  surplus  mimey  claimed,  with  good  and  sufficient  sureties  to  be 
approved  by  the  ComnKMi  Council,  conditioned  to  save  the  city  of 
Grand  Rapids  ha'mle.ss  against  all  suits  and  proceedings,  damages, 
costs  and  charges,  which  may  be  brought,  recovered,  sustained  or  in 
any  wise  incurred  by  reason  of  allowing  or  paying  over  such  surplus 
money  to  such  claimant,  which  bond,  if  approved  shall  be  filed  with 
the  city  clerk;  Provided.  That  the  City  of  Grand  Rapids  shall  in  no 
case  be  liable  to  pay  interest  on  any  surplus  money  deposited  as 
aforesaid. 

TAX  SALES— rede:\iptiox  of. 

(Sec  191.)  Par.  26.  Any  distinct  parcel  of  real  estate  sold  under 
the  provisions  of  this  title  may  be  redeemed  at  any  time  within  one 
year  from  the  date  of  sale  thereof  by  paying  to  the  city  treasurer  the 
amount  for  wdiich  it  was  sold,  together  with  one  per  cent,  of  such 
amount  to  be  added  thereto  for  each  month  from  the  date  of  sale  until 
the  time  of  redemption  thereof. 

TAX   SALES— RECORDS   OF. 

(Sec  192.)  Par.  27.  Said  city  treasurer  shall  keep  and  preserve 
in  his  office  all  books,  papers  and  documents  in  relation  to  such  as- 
sessments, the  sale  of  real  estate  for  the  non-payment  of  the  same  and 
any  redemption  thereof,  and  the  same  shall  be  prima  facie  evidence  of 
the  matters  contained  therein. 

TAX   SALES— DEEDS    FOR. 

(Sec.  193.)  Par.  28.  In  case  said  lands  shall  not  have  been  re- 
deemed as  aforesaid,  it  shall  be  the  duty  of  the  mayor  of  said  city  to 
execute  and  deliver  to  the  purchaser  a  deed  of  the  preiriises,  which 
deed  shall  be  in  substance  as  follows: 

"Whereas,  on  the   day  of A.  D.   19.  .  .  .   at  a 

public  sale  made  by  the  treasurer  of  the  City  of  Grand  Rapids,  for 
assessments    duly   assessed   by   said   city   for   the    following   purposes, 

A B became   the  purchaser  of 

the  following  described  real  estate,  to  wit : 


for  the  sum  of dollars,  that  being  the  amount  of  the 

assessment,   costs   and   interest   of   the 

Now.  therefore,  know  all  men  by  these  presents  that  I 

mavor  of  said  city,  in  consideration  of  the 

premises     hereby  grant,     bargain,     sell     and     convey     unto     the     said 

A B his  heirs  and 

assigns,  all  right,  title  and  interest  obtained  by  the  city  in  said  sale  in 
the  real  estate  above  described,  as  so  purchased  by  him,  to  have  and 

60 


lo  liold  the  same  to  the  said his 

heirs  and  assigns  forever. 

Witness  my  hand  and  the  seal  of  said  citv  this day  of 

A.   D.    igo.  .  ." 

TAX    SALHS — I>KKI)S    KOK. 

(Sec.  194.)  Par.  29.  Deeds  on  all  sales  imder  this  title  shall  be 
acknowledged  as  other  conveyances,  and  when  executed  and  acknowl- 
edged as  aforesaid,  shall  vest  in  the  purchaser  the  title  to  said  land, 
and  such  deeds  shall  be  prima  facie  evidence  of  the  existence  and 
regularity  of  all  such  prior  proceedings  leading  up  to  said  sale.  Such 
deeds  shall  be  countersigned  by  the  comjitroller. 

ASSKSS.AIKXT     KOM.S— FILIN(;     OF— COPIES— \VARK.4NT—COKRECTION     OF 
ERRORS. 

(Sec.  195.)  Par.  30.  The  assessment  rolls  made  pursuant  to  the 
provisions  (jf  this  title  shall  be  filed  in  the  office  of  the  city  clerk,  and 
a  true  copy  thereof  shall  be  nuade  to  which  the  warrant  of  the  mayor 
shall  be  annexed  for  the  collection  thereof.  In  case  of  the  loss  or  de- 
struction of  the  said  copy,  a  new  one  may  be  made  to  wdiich  the  war- 
rant of  the  maj'or  shall  be  attached  and  such  new  copy  shall  be  as 
valid  for  all  purposes  as  the  first  copy  would  be  had  full  proceedings 
been  taken  under  it.  If  any  assessment  made  for  any  improvement 
under  this  title  and  herein  provided  for  be  set  aside  or  adjudged  void 
or  illegal  by  a  court,  or  otherwise,  or  if  there  are  defects  or  errors  in 
respect  to.  the  roll  itself,  or  in  the  proceedings  prior  thereto,  the 
Common  Council  may  by  order  set  aside  the  same,  and  go  back  far 
enough  to  correct  th«  proceedings  and  make  a  new  roll. 

ASSESSMENT   ROLLS- COLLECTION   OK. 

(Sec.  196.)  Par.  31.  In  proceeding  to  collect  an  assessment 
upon  a  roll  made  as  aforesaid  the  city  treasurer  shall  credit  on  such 
roll  all  sums  paid  by  any  person,  and  shall  mark  "paid"  all  the  real 
estate  or  an}^  distinct  parcel  thereof,  which  is  separately  assessed 
upon  which  the  assessments  have  been  paid,  and  shall  then  proceed  to 
collect  the  unpaid  assessments  thereon  in  the  manner  directed  in  hi? 
warrant.  The  city  treasurer  shallmake  return  therefif  in  the  manner 
hereinbefore  directed  in  reference  to  other  assessment  rolls. 

ASSESSMENT  ROLLS— EXTENSION  OF  TIME   FOR  COLLECTION  OF— UNPAIIJ 
ORDERS  ON,  ETC. 

(Sec.  197.)  Par.  32.  The  Common  Council  may  at  any  regular 
meeting,  by  a  vote  of  a  majority  of  all  the  aldermen-elect,  extend  the 
time  for  the  collection  of  any  assessment  roll  in  pursuance  of  tjie 
provisions  of  this  title,  from  time  to  time,  beyond  the  time  fixed  in 
the  warrant  of  the  mayor  and  upon  the  granting  of  such  extension, 
the  provisions  of  this  title  shall  apply  to  said  roll  in  the  same  manner, 
as  near  as  may  be,  as  if  such  extension  had  not  been  granted,  and  like 
proceedings  shall  be  taken  thereunder.  The  City  of  Grand  Rapids 
shall  be  liable  for  interest  at  the  legal  rate  per  cent,  on  all  orders 
which  shall  have  remained  unpaid  for  four  months  after  the  date  of 
issue,  pro\ide(J  that  said  orders  shall  have  been  presented  to  the  city 
treasurer  and  payment  thereon  demanded  in  which  case  it  shall  be  the 
duty  of  the  city  treasurer  to  endorse  on  the  back  of  said  order  "Pre- 
sented for  Payment,"  and  also  the  date  of  such  presentation  and  de- 
mand, which  endorsement  shall  be  signed  by  the  city  treasurer  in  his 
official  capacity. 

61 


ASSESSMENT   ROLLS— ALIAS   WARRANT. 

(Sec.  198.)  Par.  33.  If  for  any  reason  not  going  to  the  validity 
of  such  assessment  roll  the  time  for  the  collection  of  any  assessment 
thereunder  shall  expire  before  all  the  assessments  therein  contained 
shall  have  been  collected,  the  Common  Council,  by  a  vote  of  a  major- 
ity of  all  the  aldermen-elect,  may  instruct  the  mayor  to  attach  an  alias 
warrant  thereto  and  fix  the  time  for  the  running  of  such  alias  warrant, 
which  said  alias  warrant  shall  be  the  same  in  form  and  substance  as 
the  original  warrant,  except  that  it  shall  be  therein  indicated  to  be  an 
alias  warrant,  and  shall  command  the  city  treasurer  to  collect  the  bal- 
ance of  said  assessments  then  remaining  uncollected,  as  are  collectible, 
under  the  provisions  of  this  title,  and  the  powers,  duties  and  obliga- 
tions of  the  city  treasurer  under  the  alias  warrant  shall  be  the  same 
as  they  they  were  under  the  original  warrant  . 

CITY  TO   PURCHASE   LANDS   AT   TAX   SALES. 

(Sec.  199.)  Par.  34.  The  City  of  Grand  Rapids  is  hereby  author- 
ized and  empowered  to  purchase  all  parcels  of  land  which  shall  'be  ad- 
vertised and  oflfered  for  sale  under  the  provisions  of  this  title  which 
shall  not  be  sold  as  aforesaid,  and  in  case  the  same  is  not  redeemed  as 
provided  by  law,  to  receive  a  deed  thereof,  and  to  hold,  occupy  and  en- 
joy, use.  possess,  lease  and  convey  the  same  as  fully  and  as  completely 
as  a  natural  person  might  or  could  do. 

TAX  DEEDS  TO  CITY. 

(Sec.  200.)  Par.  35.  Whenever  any  lots,  parts  of  lots  or  parcels  of 
land  shall  be  struck  off  to  the  City  of  Grand  Rapids  as  provided  in 
the  preceding  section,  and  the  same  shall  not  have  been  redeemed 
within  the  time  hereinbefore  provided,  a  deed  or  deeds  shall  be  made 
to  the  city  as  near  as  may  be  in  the  form  prescribed  hereinbefore, 
and  such  deed  so  executed  and  acknowledged  shall  vest  the  fee  of  the 
land  described  therein  in  the  city  of  Grand  Rapids,  divested  of  all 
prior  claims  and  encumbrances. 

PROTECTION    OF   CITY'S    TITLE    IN    EQUITY. 

(Sec.  201.)  Par.  36.  The  city  of  Grand  Rapids  may  maintain  an 
action  of  ejectment  to  recover  possession  of  any  lands  to  which  it  may 
have  obtained  title  at  any  tax  sale  or  sales,  against  any  person  in  pos- 
session thereof  claiming  adversely.  The  City  of  Grand  Rapids  being 
in  possession  of  any  of  said  lands  to  which  it  has  obtained  title  as 
aforesaid,  may  file  a  bill  in  equity  in  the  proper  court  to  quiet  and 
establish  its  title,  and  free  the  same  from  cloud  against  any  person 
or  persons  claiming  an  interest  therein  hostile  to  the  city's  title. 

COMPTROLLER    TO    LEASE    AND    NEGOTIATE    SALE    OF    PROPERTY    PUR- 
CH.^SED  BY  CITY. 

(Sec.  202.)  Par.  37.  It  shall  be  the  duty  of  the  city  comptroller 
as  soon  as  the  city  of  Grand  Rapids  obtains  title  to  any  real  estate 
under  the  provisions  of  this  title,  to  lease  the  same  upon  the  best 
terms  he  can  secure  for  a  period  of  time  not  exceeding  three  years, 
unless  further  time  be  authorized  by  the  Common  Council,  reserving 
in  such  lease  the  right  of  said  city  to  sell  the  real  estate  embraced 
therein  at  any  time  during  the  continuance  thereof.  It  shall  also  be 
his  duty  to  negotiate  terms  of  sale  for  such  real  estate,  and  to  report 
such  terms  to  the  Common  Council,  and  if  the  Common  Council  shall 
approve  thereof,  it  may  order  a  conveyance  to  be  made  in  accordance 
therewith. 


COMPTROLLER  TO  REPORT  LIST  OF  REAL  ESTATE  OWNED  BY  CITY  AXD 
COLLECT    RENTS    DUE    ON    SUCH   LANDS. 

(Sec.  203.)  Par.  38.  It  shall  be  the  dutj'  of  said  city  comptroller 
to  report  in  writing  to  said  Common  Council  at  least  once  in  six 
months  and  as  much  oftener  as  the  Common  Council  shall  require, 
a  particular  description  of  all  the  real  estate  owned  by  the  city  in 
pursuance  of  the  provisions  of  this  charter,  and  if  any  of  said  real 
estate  is  leased,  he  shall  so  state  in  his  report  to  the  Common  Council, 
and  the  terms  of  such  lease  or  leases,  and  also  the  amount  realized 
on  the  same  respectively.  It  shall  also  be  his  duty  to  attend  to  the 
collection  of  the  rents  due  on  such  parcels  of  land,  and  he  shall  pay 
all   sums   so   collected   without  delay  to  the  city  treasurer. 

COMPTROLLER    TO    PROTECT    CITY'S    TITLE    BY    PURCHASES    AT    OTHER 
SALES,  ETC. 

(Sec.  204.)  Par.  39.  Said  citj'-  comptroller  shall  as  far  as  pos- 
sible protect  the  title  of  the  city  to  said  real  estate,  and  for  that  pur- 
pose shall  purchase  the  same  at  any  sale  for  state,  county  or  municipal 
taxes  or  assessments,  when  advisable,  and  the  said  city  is  hereby 
authorized  to  become  the  purchaser  of  such  real  estate  at  any  such 
sale.  . 

MONEY  PAID  ON  ACCOUNT  OF  REAL  ESTATE  TO  BE  PLACED  IN  GENERAL 
FUND. 

(Sec.  205.)  Par.  40.  All  moneys  received  on  account  of  real 
estate  owned  by  said  city,  the  title  to  which  is  vested  in  the  city  in 
pursuance  of  the  provisions  of  this  title,  shall  be  paid  into  the  city 
treasury,  and  placed  in  the  general   fund. 

PAYMENT    OF    AMOUNT    BID    AT    A    TAX    SALE— 48    HOURS'    TIME— PROVI- 
SION IN  CASE  OF  NON-PAYMENT. 

(Sec.  206.)  Par.  41.  The  purchaser  at  a  sale  made  in  accord- 
ance with  the  provisions  of  paragraph  twenty  of  this  title,  shall,  if 
the  city  treasurer  requires  it,  make  immediate  payment  of  the  amount 
of  his  bid,  and  in  case  of  his  neglect  or  refusal  to  make  such  pay- 
ment, the  treasurer  may  declare  the  bid  canceled,  and  ofifer  the  real 
estate  for  sale  again.  In  case  any  person  neglects  or  refuses  to 
paj'  any  bid  made  by  him  as  aforesaid,  he  shall  not  thereafter  be 
entitled  to  bid  further  at  said  sale.  In  all  other  cases  the  purchaser 
shall  pay  the  amount  of  their  respective'  bids  within  forty-eight  hours 
after  the  sale  is  closed.  In  case  any  purchaser  shall  fail  to  pay  the 
amount  of  his  bid  within  forty-eight  hours  any  other  person  paying 
such  amount  shall  have  a  certificate  of  sale  issued  to  him  in  accord- 
ance with  the  provisions  of  paragraph  22  of  this  title;  but  if  no  such 
person  pays  such  amount  said  real  estate  shall  be  set  down  as  struck 
off  to  the  city  of  Grand  Rapids  in  the  same  manner  and  to  the  like 
effect  as  if  there  had  been  no  bidders  for  such  real  estate  at  such 
sale. 

PURCHASERS    BEFORE    RECEIVING    TAX    DEED— TO    PAY    ALL    PREVIOUS 
UNREDEEMED  TAX  SALES. 

(Sec.  207.)  Par.  42.  If  in  any  event  it  shall  occur  that  any  real 
estate  is  advertised  for  sale  under  the  provisions  of  this  title  and  shall 
be  struck  oflf  to  a  purchaser  other  than  the  city  of  Grand  Rapids,  and 
at  the  same  time  the  whole  or  any  part  thereof,  has  heretofore  been 
struck  ofif  to  the  city  of  Grand  Rapids  on  account  of  any  previous  un- 

63 


paid  tax  or  assessment,  and  the  wliolc  of  sucli  real  estate,  or  any 
part  thereof  as  aforesaid,  sliall  remain  nnredeemed  from  snch  previous 
unpaid  tax  or  assessment  at  the  time  that  said  purchaser  on  the  sale 
tirst  hereinbefore  mentioned  shall  become  entitled  to  receive  a  deed 
of  said  real  estate,  he  shall  before  receiving  said  deed,  pay  to  the 
city  treasurer  the  full  amount  of  all  such  previous  unpaid  taxes  and 
assessments,  costs  and  charges,  for  which  said  real  estate  or  any  part 
thereof  shall  have  been  struck  off  to  the  city  of  Grand  Rapids,  and 
which  remains  unredeemed  as  aforesaid,  anything  in  this  title  to  the 
contrary  notwithstanding.  All  bids  made  at  any  sale  of  real  estate 
as  provided  for  in  this  section  shall  be  deemed  to  be  made  subject  to 
the  provisions  thereof. 

COKKECTION    OF   ERRORS    IN    DESCRIPTIONS    OF   REAL    ESTATE. 

(Sec.  •208.)  Par.  43.  Whenever  the  Common  Council  shall  dis- 
cover that  any  real  estate  on  which  any  ta.x  or  assessment  remains 
unpaid  has  been  so  imperfectly  or  erroneously  described  that  the 
same  cannot  in  its  opinion  be  located  with  certainty,  or  that  the  sale 
thereof  would  not  convey  to  the  purchaser  a  valid  title  to  the  real 
estate  intended  to  be  charged  with  such  assessment  by  reason  of  the 
imperfect  or  erroneous  description  thereof,  the  Common  Council 
shall  by  an  order  entered  in  its  minutes,  accurately  describe  such  real 
estate  intended  to  be  charged  with  such  tax  or  assessment,  and  shall 
direct  the  city  treasurer  to  correct  the  assessment  roll  on  file  in  his 
offlce  containing  such  imperfect  or  erroneous  description  so  as  to 
make  it  correspond  with  the  accurate  description  contained  in  said 
order  of  the  Common  Council,  and  thereupon  all  copies  of  such 
assessment  roll  required  by  the  provisions  of  this  act  to  be  made  shall 
be  made  to  correspond  therewith  as  corrected:  Provided,  That  no 
such  imperfect  or  erroneous  description  shall  be  corrected  until  the 
owner  of  the  real  estate  shall  be  notified  of  such  intended  correction 
by  a  printed  or  written  or  partly  printed  and  partly  written  notice, 
either  served  upon  him  personally,  or  by  leaving  the  same  at  his  place 
of  abode  with  some  suitable  person  of  proper  age  and  discretion  at 
least  three  days  before  such  correction  shall  be  made.  In  case  such 
owner  is  a  non-resident  of  the  city,  such  notice  shall  be  published  in 
one  of  the  newspapers  of  the  city  at  least  three  days  before  such 
correction   shall   be  made. 


SAI>E  OF  BUII^I)IN(iS,  ETC.,  ON  PROPERTY  TAKEN  FOR  OPENING  STREETS. 
ETC. 

(Sec.  209.)  Par.  44.  Whenever  in  the  laying  out.  establishing, 
opening,  extending,  widening  or  straightening  any  highway,  street, 
avenue,  lane,  alley,  public  ground  or  spaces  in  said  city,  any  build- 
ings or  parts  thereof,  or  other  appurtenances  to  the  realty  shall  be 
taken  and  condemned,  it  shall  be  the  duty  of  the  Common  Council  of 
said  citj^  to  dispose  of  the  same  either  at  public  or  private  sale  as 
soon  as  possible  after  the  title  is  vested  in  the  city  for  the  best  price 
that  can  be  obtained  therefor,  and  distribute  the  net  proceeds  thereof 
among  the  persons  whose  property  were  assessed  for  the  benefits 
received  in  making  such  improvement,  in  proportion  to  the  amount 
collected  of  them  for  such  benefits,  and  pay  the  same  to  such  per- 
sons on  demand  after  such  sale  and  the  receipt  of  the  proceeds  there- 
of: Provided,  however,  that  when  any  part  of  the  damages  and  com- 
pensation is  assessed  to  the  city  of  (irand  Rapids  a  pro  rata  share  of 
such   proceeds  shall   be  paid  into  the  general   fund  of  said  city. 

64 


ERRORS  AND  O.AIISSIOXS  IX  MAKINii  ASSESSMENTS,  ETC.,  NOT  TO  DEFEAT 
CITY  IN  COLLECTION  OF  TAX. 

(Sec.  210.)  Par.  45.  No  mistake  or  error  in  the  proceedings  iji 
regard  to  the  opening  or  improvement  of  streets,  avenues,  public 
ways  or  alle3's  or  in  the  construction  of  sewers,  or  in  the  assessment 
or  collection  of  costs  or  expenses  thereof,  or  in  the  proceedings  for 
the  assessment  or  collection  of  municipal  taxes  in  said  city,  or  any 
irregularity  in  any  special  or  city  tax  roll  by  reason  of  the  proceed- 
ings therefor  not  being  had  within  the  time  required  by  law,  or  the 
property  having  been  assessed  to  the  wrong  owner,  or  any  irregular- 
ity, informality  or  omission  or  want  of  any  matter  of  form  or  sub- 
stance in  the  proceedings  that  does  not  prejudice  the  property  rights 
of  the  person  whose  property  is  taxed,  shall  defeat  the  city  in  the 
collection  thereof;  but  any  such  errors  may  be  corrected  on  equitable 
principles  under  the  direction  of  the  Common  Council  of  the  city,  if 
discovered  before  suit  is  brought  thereon  or  by  the  court  after  suit 
is  instituted,  and  the  equitable  amount  due  the  city  may  be  enforced 
as  though  no  such  error  had  occurred.  All  proceedings  in  assessing 
and  levying  taxes  for  special  improvements  and  the  sale  and  con- 
vej-ance  of  land  thereunder  shall  be  presumed  by  all  courts  of  this 
state  to  be  legal  until  the  contrary  is  affirmatively  shown.  The  ab- 
sence of  any  record  of  any  proceeding  or  proceedings,  or  the  omis- 
sion of  any  mention  in  any  record  of  any  vote  or  proceeding  or  of 
mention  of  any  matter  in  any  statement  or  certificate  that  should 
appear  therein,  under  the  provisions  of  this  act,  or  of  any  law  of 
this  state,  shall  not  affect  the  validity  of  said  proceedings,  tax  or  title 
depending  thereon,  provided  the  fact  that  such  vote  or  proceeding 
was  had  or  tax  authorized  is  shown  by  any  other  record,  statement 
or  certificate  made  evidence  by  the  terms  of  this  act.  or  any  other  law 
of  this  state.  No  special  tax  or  proceedings  leading  up  to  such  tax 
or  sale  of  property  for  said  tax  shall  be  rendered  or  held  invalid  by 
showing  that  any  record,  statement,  certificate,  affidavit,  paper  or 
return,  cannot  be  found  in  the  proper  office;  and  unless  the  contrary 
is  affirmatively  shown  the  presumption  shall  be  that  such  record 
was  made  and  such  certificate,  statement,  affidavit,  paper  or  return 
was  duly  made  and  filed. 


ASSESSMENTS   AGAINST   RAILROAD   PROPERTY,   ETC. 

(Sec.  211.)  Par.  46.  All  freight  houses,  roadbeds,  rights  of  way 
and  other  premises  belonging  to  any  steam  railroad  or  railroad  cor- 
poration or  company  within  the  corporate  limits  of  the  City  of  Grand 
Rapids,  which  are  necessarily  used  in  the  operating  of  the  respective 
franchises  of  the  owners  of  said  railroads,  and  the  person,  company 
or  corporation  owning  the  same  are  liable  for  all  valid  unpaid  assess- 
ments for  public  improvements  hereafter  made  within  the  city  of 
Grand  Rapids  and  assessed  against  the  same,  but  no  lien  shall  attach 
thereon  on  account  of  such  assessments  and  the  payment  of  such 
assessments  shall  not  be  enforced  and  collected  by  sale  of  said  prop- 
erty. Assessments  of  such  classes  of  property  shall  be  made  in  the 
same  manner  as  the  assessments  of  other  property  under  the  charter 
of  said  city  for  special  improvements,  and  the  assessment  roll  for 
such  special  improvement  taxes  shall  be  prima  facie  evidence  in  any 
court  of  the  regularity  of  all  proceedings  leading  up  to  the  assess- 
ment and  the  making  of  said  roll. 


65 


COLLECTION    OF    ASSESSMENTS    AGAINST    RAILROAD    PROPERTY. 

(Sec.  212.)  Par.  47.  All  special  assessments  made  as  aforesaid 
against  the  property  of  said  railroad  companies,  and  the  owners 
thereof,  for  public  improvements,  and  all  installments  thereof  together 
with  the  interest,  costs  and  charges  thereon  for  enforcing  the  collec- 
tion of  the  same,  are  hereby  made  and  declared  legal  demands  against 
each  and  every  of  said  railroad  or  railway  corporations  or  companies 
against  whose  property  such  assessments  are  made  in  favor  of  the 
city  of  Grand  Rapids,  and  if  any  of  said  railroad  or  railway  corpor- 
ations or  companies  shall  fail  to  make  payment  thereof  within  the 
time  payment  is  required  of  such  special  assessments  under  the  roll 
on  which  they  are  extended,  then  the  city  of  Grand  Rapids  may  insti- 
tute an  action  in  assumpsit  or  other  proper  legal  action  in  any  court 
of  competent  jurisdiction  against  the  owners  of  said  properties,  and 
if  judgment  be  rendered  thereon  in  favor  of  said  city  of  Grand  Rap- 
ids, the  same  may  be  collected  on  execution  out  of  any  property  of 
said  railroad  or  railway  corporations  or  companies  liable  to  levy  and 
sale  on  execution. 


HIGHWAY    DISTRICTS— FUNDS    FOR    AND    USE    OF    SAME. 

(Sec.  213.)  Par.  48.  Each  of  the  several  wards  of  said  city 
shall  constitute  a  separate  highway  district,  and  each  district  shall 
have  its  separate  highway  fund,  and  it  shall  not  be  lawful  to  expend 
any  portion  of  the  highway  tax  authorized  by  this  act  except  in  the 
highway  district  in  which  it  was  raised.  The  money  paid  into  the 
city  treasury  to  the  credit  of  the  several  highway  funds  shall  not  be 
used  for  any  other  purpose.  The  money  so  collected  and  paid  into 
the  city  treasury  under  the  provisions  of  this  section,  shall  be  credited 
to  the  several  highway  funds  and  be  expended  under  the  direction  of 
the  Common  Council  by  such  person  or  persons  and  under  such  regu- 
lations as  the  Common  Council  may  determine  and  adopt  in  the  care, 
maintenance,  cleaning  and  sprinkling  of  the  streets,  highways,  alleys, 
lanes,  courts,  public  places  and  public  grounds  in  the  city.  Nothing 
herein  contained  shall  be  construed  to  authorize  the  use  of  such  high- 
way money  in  the  grading  and  paving  of  any  street,  highway,  alley, 
lane,  court,  public  place  or  public  ground  in  the  city. 

HIGHWAY  COMMISSIONERS  TO  MAKE  REPORTS,  ETC. 

(Sec.  214.)  Par.  49.  The  person  or  persons  appointed  by  the 
Common  Council  to  superintend  the  expenditure  of  highway  funds 
of  said  city,  shall  at  the  regular  meeting  of  the  Common  Council  in 
each  week  make  a  full  report  of  his  or  their  doings  and  expenditures 
of  such  funds  during  the  previous  week  with  vouchers  for  the  same 
verified  by  oath  or  affirmation,  and  if  such  statements  and  reports 
of  expenditures  shall  be  satisfactory  to  the  Common  Council,  it  shall 
order  the  payment  thereof  out  of  the  proper  highway  funds  of  the 
city. 

RELATlVte  TO  BORROW^NG  MONEY  FOR  HIGHWAY  PURPOSES. 

(Sec.  215.)  Par.  50.  The  Common  Council  may  borrow  on  the 
credit  of  the  city  for  highway  purposes  any  sum  necessary  for  im- 
mediate use  not  exceeding  two  thousand  dollars  in  any  one  year, 
and  at  a  legal  rate  of  interest,  which  shall  be  paid  from  the  high- 
way tax  of  the  district  for  which  it  was  borrowed. 

66 


SEWER   DISTRICTS— FUNDS    FOR   AND    USE    OF    SA>IE. 

(Sec.  216.)  Par.  51.  All  that  portion  of  the  City  of  Grand  Rap- 
ids lying  on  the  east  side  of  Grand  River  and  south  of  Fulton  street 
shall  constitute  the  first  sewer  district  of  said  city;  all  that  portion 
of  said  city  lying  on  the  east  side  of  Grand  River  and  north  of  Ful- 
ton street  shall  constitute  the  third  severer  district  of  said  city;  and 
all  that  portion  of  said  city  lying  on  the  west  side  of  Grand  River 
shall  constitute  the  second  sewer  district  of  said  city.  Each  sewer 
district  shall  have  its  separate  sewer  fund  and  it  shall  not  be  lawful 
to  expend  any  portion  of  the  sewer  fund  authorized  by  this  act,  ex- 
cept in  the  sewer  district  in  which  it  was  raised.  The  amount  paid 
into  the  city  treasury  to  the  credit  of  each  of  said  sewer  funds  shall 
not  be  used  for  other  purposes. 


TITLE  VII. 
BOARD  OF  ASSESSORS. 

APPOINTMENT  OF— TERM  OF  OFFICE— SALARY  OF. 

(Sec.  220.)  Par.  i.  There  shall  be  three  assessors  in  the  City  of 
Grand  Rapids  who  shall  be  appointed  by  the  mayor  and  known  as  "The 
Board  of  Assessors  of  the  City  of  Grand  Rapids,"  each  of  whom  shall 
hold  his  office  for  the  term  of  three  years  and  until  his  successor  is  ap- 
pointed by  the  mayor  and  duly  qualified,  and  whose  powers  and  duties 
shall  be  as  hereinafter  provided.  Each  assessor  shall  receive  a  salary  not 
exceeding  eighteen  hundred  dollars  per  annum,  to  be  fixed  by  the  Com- 
mon Council  of  said  city,  payable  monthly  out  of  the  same  fund  and  in 
like  manner  as  other  city  officers  are  paid.  The  member  of  said  Board  of 
Assessors  whose  term  of  office  shall  soonest  expire  shall  be  the  president 
of  said  board.  Said  Board  of  Assessors  shall  have  an  office  furnished  for  it 
by  the  city  of  Grand  Rapids  in  the  City  Hall  of  said  city.  The  assessors 
shall  devote  their  entire  time  to  the  duties  of  their  office.  They  shall 
cx-ofhcio  be  members  of  the  Board  of  Supervisors  of  the  County  of  Kent. 

ASSESSMENT   OF  REAL,  AND   PERSONAL   PROPERTY. 

(Sec.  221.)      Par.   2.     Said   Board  of   Assessors   shall   before  the   first 

Monday  in  April   of  each  year  assess  at  its  true  cash  value  all  the   real 

and   personal   property   subject   to   taxation   by   the   laws   of   this  State   in 
each  ward  of  said  city. 

POWERS   OF. 

(Sec.  222.)  Par.  3.  Said  Board  of  Assessors  shall  hare  power  to 
demand  of  every  person  owning  or  having  in  charge  as  agent  or  other- 
wise, any  taxable  property  in  any  ward  of  said  city,  a  list  of  all  such 
property,  with  such  description  as  will  enable  it  to  assess  the  same;  and 
every  cashier  or  other  officer  of  any  bank,  trust  company  or  corporation, 
shall  furnish  on  demand  of  said  board  a  complete  list  of  all  the  stock- 
holders owning  shares  of  stock  in  such  corporation  or  company  and  the 
amount  of  stock  owned  by  each,  and  the  residence  of  each  stockholder, 
when  known.  If  such  list  is  not  furnished  by  such  person,  cashier  or  other 
officer,  or  if  any  property  in  such  ward  is  omitted  from  such  list,  then 
said  Board  of  Assessors  shall  have  the  power,  and  it  shall  be  its  duty  to 
place  upon  the  assessment  roll  such  property  to  be  assessed  as  said 
Board  of  Assessors,  using  its  best  knowledge  and  information,  shall  deem 
the  same  liable  to  assessment. 

NOTICE     TO     TAXPAYERS     OF    TIME     APPOINTED     FOR     APPEALS     FROM 

ASSESSMENTS— MANNER  OF  MAKING  APPEAL — WHEN  ROLLS  ARE 

TO  BE  RETURNED   TO  COUNCIL— EMPLOYMENT  OF 

HELP   BY   BOARD. 

(Sec.  223.)  Par.  4.  It  shall  be  the  duty  of  said  board  to  cause  notice 
to  the  taxpayers  to  be  published  in  two  newspapers  in  said  city  for  ten. 
days  prior  to  the  first  Monday  in  April  in  each  year,  thdt  the  assessment 

68 


rolls  will  be  completed  and  open  for  inspection  on  said  first  Monday  of 
April  and  that  said  board  will  sit,  at  its  office  in  the  city  hall  to  hear  ap- 
peals from  the  assessments  in  said  rolls  for  ten  days,  beginning  the  first 
Monday  of  April ;  that  any  person  considering  himself  aggriev^ed  by 
reason  of  any  assessment,  may 'complain  thereof  by  an  appeal  in  writing 
which  shall  be  filed  with  said  board  during  said  ten  days  and  not  there- 
after. Every  such  appeal  shall  be  in  writing  and  state  specifically  the 
grounds  of  appeal  and  matters  complained  of,  and  no  other  matters  shall 
be  considered  by  said  board.  The  date  of  the  receipt  and  filing  of  such 
appeal  shall  be  endorsed  thereon  and  signed  by  one  of  said  board  in  his 
official  capacity,  and  it  shall  thereupon  become  a  part  of  the  official  records 
of  said  board.  The  said  board  shall  review  the  assessments  complained  of 
and  alter  or  correct  the  same  as  to  the  persons  charged  thereby,  the 
property  described  therein  and  the  estimated  value  thereof.  No  appeal 
shall  be  allowed  in  whole  or  in  part  without  the  concurrence  of  a  majority 
of  said  board.  After'having  completed  the  review  and  correction  of  said 
assessment  rolls,  the  said  board  shall  sign  the  same  and  add  thereto  its 
certificate  that  the  same  has  been  duly  completed.  On  or  before  the  fourth 
Monday  in  April  in  each  year,  said  board  shall  return  said  assessment 
rolls  to  the  Common  Council  of  said  city.  Said  Board  of  Assessors  in 
performing  the  duties  required  in  this  act  shall  have  power  to  employ 
such  clerks  as  may  be  necessary,  the  salaries  of  whom  shall  be  fixed  by  the 
Common  Council,  to  be  paid  from  the  contingent  or  general  fund. 


COaiMON   COUNCIL,  AS  BOARO   OF  BE\^EW— APPEALS   TO  COUNCIL  FR03I 
ACTION    OF   BOARD. 

(Sec.  224.)  Par.  5.  After  receiving  said  assessment  rolls  from  the 
Board  of  Assessors,  said  Common  Council  acting  as  a  Board  of  Review, 
shall  at  its  next  regular  session,  and  at  such  other  sessions  as  may  be 
necessary,  proceed  to  consider  the  same,  and  any  person  considering  him- 
self aggrieved  by  the  assessment  of  his  property  ,and  the  decision  of  said 
Board  of  Assessors  thereon,  may  appeal  to  said  Common  Council  acting  as 
such  Board  of  Review.  Every  such  appeal  shall  be  identical  in  matter 
with  that  filed  in  the  Board  of  Assessors  office,  and  shall  be  in  writing, 
and  state  specifically  the  grounds  of  appeal  and  the  matters  complained  of. 
and  no  other  matters  shall  be  considered  by  the  Common  Council  acting  as 
such  board  of  review.  Such  appeals  shall  be  filed  in  the  office  of  the  city 
clerk  within  five  days  after  the  return  of  said  assessment  rolls  to  the  Com- 
mon Council,  and  the  city  clerk  shall  endorse  thereon  the  date  of  the 
receipt  and  the  filing  of  the  same,  and  thereupon  such  appeals  shall  become 
a  part  of  the  official  records  of  his  office.  The  Common  Council  acting  as 
a  board  of  review  shall  have  power  to  administer  oaths  and  examine  wit- 
nesses in  the  same  manner  as  is  now,  or  hereafter  may  be,  conferred  upon 
Township  Boards  of  Review  by  the  general  tax  laws  of  this  State :  Pro- 
vided, That  no  appeal  shall  be  entertained  by  said  Common  Council  act- 
ing as  such  board  of  review,  unless  the  same  shall  have  first  been  brought 
to  the  attention  and  consideration  of  said  Board  of  Assessors  as  aforesaid. 
Whenever  said  Common  Council  shall  sit  as  such  board  of  review,  said 
Board  of  Assessors  shall  be  notified,  and  it  shall  be  the  duty  of  each 
assessor  to  attend  such  session  or  sessions,  and  each  assessor  may  make 
such  suggestions  as  he  may  desire,  and  shall  answer  such  questions  as 
may  be  put  to  him  by  the  members  of  the  Common  Council,  acting  as  such 
board  of  review,  relating  to  the  matters  under  advisement  by  said  board  of 
review. 


69 


POWERS    OF    COUNCIL    IN    ADJUSTING    APPEALS    OR    ADDING    OF    ADDI- 
TIONAL ASSESSMENT. 

(Sec.  225.)  Par.  6.  The  Common  Council,  acting  as  such  board  of 
review,  shall  hear  and  determine  all  appeals  in  a  summary  manner  and 
correct  any  clerical  error  which  it  may  discover  in  the  assessment  roll  and 
any  error  alleged  in  any  appeal  that  may  be  well  founded,  and  may  place 
thereon  the  names  of  any  person  or  persons  and  description  of  any 
property  not  already  assessed,  and  may  assess  the  same. 

NOTICE   TO   BE   SERVED  WHEN  INCREASE   OR  ADDITIONAL  ASSESSMENT 
IS  MADE. 

(Sec.  226.)  Par  7.  No  assessment  shall  be  increased  or  property 
added  to  said  assessment  roll  except  on  written  or  printed,  or  partly  written 
and  partly  printed,  notice  to  the  person  to  be  affected  thereby.  Such  notice 
shall,  in  case  of  a  resident  of  said  city,  either  be  served  personally  upon  him, 
or  by  leaving  the  same  at  his  place  of  abode  with  some  suitable  person  of 
proper  age  and  discretion  at  least  three  days  before  such  action  is  taken 
thereon  by  said  Common  Council  acting  as  a  Board  of  Review  :  Provided, 
That  in  case  of  a  non-resident  of  said  city  such  notice  shall  be  published 
in  two  newspapers  of  said  city  at  least  three  days  before  any  action  is  taken 
by  such  Common  Council  acting  as  such  board  of  review. 

LIMITING  OF  TLME  TO  COUNCIL  AS  BOARD  OF  REVIEW— MAJORITY  VOTE 
MAY  CONFIRM  ROLLS— MAYOR  TO  HAVE  DECIDING  VOTE  ONLY. 

(Sec.  227.)  Par.  8.  The  Common  Council  acting  as  such  board  of 
review,  may  continue  the  consideration  of  such  assessment  rolls  and  the 
hearing  of  such  appeals  from  session  to  session,  not  exceeding  fifteen 
days  from  the  time  when  the  same  are  first  taken  under  consideration,  as 
herein  provided,  and  a  vote  of  two-thirds  of  the  members  of  such  acting 
board  of  review  shall  be  necessary  to  change  any  assessment  made  by  said 
Board  of  Assessors  on  which  an  appeal  has  been  taken.  On  or  before  the 
expiration  of  said  fifteen  days  said  assessment  rolls,  as  changed  or  cor- 
rected, if  any  change  shall  be  made,  shall  be  finally  confirmed  by  .said 
Common  Council,  acting  as  such  board  of  review,  and  shall  be  the  basis 
of  all  taxes  to  be  levied  and  collected  in  the  City  of  Grand  Rapids  accord- 
ing to  the  property  valuations  therein  stated,  until  another  assessment  shall 
have  been  made  and  confirmed  as  herein  provided :  Provided,  That  in 
finally  passing  upon  said  assessment  rolls,  a  majority  vote  of  the  memoers 
of  said  Common  Council  acting  as  said  board  of  review,  shall  be  sufficient 
to  confirm  the  same;  and  in  case  of  a  tie  vote,  the  mayor  of  said  city, 
who  is  hereby  authorized  and  empowered  in  all  cases  to  preside  over  said 
Common  Council  while  acting  as  such  board  of  review,  shall  have  the 
deciding  vote  thereon,  but  in  no  other  case  shall  the  mayor  have  a  vote  in 
the  action  of  said  Common  Council  as  a  board  of  review. 

CITY    CLERK    TO    KEEP   RECORD    OF   SESSIONS    OF    BOARD — MANNER    OF 
FINAL  DELIVERY  OF  ROLLS  BY  HLM  TO  BOARD  OF  ASSESSORS. 

(Sec.  228.)  Par.  9.  The  city  clerk  of  said  City  of  Grand  Rapids  sh&U 
be  the  clerk  of  said  Common  Council  acting  as  such  board  of  review, 
keep  the  records  of  its  sessions  and  proceedings  and  such  other  records 
as  are  necessary  to  be  kept,  and  it  shall  be  his  duty  to  attach  his  cer- 
tificate under  the  seal  of  the  City  of  Grand  Rapids,  to  said  assessment 
rolls  after  the  same  shall  have  been  finally  confirmed  by  said  Common 
Council,  acting  as  said  board  of  review,  certifying  that  such  assessment 
rolls  have  been  acted  upon  and  confirmed  by  said  Common  Council  as  a 
board  of  review,  and  thereupon  it  shall  be  his  duty  to  redeliver  said 
assessment  rolls  to  said  Board  of  Assessors. 

70 


COMMON    COUNCIL    TO    DETERMINE    AMOUNT    OF    BUDGET — CITY    CLERK 

AND  ASSESSORS'  DITTIES. 

(Sec.  229.)  Par.  10.  It  shall  be  the  duty  of  the  Common  Council  on 
or  before  the  third  Monday  in  May  in  each  year,  to  determine  by  resolu- 
tion the  amount  necessary  to  be  raised  for  city,  highway  and  other 
municipal  purposes,  for  which  said  city  may  legally  raise  money  by  tax, 
for  the  ensuing  year  commencing  July  first  of  each  year,  and  it  shall  be 
the  duty  of  the  clerk  of  said  city  to  certify  under  his  hand  and  the  seal 
of  said  city  the  amount  to  be  raised,  to  the  Board  of  Assessors  within  five 
days  thereafter,  and  it  shall  be  the  duty  of  said  Board  of  Assessors  to 
apportion  the  amount  so  to  be  raised  among  the  several  wards  of  said  city 
according  to  the  property  valuation  appearing  upon  the  assessment  rolls 
of  the  several  wards  as  finally  confirmed  by  said  Common  Council,  and 
thereupon  the  Board  of  Assessors  shall  assess  the  amount  so  apportioned 
as  hereinafter  provided. 

MAKING   OF     THE  CITY  TAX  ROLLS— AND  DELIVERY  OF  SAME. 

(Sec.  230.)  Par.  11.  After  the  amount  of  taxes  to  be  raised  has  been 
certified  to  the  said  Board  of  Assessors,  it  shall  be  the  duty  of  said  Board 
of  Assessors  to  make  copies  of  said  rolls  and  to  cause  the  amount  of  all 
taxes  authorized  to  be  assessed  and  collected  in  each  year,  to  be  rateably 
assessed  upon  the  property  therein  described  upon  and  according  to  the 
value  thereof  as  assessed  in  said  assessment  rolls.  Said  assessment  rolls 
shall  be  known  as  "The  City  Tax  Rolls,"  and  shall  show  in  separate 
columns  the  property  assessed,  the  name  of  the  person  to  whom  assessed, 
the  assessed  value  and  the  amount  of  the  city,  highway  and  other  municipal 
taxes.  Said  rolls  shall  be  completed,  footed,  balanced,  signed,  certified  by 
the  Board  of  Assessors  and  delivered  to  the  treasurer  of  the  city  before 
the  first  day  of  July  thereafter,  and  the  said  Board  of  Assessors,  within 
the  time  aforesaid,  shall  annex  their  warrant  to  each  of  said  city  tax  rolls, 
signed  by  the  members  of  said  board  and  directed  to  the  city  treasurer, 
commanding  him  to  collect  from  the  persons  named  in  said  city  tax  rolls 
the  taxes  therein  set  forth  in  accordance  with  the  mandate  of  the  law  in 
relation  thereto  and  take  the  receipt  of  the  city  treasurer  therefor.  The 
Board  of  Assessors  shall  at  the  same  time  deliver  to  the  comptroller  a 
statement  showing  the  amount  of  taxes  assessed  upon  each  of  said  rolls, 
and  the  comptroller  shall  make  an  entry  thereof  in  the  books  of  his  office, 
and  charge  the  gross  amount  thereof  to  the  treasurer. 

ADVERTISING    OF    ROLLS    AND    COLLECTIONS    BY    TREASURER— TIME 
LIJHT— PERCENTAGE. 

(Sec.  231.)  Par.  12.  Upon  receipt  of  said  city  tax  rolls  by  the  city 
treasurer  as  herein  provided,  the  taxes  therein  stated  shall  become  a  debt 
due  and  payable  to  the  City  of  Grand  Rapids,  and  the  city  treasurer  shall 
forthwith  upon  the  receipt  of  such  city  tax  rolls  give  six  days'  notice  by 
publication  in  two  newspapers  of  said  city  and  also  by  posting  the  same  in 
at  least  six  public  places  in  each  of  said  wards  of  said  city  (which  notice 
shall  be  a  sufficient  demand  for  the  payment  of  all  taxes  assessed  in  said 
city  tax  rolls),  that  the  same  have  been  deposited  with  him  and  that  pay- 
ment of  the  taxes  therein  specified  may  be  made  to  him  at  any  time  be- 
fore the  last  day  of  February  following  thereafter.  That  no  addition  will 
be  made  to  taxes  paid  before  the  first  day  of  August  thereafter,  but  that 
an  addition  of  one  per  cent,  on  every  unpaid  tax  will  be  made  thereto  on 
that  day,  and  a  like  addition  of  one  per  cent,  on  the  first  day  of  each  month 
thereafter  until  such  addition  shall  amount  to  six  per  cent,  of  such  tax: 
Provided,  That  when  a  person  shall,  on  or  before  the  25th  day  of  July, 
hand  to  the  city  treasurer  a  list  of  the  property  on  which  he  wishes  to  pay 

71 


the  taxes  and  shall  not  be  able  to  pay  said  taxes  before  the  first  day  of 
August,  on  account  of  a  pressure  of  business  in  the  city  treasurer's  office, 
then  he  shall  not  be  charged  any  percentage  if  he  pays  said  taxes  by  the 
loth  day  of  August  of  said  year. 

DUTIES  OF  TREASITRER— BOXDS,  ETC. 

(Sec.  2:^2.)  Par.  13.  The  treasurer  of  said  city  shall  collect  all  taxes 
including  taxes  for  local  improvements  assessed  upon  the  whole  city  or 
parts  or  portions  thereof,  and  for  that  purpose  shall  give  a  bond  or  bonds 
to  said  city  in  such  sum  and  with  such  sureties  as  the  Common  Council 
shall  require  and  approve ;  and  such  treasurer  of  said  city  shall  give  to  the 
treasurer  of  the  County  of  Kent,  such  further  security  as  is  or  may  here- 
after be  required  by  law  of  the  several  township  treasurers  of  the  several 
townships  of  this  State ;  and  for  the  purpose  of  the  collection  and  return 
of  all  such  taxes  including  taxes  for  State  and  County  purposes  and  the 
return  of  property  delinquent  for  the  non-payment  of  taxes,  the  said  city 
treasurer  on  giving  bonds  or  security  so  required,  shall  possess  all  of  the 
powers  and  exercise  and  perform  all  of  the  functions  and  duties  of  the 
several  township  treasurers  of  this  State,  as  now  exist  or  may  hereafter 
be  prescribed  by  law,  and  shall  also  perform  such  other  duties  respecting 
the  collection  and  return  of  taxes  and  special  assessments,  as  this  act  im- 
poses. 

POWER  TO  liEVY  FOR  UNPAID  TAX,  ETC. 

(Sec.  23^.)  Par.  14.  On  or  before  the  first  day  of  August  in  each 
year,  and  at  any  time  until  the  taxes  hereinbefore  mentioned  are  paid, 
it  shall  be  the  duty  of  the  city  treasurer  and  the  clerks  and  subordinates  in 
his  office,  designated  by  him  for  that  purpose,  to  collect  all  unpaid  taxes 
which  are  assessed  against  any  property  of  whatever  nature  other  than  real 
estate,  and  if  necessary,  the  said  treasurer  shall  have  power  to  levy  upon 
and  sell  at  public  sale  any  property  of  any  person  refusing  or  neglecting 
to  pay  such  tax.  Whenever  any  such  property  is  levied  upon  as  aforesaid 
three  full  days"  notice  of  any  such  sale  shall  be  given  by  the  said  treasurer, 
by  publication  in  two  newspapers  of  said  city  and  by  posting  the  same 
in  three  public  places  in  the  ward  wherein  such  person  resides,  and  any 
surplus  money  remaining  after  the  payment  of  the  tax  and  all  interest  and 
charges  thereon  and  all  costs  and  charges  of  such  sale,  shall  be  paid  over 
to  the  owner  of  such  property  or  person  entitled  to  receive  the  same.  The 
city  treasurer  shall  also  have  the  additional  power  in  the  name  of  the  City 
of  Grand  Rapids  to  commence  an  action  in  assumpsit,  or  other  proper 
action,  in  the  Superior  Court  of  said  city,  against  any  person  neglecting  or 
refusing  to  pay  such  tax  and  to  whom  the  same  is  legally  assessed,  and 
enforce  any  judgment  obtained  against  any  such  person  as  the  result  of 
such  action,  by  an  execution  issuing  out  of  the  court  in  which  such  judg- 
ment may  have  been  obtained.  Said  city  treasurer  shall  also  use  and  take 
all  lawful  ways  and  means  provided  by  law  for  the  collection  of  debts,  to 
enforce  the  collection  of  any  such  tax.  The  assessment  or  tax  rolls  in  all 
cases  and  under  all  proceedings  provided  for  in  this  section  shall  be  prima 
facie  evidence  of  the  indebtedness  of  any  such  person  and  the  regularity  of . 
the  proceedings  by  which  such  tax  was  assessed. 

AVHEN   TAXES   BEC03IE   A   L,IEX— TO   TAKE   PRECEDENCE. 

(Sec.  234.)  Par.  15.  Every  tax  levied  or  imposed  by  authority  of 
the  Common  Council,  in  accordance  with  the  provisions  of  this  act,  except 
where  otherwise  provided,  shall  constitute  a  charge  against  the  person  or 
persons  to  whom  assessed,  from  the  date  of  the  delivery  of  the  city  tax 
rolls  to  the  city  treasurer;  such  tax  shall  also,  together  with  all  interest 
and  charges,  become  and  remain  until  paid  a  lien  on  the  land  and  tene- 

72 


nients.  and  upon  the  persou'il  property  against  which  the  same  is  assessed, 
on  and  after  the  day  of  the  delivery  of  said  tax  rolls  to  the  city  treasurer. 
The  lien  against  such  personal  property  shall  take  precedence  over  any 
sale,  assignment,  chattel  mortgage,  levy  or  other  lien  upon  any  such  per- 
sonal propert}-.  except  the  sale  of  goods,  wares  and  merchandise  of  a  mer- 
chant made  in  the  due  course  of  trade  or  the  sale  of  personal  property  to 
a  bona  tide  purchaser  without  notice,  whether  such  sale,  assignment,  chattel 
mortgage,  levy  or  other  lien  upon  such  personal  property  was  made  before 
or  after  such  tax  was  assessed. 

KEMOVAI.S    FROM    WARD— TKEASUREK    TO    COLLECT    WHERE    LOCATED. 

(Sec.  235.)  Par.  16.  In  case  any  person  upon  whom  any  tax  may 
have  been  assessed  in  any  ward  of  said  city  for  personal  estate,  shall 
have  removed  out  of  such  ward  after  such  assessment,  before  such  tax 
ought  by  law  to  be  collected,  it  shall  be  lawful  for  the  treasurer  of  said 
city  to  levy  and  collect  such  tax  of  the  goods  and  chattels  of  the  person 
so  assessed  in  any  township  of  the  County  of  Kent,  or  in  any  ward  of  said 
city  to  which  such  person  shall  have  removed,  or  in  which  he  shall  reside 
or  may  have  personal  property. 

PERSONAL    TAX— TREASURER    MAY    SUE    FOR    NON-PAYMENT    OF. 

(Sec.  236.)  Par.  17.  Whenever  any  tax  shall  hereafter  be  assessed 
on  any  city  assessment  roll  or  be  placed  upon  any  tax  roll,  for  city,  high- 
way, sewer,  or  other  municipal  purposes,  on  personal  property,  in  any 
ward  of  said  citj-,  and  shall  be  returned  for  non-payment,  it  shall  be  law- 
ful for  the  treasurer  of  said  city,  in  the  name  of  the  City  of  Grand  Rapids, 
to  sue  the  person  or  persons  against  whom  such  tax  was  assessed  before 
any  court  of  competent  jurisdiction,  and  to  take  all  lawful  means  provided 
by  law  for  the  collection  of  debts,  to  enforce  the  payment  of  any  such  tax, 
or  it  shall  be  lawful  at  any  time  after  such  return  for  the  Common  Council 
of  said  city  to  direct  such  personal  tax,  so  returned,  to  be  reassessed  by  the 
Board  of  Assessors,  upon  the  personal  or  real  estate  of  such  person  or 
persons  against  whom  the  same  was  originally  assessed. 

PROPERTY    LIABLE    TO    SEIZURE    UNDER    EXECUTION    ISSUED    UPON 
JUD(iMENT  RENDERED. 

(Sec.  2;i7.)  Par.  18.  Executions  issued  upon  judgments  rendered  for 
any  such  tax  may  be  levied  upon  any  property  liable  to  be  seized  and  sold 
under  warrants  issued  for  the  collection  of  taxes  by  supervisors  under  the 
general  tax  laws  of  this  State,  as  now,  or  at  any  time  hereafter,  in  force ; 
and  the  proceedings  of  an  officer  with  any  such  execution  shall  be  the  same 
in  all  respects  as  are  now  provided  by  law. 

ASSESSMENT    OR    T.VX    ROLLS    AS    EVIDENCE    IN    CASE    OF    TRIAL. 

(Sec.  238.)  Par.  19.  The  production  of  any  assessment  roll  or  tax 
roll  on  the  trial  of  any  action  brought  for  the  recovery  of  any  State,  County 
or  school  tax,  or  for  the  recovery  of  any  city,  highway,  sewer  or  other  tax 
for  city  purposes,  either  special  or  general,  therein  assessed,  may  upon 
proof  that  it  is  the  original  assessment  roll,  or  the  assessment  or  tax  roll,, 
with  the  proper  warrant  annexed,  of  any  of  the  wards  of  said  city  of  Grand 
Rapids,  containing  any  such  tax,  be  read  and  used  in  evidence;  and  if  it 
shall  appear  from  such  roll  that  there  is  a  tax  assessed  against  the  defend- 
ant in  such  suit,  it  shall  be  prima  facie  evidence  of  the  legality  and  regu- 
larity of  the  assessment  of  the  same,  and  the  court  before  whom  the  case 
may  be  pending  shall  render  judgment  against  the  defendant  for  all  the 
taxes  appearing  upon  said  roll  to  have  been  assessed  to  said  defendant, 
unless  he  shall  make  it  appear  that  he  has  paid  such  tax,  and  no  stay  of 
e.xecution  shall  be  allowed  on  any  such  judgment. 

73 


TREASURER'S     DUTIES    OX    RECEIPT    OF    PAY3IENT    FOR    TAXES— UNDI- 
VIDED   INTERESTS    DISPOSITION     OF— RETURN    OF    UNPAID 
ASSESSMENTS— PUBEICATION    OF. 

(Sec.  239.)  Par.  20  Upon  the  receipt  of  any  tax  the  city  treasurer 
shall  mark  the  same  paid  upon  the  proper  roll  and  give  receipt  therefor. 
Any  person  owning  an  undivided  share  or  other  part  of  real  estate  assessed 
in  one  description  may  pay  on  the  part  thus  owned  an  amount  having  the 
same  relation  to  the  whole  tax  as  the  part  on  which  payment  is  made  has 
to  the  whole  parcel.  The  person  making  such  payment  shall  correctly  de- 
scrrbe  the  part  on  which  he  makes  payment,  and  the  receipt  given  and  the 
record  of  the  receiving  officer  shall  show  such  description,  and  by  whom 
paid.  Any  person  having  a  lien  upon  real  estate  may  pay  the  taxes  thereon 
and  the  same  may  be  added  to  his  lien  and  recovered  with  the  rate  of  in- 
terest borne  by  such  lien.  Upon  the  first  day  of  January  following  the  time 
when  any  tax  shall  become  due  and  payable,  the  city  treasurer  shall  add 
to  every  such  tax  six  per  cent,  of  the  amount  thereof  as  stated  in  the  rolls, 
and  the  amount  of  such  tax  and  addition  hereinbefore  specified  shall 
thenceforth  be  the  unpaid  tax  and  bear  interest  from  said  last  named  day 
at  the  rate  of  ten  per  cent,  per  annum  until  paid,  except  as  herein  other- 
wise provided.  On  or  before  the  15th  day  of  January  the  city  treasurer 
shall  add  to  the  assessment  rolls  of  the  unpaid  tax  of  each  ward  an 
additional  column,  which  shall  show  the  increased  amount  of  such  original 
tax,  and  shall  make  a  certified  copy  of  the  roll  containing  all  unpaid  taxes 
of  the  several  wards  in  a  book  furnished  for  that  purpose  and  deliver  the 
same  to  the  city  clerk.  Immediately  after  completing  such  assessment 
rolls  as  last  above  provided,  said  treasurer  shall  cause  a  notice  to  be  pub- 
lished in  five  successive  numbers  of  two  newspapers  publisjied  in  said  city, 
stating  that  said  rolls  of  unpaid  taxes  have  been  made  and  that  they  will 
remain  in  his  oftice  where  such  taxes  may  be  paid  until  the  first  day  of 
March  following,  after  which  the  property  against  which  such  taxes  are 
assessed  sliall  be  advertised  and  sold  as  hereinafter  provided. 

PUBLIC  SAUE  OF  PROPERTY  FOR  UNPAID  TAX— TIME  AND  PLACE. 

(Sec.  240.)  Par  21.  Owners  or  parties  having  legal  interest  in  any 
real  estate  assessed  under  the  provisions  of  this  title  shall  be  liable  to  pay 
every  tax  regularly  assessed  thereon,  and  if  the  same  shall  not  be  paid  by 
the  first  day  of  March  following  the  assessment  of  the  same,  it  shall  be 
the  duty  of  the  city  treasurer  to  cause  a  notice  to  be  published  in  one  of 
the  newspapers  of  said  city  at  least  once  a  week  for  four  successive  weeks 
requiring  the  owners  or  parties  having  a  legal  interest  in  such  real  estate, 
to  pay  such  tax,  together  with  all  interest  and  charges  thereon,  and  if 
default  shall  be  made  in  paying  of  the  same,  such  real  estate  shall  be  sold 
at  public  auction  on  the  second  Monday  in  April  thereafter  at  nine  o'clock 
in  the  forenoon  of  that  day  at  the  court  house  in  said  city,  or  as  soon 
thereafter  as  the  description  of  such  real  estate  shall  be  reached  in  the 
course  of  sale,  at  the  highest  price  that  shall  be  bid  for  the  same  for  the  pay- 
ment of  such  tax  together  with  all  interest,  costs  and  charges  thereon. 
Such  sale  shall  be  continued  from  day  to  day,  Sunday  and  legal  holidays 
excepted,  from  the  hour  of  nine  o'clock  in  the  forenoon  until  the  hour  of 
twelve  o'clock  noon,  and  from  the  hour  of  one  o'clock  in  the  afternoon 
until  five  o'clock  thereafter  of  each  day  until  all  lands  covered  bv  such 
delinquent  taxes  are  sold. 

COST   OF   ADVEKTIS1N<;    LIMITED,   PER   DESCRIPTION,   ETC. 

(Sec.  241.)  Par.  22.  The  costs  of  the  advertising  provided  for  in 
the  preceding  section  shall  in  no  case  exceed  the  sum  of  eighty  cents  for 
each  description  of  real  estate  advertised,  and  shall  be  paid  out  of  the  gen- 

74 


eral  fund,  not  otherwise  appropriated.  Each  description  of  real  estate  shall 
be  separately  exposed  for  sale  for  the  total  amount  of  the  tax,  interest, 
costs  and  charges  thereon,  and  shall  be  sold  to  the  person  who  I)ids  the 
highest  price  for  such  real  estate  :  Provided,  That  no  bid  shall  be  accepted 
for  less  than  the  amount  of  such  tax,  interest,  costs  and  charges  thereon 
including  the  costs  of  sale. 

REDEMPTION    OF   PROPERTY    SOLD   AT    PUBLIC    SALE— WHEN    TI.ME    TOR 

EXPIRES— FORM    OF    DEED    TO    BE    ISSUED    BY    CITY    TO 

PURCHASER. 

(Sec.  242.)  Par.  2^.  If  the  owner  or  persons  having  a  legal  interest 
in  any  such  real  estate  does  not  pay  such  assessment  or  tax  with  all  interest 
and  charges  thereon  within  the  period  above  prescribed  for  the  publication 
of  such  notice,  then  it  shall  be  the  duty  of  the  said  city  treasurer  to  cause 
such  real  estate  to  be  sold  at  public  auction  to  any  bidder  to  pay  said  tax, 
together  with  all  interest  and  charges  thereon  and  the  costs  and  charges 
of  said  sale,  and  to  execute  the  proper  certificate  to  the  purchaser  thereof. 
If  there  shall  be  a  sum  bid  for  any  such  real  estate  in  excess  of  said  tax, 
and  of  the  interest  and  charges  thereof  and  all  costs  and  charges  of  sale, 
the  excess  thereof  shall  be  deposited  with  the  city  treasurer  to  be  disposed 
of  as  hereinafter  provided.  If  such  real  estate  shall  not  be  redeemed  with- 
in one  year  after  such  sale  thereof  as  hereinafter  provided,  the  mayor  of  said 
city  shall  in  the  name  of  the  city,  execute  and  deliver  to  such  purchaser 
or  his  assignee  the  proper  deed  of  conveyance  of  such  real  estate,  which 
deed  shall  be  prima  facie  evidence  of  the  regularity  of  all  proceedings 
under  which  said  sale  is  made  and  deed  executed.     The  said  deed  shall  be 

substantially  as  follows  :     "Whereas,  on  the  day  of 

A.   D at  a  public   sale,   made  by  the  treasurer  of  the  City  of  Grand 

Rapids,  for  taxes  duly  assessed  by  the  said  City  of  Grand  Rapids,  for  the 
following  purposes  (stating  purposes  for  which  the  assessment  was  made), 

A B became  the  purchaser  of  the 

following  described  real  estate,  namely  (describe  real  estate),  for  the  sum 

of dollars,  that  being  the  amount  of  the  tax,  interest,  costs 

and  charges  thereon.     Now,  therefore,  know  all  men  by  these  presents,  that 

I,  C D mayor  of  said  city,  in  consideration 

of  the  premises,  do  hereby  grant,  bargain,   sell   and  convey  unto  the  said 

A B his    heirs   and   assigns, 

the  real  estate  above  described,  as  so  purchased  by  him,  to  have  and  to 

hold  the  same  to  the  said  A B his  heirs  and  assigns 

forever. 

Witness  my  hand  and  the  seal  of  the  citv  this day  of 

A.  D.  19.... 

Signed,  sealed  and  delivered  in  the  presence  of 

C D.... 

Mayor  of  the  City  of  Grand  Rapids. 

DEEDS  TO  HEIRS  OR  ASSIGNS. 

(Sec.  243.)  Par.  24.  In  all  sales  of  real  estate  for  taxes  as  aforesaid, 
ifthe  purchaser  or  his  assigns  shall  have  died  before  a  deed  of  conveyance 
of  the  same  shall  have  been  issued  and  delivered  to  said  deceased  pur- 
chaser or  his  assigns,  such  deed  of  conveyance  shall  be  issued  in  the  name 
of  the  deceased  purchaser  or  his  assigns,  as  the  case  may  be,  and  the  same 
shall  be  delivered  to  his  or  their  heirs  or  devisees,  but  if  delivered  to  the 
heirs  or. devisees  of  such  deceased  purchaser,  it  shall  be  subject  to  the  legal 
claims  of  all  his  creditors.  In  case  the  executor  or  administrator  shall 
have  assigned  such  certificate  of  purchase,  then  such  deeds  of  conveyance 
shall  be  issued  and  delivered  to  the  person  to  whom  such  assignment  shall 

75 


have   been    nuule,    luit    suhject    to   the    legal    claims   of   all    the    deceased's 
creditors. 

WHEN    CITY    TO    BKCO.^IE    I'lKC'HASEK    AT    SALE— CONDITIONS    WHEN 
CITY    MAY    ASSIGN    TO    OTHERS. 

(  Sec.  244. )  Par.  25.  Such  public  sale  shall  be  conducted  by  the  city 
treasurer,  but  no  sale  shall  be  made  to  any  person  of  real  estate,  unless  such 
person  shall  bid  the  amount  of  the  tax  and  all  interest  and  charges  thereon 
including  the  costs  and  charges  of  sale.  In  case  no  person  shall  bid  the 
amount  of  such  tax  and  all  interest  and  charges  thereon,  together  with  all 
costs  and  charges  of  sale  the  said  real  estate  shall  be  struck  off  to  the  City 
of  Grand  Rapids,  and-  the  city  shall  thereby  become  the  purchaser  of  such 
real  estate.  In  case  any  purchaser  of  such  real  estate,  or  any  part  thereof, 
upon  any  such  sale  shall  refuse  or  neglect  to  pay  the  amount  bid  by  him 
within  twenty-four  hours  after  thetime  at  which  such  sale  was  made,  any 
other  person  who  is  willing  to  immediately  pay  the  amount  of  such  bid 
and  take  the  interest  in  such  real  estate  which  such  purchaser  was  to  have 
for  such  bid.  shall  be  entitled  to  have  a  certificate  of  sale  made  out. 
executed  and  delivered  to  him  of  such  interest  in  such  real  estate  by  the 
city  treasurer;  otherwise  such  bid  shall  enure  to  the  use  and  benefit  of  the 
City  of  Grand  Rapids,  and  the  city  shall  be  the  purchaser  thereof  for  the 
amount  of  the  tax,  interest  and  charges  with  the  costs  and  charges  of  sale. 

TAX   SALE   CERTIFICATE   ISSl  El)   BY   TREASURER. 

(Sec.  245.)  Par.  26.  A  certificate  shall  be  given  by  the  city  treas- 
urer to  each  purchaser  of  any  interest  in  real  estate  on  such  sale,  contain- 
ing an  accurate  description  of  the  interest  so  purchased,  the  year  and  the 
tax  for  which  such  purchase  was  made,  the  amount  of  such  tax,  interest 
and  charges  thereon,  with  the  costs  and  charges  of  sale ;  the  date  of  sale, 
and  also  stating  that  sudi  purchaser  will  be  entitled  to  a  deed  thereof 
within  one  year  from  the  date  of  such  sale.  The  city  treasurer  shall  date 
and  sign  said  certificate. 

DEEDS    AS    PRIMA    FACIE    EYIDENCE. 

(Sec.  246.)  Par.  2J.  Deeds  for  all  sales  for  taxes  assessed  on  real 
estate  under  this  act  shall  be  witnessed  and  acknowledged  and  when  so 
witnessed  and  acknowledged  and  delivered  shall  vest  the  title  in  fee  to 
such  real  estate  in  the  purchaser  thereof  or  his  heirs  or  assigns,  and  such 
deed  -of  conveyance  shall  be  prima  facie  evidence  of  the  existence  and 
regularity  of  all  prior  proceedings  that  might  be  otherwise  required  to  be 
proven  in  order  to  establish  the  title  in  the  purchaser  thereof. 

BIDS  IN  EXCESS  OF  CLAIM— BALANCE  TO  REYERT  TO  PROPERTY  OWNER 
UPON  PROOF— BOND  OF  INDEMNITY. 

(Sec.  247.)  Par  28.  In  case  a  greater  amount  is  bid  for  any  real 
estate  and  the  same  is  sold,  then  the  amount  of  such  tax  or  assessment, 
interest  and  charges  thereon,  and  costs  and  charges  of  sale,  shall  be  de- 
posited with  the  city  treasurer,  whose  duty  it  shall  be  to  keep  the  same  for 
the  benefit  of  the  persons  entitled  thereto.  Any  person  entitled  to  such 
excess  shall  present  to  the  Common  Council  of  said  city,  proof  by  affidavit, 
and  such  other  evidence  as  the  Common  Council  may  require,  of  his  claim 
thereto,  and  the  said  Common  Council,  if  satisfied  that  the  person  claim- 
ing the  same  is  lawfullv  entitled  thereto,  shall  order  a  warrant  to  be  drawn 
upon  the  treasurer  in  favor  of  such  person  for  the  amount  thereof,  which 
warrant  shall  be  signed  by  the  clerk  of  said  city  and  countersigned  by  the 

76 


city  comptroller,  and  shall  be  paid  l)y  the  treasurer  upon  presentation  of  the 
same :  Provided,  That  the  said  Common  Council  may,  before  it  shall  allow 
such  claims  or  order  it  to  he  paid,  require  of  such  persons  a  bond  of 
indemnity  to  the  City  of  Grand  Rapids  in  a  penal  sum  of  at  least  twice 
the  amount  of  the  excess  claimed,  with  good  and  sufficient  sureties,  to  be 
;ipproved  by  said  Common  Council,  conditioned  to  save  the  city  harmless 
and  indemnify  it  against  all  suits  and  proceedings,  damages,  costs  and 
charges  which  may  be  brought,  recovered,  sustained  or  in  any  wise  in- 
curred by  reason  of  the  allowing  or  paying  over  such  excess  to  such  per- 
son. And.  provided  further,  that  the  City  of  Grand  Rapids  in  any  case 
shall  not  be  liable  to  pay  any  person  claiming  such  excess  any  interest 
thereon. 

KEDEMPTIOX    AFTER    SAIvE— RATE    OF    INTEREST. 

(Sec.  24S. )  Par.  29.  Any  real  estate  sold  under  the  provisions  of 
this  act,  or  any  distinct  parcel  thereof  which  is  separately  assessed,  may  be 
redeemed  at  any  time  within  one  year  after  the  date  of  sale  of  the  same 
by  paying  to  the  city  treasurer  the  amount  for  which  it  was  sold  with  in- 
terest at  the  rate  of  eight  per  cent,  per  annum  ;  and  .said  treasurer  shall 
keep  account  of  such  payments  in  books  to  be  furnished  and  kept  in  his 
office  as  official  records  thereof,  which  books  shall  be  prima  facie  evidence 
of  the  matters  hereby  required  to  be  entered  therein. 


CITY  TREASURER  TO  CERTIFY  TO  CITY  CLERK— PAYMENTS  OF  TAX,  ETC. 

(Sec.  249.)  Par.  30.  Whenever  any  payment  is  made  to  the  city  treas- 
urer for  taxes  or  for  the  redemption  of  any  real  estate  sold  for  taxes,  after 
the  certified  copy  of  the  roll  containing  all  unpaid  taxes  of  the  several 
wards  shall  be  certified  to,  the  city  clerk,  as  provided  in  paragraph  20  of 
this  title,  he  shall  give  a  receipt  therefor  to  the  person  making  such  pay- 
ment and  immediately  make  a  duplicate  thereof,  duly  certified  by  him  to 
be  a  true  and  compared  copy  of  such  receipt,  and  deliver  the  said  duplicate 
to  the  city  clerk  who  shall  keep  the  same  as  a  part  of  the  official  records  of 
his  office :  and  said  city  clerk  shall  enter  the  substance  of  the  same  in  a 
book  to  be  kept  by  him  for  such  purpose  and  such  book  shall  be  a  part  of 
the  official  records  of  his  office. 


MONEY    ACQUIRED    FROM    SALE    OR    REDEMPTIONS— TO    BE    PLACED    IN 
GENERAL  FUND. 

(Sec.  250.)  Par.  31.  All  moneys  realized  from  the  sales  of  any  prop- 
erty together  with  that  received  from  the  redemption  of  real  estate,  both 
as  hereinbefore  provided  in  this  title,  shall  be  received  by  the  treasurer 
of  said  city  and  placed  to  the  credit  of  the  general  fund. 


TREASURER  TO  CERTIFY  TO  COMMON  COUNCIL  PARCELS  OF  LAND 
STRUCK  OFF  TO  CITY. 

(Sec.  251.)  Par.  ,^2.  In  case  the  City  of  Grand  Rapids  shall  become 
the  purchaser  of  any  real  estate,  on  the  .sale  thereof  for  an  unpaid  tax,  as 
hereinbefore  provided,  the  city  treasurer  shall  certify  to  the  Common 
Council  of  .said  city  at  its  next  regular  meeting,  a  statement  of  the  parcels 
so  struck  off  to  the  city,  and  the  amount  of  the  tax  for  which  such  parcels 
so  struck  off  were  assessed,  together  with  all  interest  and  charges  thereon, 
and  the  costs  and  charges  incurred  on  account  of  the  .sale  thereof. 


77 


BOOK  OF  redb:>iptions. 

(Sec.  252.)  Par.  33.  After  the  sale  of  said  real  estate  by  the  city  treas- 
urer, for  an  unpaid  tax  as  aforesaid,  he  shall  enter  the  same  by  identical 
description  as  sold  in  the  books,  kept  by  him  for  redemption  purposes,  as 
hereinbefore  provided,  and  the  same  shall  become  a  part  of  the  records  in 
his  office. 

KE.4L    ESTATE    ASSESSMENTS— EXEMPTIONS— PARK    AND    PUBLIC    PROP- 
ERTY NOT  EXEMPT  ITtOM  STREET  IMPROVEMENT.    - 

(Sec.  253.)  Par.  34.  All  sums  of  money  directed  to  be  raised  by  the 
Common  Council,  except  as  in  this  act  otherwise  provided,  shall  be  as- 
sessed upon  all  the  real  estate  and  personal  property  in  the  city  not  exempt 
from  taxation  by  the  general  statutes  of  the  State,  and  upon  all  the  personal 
property  of  residents  of  the  city  not  so  exempt,  according  to  the  valuation 
thereof  by  the  last  preceding  assessment  rolls  filed  in  the  office  of  the 
Board  of  Assessors,  but  no  real  estate  or  personal  property  which  shall  be 
exempt  from  taxation  by  the  general  statutes  of  this  State,  nor  any  public 
square,  park  or  other  public  ground  shall  be  assessed  for  the  ordinary 
State,  County,  city,  highway,  sewer  or  school  taxes  :  Provided,  however. 
That  the  provisions  of  this  section  shall  not  prevent  the  assessments  and 
the  collection  thereof  to  defray  the  expense  of  street  and  other  improve- 
ments upon  real  estate  deemed  to  be  benefited  according  to  the  provisions 
of  title  six  of  this  act. 

BOARD  OF  ASSESSORS  TO  MAKE  COPIES  OF  ROLLS— ATTACHING  OF  WAR- 
RANT—TREASURER TO  COLLECT. 

(Sec.  254.)  Par.  35.  It  shall  be  the  duty  of  said  Board  of  Assessors 
to  make  copies  of  all  assessment  rolls  as  finally  confirmed  by  the  said 
Common  Council  of  the  City  of  Grand  Rapids,  while  so  acting  as  a  board 
of  review,  as  herein  provided,  upon  which  assessment  rolls  said  board  shall 
ratably  assess  the  State,  County  and  school  taxes  as  provided  by  the  gen- 
eral laws  of  the  State.  When  said  assessment  rolls  shall  have  been  finally 
completed,  footed  and  balanced  by  said  Board  of  Assessors,  it  shall  attach 
to  each  of  said  rolls  its  warrant,  signed  by  the  members  of  said  board,  and 
deliver  the  same  with  such  warrants  so  attached  to  the  treasurer  of  said 
city  within  the  time  prescribed  by  law  for  the  completion  and  delivery  of 
the  township  rolls  to  the  respective  township  treasurers  of  the  State. 
Upon  the  receipt  of  such  assessment  or  tax  rolls  with  the  warrant  so  at- 
tached it  shall  be  the  duty  of  the  treasurer  of  said  city  to  collect  the  taxes 
on  said  rolls  assessed  as  aforesaid,  and  to  return  the  same  to  the  treasurer 
of  Kent  County  within  the  time  prescribed  by  law,  in  like  manner  as  the 
same  is  now  or  may  hereafter  by  law  be  required  in  warrants  of.  township 
treasurers  for  the  collection  of  taxes  in  townships  of  this  State. 

OFFICE  AND  HOURS  FOR  RECEIVING  OF  TAX  MONIES. 

(Sec.  255.)  Par.  36.  The  treasurer  of  said  city  shall  have  an  office 
for  the  receipt  of  all  taxes  and  assessments  payable  to  him,  which  office 
shall  be  open  from  eight  o'clock  in  the  forenoon  until  noon,  and  from 
one  o'clock  in  the  afternoon  until  five  o'clock  thereafter  of  each  secular 
day  not  a  legal  holiday,  of  the  time  during  which  any  tax  roll  shall  be  in 
his  hands  for  collection.  Upon  the  receipt  of  any  tax  roll  for  State, 
County  or  school  taxes  he  shall  give  notice  thereof  in  two  newspapers,  pub- 
lished and  circulated  in  said  city,  for  at  least  ten  days  next  after  the  first 
publication  of  said  notice,  and  by  printed  notices  posted  in  at  least  five 
public  places  in  each  ward  of  the  city;  which  notices  shall  describe  such 

78 


tax  roll,  the  general  nature  of  the  taxes  therein  contained  and  name  the 
location  of  his  office :  Provided,  That  the  Common  Council,  can,  by  reso- 
lution duly  entered  in  its  minutes,  order  the  said  office  to  be  kept  open  at 
such  other  hours  as  it  may  deem  best. 

STATE,  COUNTY  AND  SCHOOL  TAX— INTEREST  ADDED  TO,  ETC. 

(Sec.  256.)  Par.  Zl-  For  the  collection  of  all  State,  County  and 
school  taxes  the  city  treasurer  shall  be  entitled  to  add  to  all  such 
taxes  collected  by  him  the  same  interest,  collection  fees  and  charges  as 
are  now,  or  hereafter  may  be  provided  by  the  general  tax  laws  of  the 
State,  for  interest,  collection  fees  and  charges  on  township  tax  rolls  when 
collected  by  the  township  treasurers  of  this  State :  Provided,  however, 
that  all  collection  fees  and  charges  which  are  now  or  may  hereafter  be  by 
the  general  tax  laws  of  the  State,  payable  to  the  Township  treasurer  to 
his  own  use,  shall,  when  collected  by  the  said  city  treasurer,  be  by  him 
paid  into  the  general  fund  of  said  city  for  the  use  of  said  city. 

MANNER  OF  COLLECTION  OF  TAXES. 

(Sec.  257.)  Par.  38.  The  city  treasurer  of  said  City  of  Grand  Rap- 
ids, and  all  his  clerks  and  subordinates  whose  duty  it  shall  be  to  collect 
such  State,  County  and  school  taxes,  shall  use  all  legal  means  to  collect 
the  same  within  the  time  fixed  by  law.  The  city  treasurer  shall  credit  all 
school  moneys  in  any  manner  received  by  him  to  the  school  fund  of  the 
city. 

CITY  TREASURER  TO  REPORT  TO  COUNCIL  SALE  OF  LAND— COLLECTION 
OF  REDEMPTIONS  BY  COUNTY  TREASURER. 

(Sec.  258.)  Par.  39.  Two  weeks  before  the  date  of  sale  of  any  real 
estate  upon  which  the  city  has  any  prior  claim  or  claims,  the  treasurer 
shall  report  to  the  Common  Council  a  list  of  the  parcels  of  such  real  estate 
and  the  amount  for  which  said  property  is  to  be  sold  and  also  the  amount 
of  such  prior  claim.  The  city  treasurer  shall  also  attend  to  the  collection 
and  payment  into  the  proper  fund  of  the  city  treasury  of  all  moneys 
received  by  the  County  treasurer  on  account  of  the  redemption  of  real 
estate  sold  for  all  previous  delinquent  taxes. 

BOARD  OF  ASSESSORS— TERM   OF  OFFICE— MAYOR  TO   APPOINT 
SUCCESSOR. 

( Sec.  259. )  Par.  40.  The  present  Board  of  Assessors  of  the  city,  as 
constituted  at  the  passage  of  this  act  shall  be  and  remain  the  acting 
Board  of  Assessors  of  the  city  and  continue  to  discharge  all  the  duties  and 
functions  thereof,  subject  to  the  provisions  of  this  act:  Provided,  That 
whenever  the  term  of  office  of  any  member  thereof  shall  expire,  his  suc- 
cessor shall  be  appointed  by  the  mayor,  and  those  who  are  so  appointed 
shall  serve  with  the  present  members  of  the  board  whose  terms  of  office 
shall  not  have  expired,  until  the  same  shall  expire. 

BOOKS  OF  RECORD  TO  BE  RETAINED  IN  OFFICE. 

(Sec.  260.)  Par.  41.  All  books,  papers,  assessment  rolls  and  records 
formerly  belonging  to  the  offices  of  the  respective  supervisors  of  the  several 
wards  of  the  city,  or  of  the  present  Board  of  Assessors  of  ,said  city,  shall 
be  kept  in  the  office  of  the  Board  of  Assessors,  and  all  future  original 
assessment  rolls  shall  be  placed  therein  and  remain  and  be  a  part  of  the 
official  records  thereof. 

79 


TAX   HIsrOKV— MAKIN(i  OF  BT  CITY  TKEASUKEK,  DIsrOSITION  OF  FEES. 

(Sec.  261.)  Par.  42.  It  shall  be  the  duty  of  the  city  trea.surer  of  said 
city  upon  request  made  by  any  party  for  a  certified  tax  history  of  any 
parcel  of  land  within  the  city  covering  all  general  or  special  city  tax  sales, 
or  claims  for  city,  general  or  special  taxes,  to  prepare  and  certify  such  a 
tax  history,  and  charge  the  party  requesting  the  same  the  sum  of  twenty- 
five  cents  therefor,  which  fee  shall  be  paid  into  the  city  treasury  for  the 
benefit  of  the  general  fund. 


80 


TITLE  VIII. 
BOARD  OF  PUBLIC  WORKS. 


PERSONNEL— APPOINTMENT  OF— TERM  OF  OFFICE. 

(Sec.  266.)  Par.  i.  There  shall  be  a  Board  of  Public  Works  in 
said  city  composed  of  five  members,  all  of  whom  shall  be  qualified 
electors  of  the  city,  to  be  appointed  by  the  mayor.  No  more  than 
three  members  thereof  shall  be  appointed  from  any  one  political 
party.  The  members  of  said  board  as  now  constituted  shall  con- 
tinue to  hold  their  respective  offices  for  their  full  terms  and  until  their 
successors  are  appointed  and  qualified  in  the  manner  provided  for  in 
this  title,  In  the  making  of  the  first  appointments  hereunder  the 
respective  appointees  shall  be  selected  for  such  terms  as  maj'  be  neces- 
sary to  constitute  a  board  wherein  one  member's  term  shall  cease 
at  the  end  of  one  year,  one  at  the  end  of  two  years,  one  at  the  end 
of  three  years,  one  at  the  end  of  four  years  and  one  at  the  end  of 
five  years,  and  such  appointments  shall  be  made  with  reference  to 
the  terms  of  the  present  members  of  the  board  at  the  time  this  act 
goes  into  effect.  The  full  term  of  each  member  of  the  Board  of 
Public   Works   hereafter   appointed   shall   be   five   years. 

.ACCEPTANCE  AND  OATH  OF  OFFICE— FILING  OF— CITY  CLERK  TO 
REPORT. 

(Sec.  267.)  Par.  2.  Any  person  appointed  to  and  accepting  mem- 
bership on  said  board  shall  take  the  constitutional  oath  of  office  and 
file  the  same  with  the  city  clerk  within  the  time  provided  in  this  act, 
which  filing  shall  constitute  an  acceptance  of  the  office;  and  said 
clerk  shall  thereupon  report  such  acceptance  of  office  to  the  Common 
Council  at  its  next  regular  meeting. 

SALARY  OF  ME3IBERS  DEFINED. 

(Sec.  268.)  Par.  3.  The  members  of  said  board  shall  each  re- 
ceive pay  for  actual  time  necessarily  spent  in  the  discharge  of  the 
duties  of  their  office,  whether  attending  as  members  upon  the  sessions 
of  said  board  or  otherwise,  at  the  rate  of  three  dollars  per  day;  but 
accounts  for  services  by  members,  other  than  for  attendance  on  ses- 
sions of  the  board,  shall  be  approved  by  it  and  allowed  in  the  usual 
manner  of  claims  against  the  city. 

ELECTION    OF    ITS    PRESIDENT— MAKING    OF    ITS     OWN    RULES,     ETC.— 

COUNCIL    TO    PROVIDE    FOR    EXPENSES— DISQUALIFICATION 

BY   ELECTION   TO    OTHER   OFFICE. 

(Sec.  269.)  Par.  4.  Said  board  shall  annually  elect  one  of  its 
members  president  thereof.  It  shall  have  power  to  make  such  by- 
laws, rules  and  regulations  as  may  be  necessary  for  the  conducting 
of  the  business  of  the  board  and  which  shall  not  be  inconsistent  with 
the  provisions  of  this  title.  The  Common  Council  shall  provide  said 
board  with  suitable  offices  and  supplies  for  its  work.  All  necessary- 
Si 


expenses  incurred  by  said  board  shall  be  presented  to  the  Common 
Council  and  allowed  and  paid  in  like  manner  as  other  similar  accounts 
against  the  city.  The  election  of  any  member  of  said  board  to  any 
office  under  the  charter  of  said  city  shall  vacate  his  position  upon 
said  board. 

RECORDS    AND    QUORUM. 

(Sec.  270.)  Par.  5.  The  Board  of  Public  Works  shall  keep  a 
record  of  its  proceedings  and  determination  and  therein  shall  be 
shown  the  vote  of  each  member  voting  upon  every  question  brought 
before  and  decided  by  said  board,  which  record  shall  at  all  times  be 
open  to  public  inspection.  Three  of  the  members  of  said  board  shall 
form  a  quorum  for  the  transaction  of  business,  but  it  shall  require 
the  concurrent  votes  of  at  least  three  of  the  members  of  the  board  to 
decide  questions  before  the  board. 

SECRETARY   AND   GENERAL,   MANAGER   AND   COMPENSATION. 
BONDS  MAY  BE  REQUIRED  OF  ANY  EMPLOYEES. 

(Sec.  271.)  Par.  6.  The  Board  of  Public  Works  shall  appoint 
some  suitable  person  as  secretary  thereof  and  shall  fix  his  compen- 
sation at  a  sum  not  exceeding  one  thousand  five  hundred  dollars  per 
annum,  which  compensation  when  so  fixed  shall  be  audited  and  paid 
as  the  salaries  of  the  city  officers  are  audited  and  paid.  Said  board 
may  also  appoint  a  deputy  secretary  with  power  to  discharge  the 
duties  of  secretary  in  his  absence  or  on  account  of  disability,  on  the 
part  of  said  secretary  to  discharge  such  duties,  and  fix  his  compensa- 
tion. Said  secretary  in  person  or  by  deputy  shall  attend  upon  the 
sessions  of  the  board  and  keep  a  record  of  its  proceedings  and  affairs 
and  discharge  such  other  duties  appertaining  to  such  records  and 
affairs  as  the  board  may  require.  Said  Board  of  Public  Works  may,  if 
it  shall  so  determine,  make  such  secretary  the  general  manager  of 
the  entire  affairs  of  the  Board  of  Public  Works  and  the  executive 
officer  ther&of,  and  in  case  such  action  is  taken  the  city  engineer, 
superintendent  or  superintendents  of  the  water  works  and  electric 
lighting  plant  or  other  public  utilities,  and  all  agents  and  employees  of 
the  board  shall  be  under  his  control  and  direction,  subject  to  the 
supervision  of  the  Board  of  Public  Works.  And  in  the  event  of  said 
Board  of  Public  Works  creating  the  office  of  general  manager  in  con- 
nection with  that  of  secretary  of  the  board,  it  may  fix  his  salary  at  a 
sum  not  to  exceed  four  thousand  dollars  to  be  paid  as  above  provided. 
The  Board  of  Public  Works  may  require  any  person  employed  by 
it  to  give  bond  to  the  city  of  Grand  Rapids  in  such  penalty,  and 
with  such  sureties  as  said  Board  shall  fix  and  approve,  for  the  faith- 
ful performance  of  such  services  and  duties  as  may  be  required  of 
them  by  the  board  and  to  pay  over  all  moneys  which  shall  come  into 
the  hands  of  such  employee. 

APPOINTMENT    OF    ENGINEERr— SUPERINTENDENT    OF    WATER    WORKS, 

EL,ECTRIC   EIGHT   OR   OTHER  PL,ANT   AND   TERMS   OF, 

TO  BE  REPORTED   TO  COUNCIIi. 

(Sec.  272.)  Par.  7.  Whenever  the  Board  of  Public  Works  shall 
appoint  a  city  engineer,  superintendents  of  the  water  works,  electric 
lighting  plant  or  other  plant,  secretary  or  deputy  secretary,  as  pro- 
vided for  in  this  title,  it  shall  be  its  duty  to  report  the  name  of  each 
of  the  persons  appointed  and  the  terms  of  his  appointment  to  the 
Common  Council  within  ten  days  thereafter. 


BOARD   TO   DETERMINE  GRADE   LINES   OF  STREETS,   ETC.— RECONSTRUC- 
TION   OF   SIDEWALKS,   ETC.,    LIEN   ON   PROPERTY— ITS   DUTY 
TO  LOCATE  NECESS.ARY  M.AIN  AND  L.ATERAL  SEWERS,  ETC., 
TO  HAVE   EXCLUSIVE   CONTROL   OF   PUBLIC   AND 
LOCAL  IMPROVEMENTS. 

(Sec.  273.)  Par.  8.  Said  Board  of  Public  Works  is  hereby  em- 
powered to  determine  and  establish  the  grade  line  of  all  streets,  side- 
walks, public  places  and  public  grounds  in  the  city,  and  to  compel  the 
laying  of  all  sidewalks  in  conformity  with  the  grade  line  thereof;  and 
in  case  any  sidewalk  shall  not  be  laid  in  conformity  with  such  grade 
line  b}-  the  owner  or  occupant  of  the  property,  said  Board  of  Public 
Works  shall  remove  such  walk  and  rebuild  the  same  in  accordance 
with  the  grade  line  so  established,  and  the  cost  thereof  shall  be  a 
charge  against  the  adjoining  property  and  become  a  lien  thereon  to 
be  enforced  in  accordance  with  the  provisions  of  Title  VI.  of  this 
act  in  relation  to  the  construction  and  repair  of  sidewalks.  It  shall 
be  the  duty  of  said  Board  of  Public  Works  to  establish  the  grade 
line  for  sidewalks  on  any  unimproved  street  at  the  request  of  any 
owner  of  the  adjoining  premises.  It  shall  be  its  duty  to  locate  all 
necessary  main  and  lateral  sewers,  drains,  culverts,  vaults,  arches  and 
bridges,  pipes,  wells,  pumps,  filters,  fountains  and  reservoirs  in  said 
city.  It  shall  have  the  exclusive  control  of  the  construction  of  all 
puijlic  and  local  improvements  after  the  same  have  been  ordered  by 
the  Common  Council  and  in  accordance  therewith,  including  the 
grading,  gravelling,  macadamizing,  paving,  curbing,  or  otherwise 
improving  the  streets  and  other  public  places  in  the  city,  of  all  pub- 
lic and  private  sewers,  sewage  disposal  plants,  farms  and  pumping 
works;  of  all  sidewalks,  cross-walks,  private  driveways,  bridges, 
elevated  roads,  railroads,  viaducts  and  other  like  structures,  and  of 
all  excavations  in  streets  or  other  public  places.  The  construction  of 
private  driveways  from  the  gutters  to  the  street  line  in  any  street 
which  shall  have  been  or  may  hereafter  be  improved,  shall  be  done 
under  the  direction  of  and  in  accordance  with  the  plans  adopted  by 
said  board. 

POWERS   OF  BOARD  IN   CONSTRUCTION   -\ND   REPAIR  OF   STREETS,   ETC., 

WHEN  BY  COUNCIL  DECLARED  NECESS.ARY— TO  BE  PETITIONED  FOR" 

BY  M.AJORITY  OF  OWNERS— PROVISO  BY  COUNCIL  INCLUDING  THE 

L.AYING  OF  SIDEWALKS  AND  SEWER  OR  WATER  CONNECTIONS 

IN  PUBLIC  IMPROVEMENTS. 

(Sec.  274.)  Par.  9.  The  Board  of  Public  Works  shall  have  power 
to  grade,  gravel,  raise,  level,  repair,  mend,  pave  or  cover  with  broken 
or  pounded  stone,  plank  or  other  material,  all  streets,  alleys,  lanes, 
highways,  courts,  public  places  and  public  grounds  or  sidewalks  in 
the  city,  and  such  designated  portions  of  any  street,  alley,  lane,  high- 
way, court,  public  place  or  public  ground  in  the  city  as  the  Common 
Council  by  a  miajority  vote  of  all  the  aldermen  elect  shall  by  resolu- 
tion declare  to  be  a  necessary  public  improvement,  whether  the  same 
has  been  previously  graded,  raised,  leveled,  repaired,  mended,  paved, 
or  covered  as  aforesaid  or  not;  Provided,  That  the  Common  Council 
shall  not  have  authority  to  declare  the  grading,  graveling,  raising, 
leveling,  repairing,  paving  or  covering  as  aforesaid  of  any  street, 
alley,  lane,  highway,  court,  public  place  or  public  ground,  or  desig- 
nated portion  thereof,  a  necessary  public  improvement,  unless  it 
shall  have  been  petitioned  so  to  do  by  the  owners  of  a  majority  of 
the  foot  frontage  residing  in  the  city,  of  all  real  estate  on  said  street, 
alley,  lane,  court,  highway,  public  place  or  public  ground,  or  desig- 
nated   portion    thereof,    proposed    to    t>e    improved,    after    the    grade 

83 


shall  have  been  established.  But  this  proviso  shall  not  apply  when 
the  Common  Council  shall  by  an  affirmative  vote  of  five-sixths  of 
all  the  aldermen  elect  of  said  council  declare  such  grading,  graveling, 
raising,  leveling,  repairing,  mending,  paving  or  covering  as  afore- 
said, a  necessary  public  improvement.  Provided,  further.  That  when 
the  Common  Council  shall,  in  its  resolution  declaring  the  grading  or 
paving  of  any  street  a  necessary  public  improvement,  also  include  as 
a  part  of  such  improvement  the  laying  of  sidewalks  thereon,  said 
board  may  construct  sidewalks  as  a  part  of  such  improvement.  It 
may  also,  in  the  same  manner,  include  as  a  part  of  such  improve- 
ment, the  construction  of  water  services  from  the  water  main  to  the 
street  line. 

BOARD  TO  HAVE  CHARGE  OF  MAINTENANCE  OF  STREETS,  ALLEYS,  ETC., 

AFTER   PERMANENT   IMPROVEMENT—   PROVISION 

FOR  EXPENSE. 

(Sec.  275.)  Par.  10.  The  said  board,  after  the  permanent  im- 
provement of  any  street,  avenue,  alley  or  public  place,  shall  have 
charge  of  its  mlaintenance  and  the  making  of  all  repairs  thereon,  the 
cost  and  expense  thereof  to  be  provided  for  by  the  Common  Council. 

BOARD'S  POWER  TO  REGULATE  MANNER  OF  CARRYING   OUT  OF  ORDIN- 
ANCES   BY    COUNCIL— FOR    M.'UNTENANCE,    ERECTION    OR    REMOVAL 
OF  POLES,  WIRES,   CABLES,  LA\^NG   OF  TRACKS,   CONDUITS   OR 
SUBWAYS,   MANNER   AND   CHARACTER   OF   RAILS,   CON- 
FORMITY OF  GRADES,  OPENING  OF  STREETS, 
LAYING  DOWN  OF  PIPES,  ETC. 

(Sec.  276.)  Par.  11.  Whenever  the  Common  Council  shall  by 
ordinance  authorize,  or  has  heretofore  authorized,  the  erection,  main- 
tenance and  removal  of  poles,  wires  and  cables  for  telephones,  tele- 
graphs, electric  lights,  electric  railways,  electric  motors  or  any  other 
purpose,  or  the  laying  down  of  tracks  and  turntables  for  street  cars 
or  other  railways,  and  the  laying  of  wnres  and  underground  con- 
duits or  subways  for  the  same,  in,  under,  upon  or  over  the  streets, 
alleys  or  public  parks  and  public  grounds  in  said  city,  or  in,  under, 
over  or  upon  any  lands  owned  by  or  under  the  control  of  said  city, 
whether  they  be  inside  the  limits  of  said  city  or  not,  the  Board 
of  Public  Works  shall  have  the  powers  and  authority  to  regulate  the 
manner  of  carrying  out  the  provisions  of  any  such  ordinance,  and 
may,  pursuant  to  ordinance,  require  all  wires  and  cables  to  be  laid 
in  such  conduits  or  subways;  and  may  pursuant  to  ordinance  regu- 
late the  kind,  manner  and  character  of  the  rails  to  be  used  by  street 
railway  companies  and  other  railway  companies  within  the  limits 
of  said  city;  and  shall  require  all  companies  building  and  operating 
such  roads  to  conform!  to  the  street  grades  in  all  streets  wherein  the 
same  are  operated;  and  may  fix  and  regulate  pursuant  to  the  ordin- 
ances or  resolutions  of  the  Common  Council  the  opening  of  street 
surfaces  and  the  places  and  manner  of  laying  down  and  taking  up 
all  motor,  gas.  steam,  sewer  and  other  pipes  and  wires  placed  in  the 
streets  and  other  public  places  in  said  city. 

PUBLIC  BUILDINGS  AND  UTILITIES— BOARD  TO  HAVE  CHARGE  OF  EREC- 
TION AND  CONTROL— EXCEPTIONS— APPOINTMENT  OF 
ENGINEERS,   ETC. 

(Sec.  2yy.)  Par.  12.  Said  board  shall  have  charge  and  control 
of  the  erection  and  construction  of  the  city  hall,  public  market  build- 
ings, electric  light  buildings  and  other  public  buildings  or  structures, 

84 


excepting  engine  houses  and  school  houses  in  said  city.  Said  board 
shall  have  charge  and  control  of  the  erection,  maintenance  and  oper- 
ation of  electric  or  other  lighting  plants  and  of  all  public  utilities 
hereafter  acquired  unless  otherwise  provided;  it  may  employ  and 
fix  the  compensation  of  a  superintendent  or  superintendents  thereof, 
and  such  assistants  as  it  shall  deem  necessary.  It  shall  have  in  rela- 
tion to  such  plants,  utilities  and  employes,  the  same  powers  and 
duties,  as  far  as  applicable,  as  are  hereinafter  given  said  board  in  rela- 
tion to  the  water  works  of  said  city. 

ADVERTISING    FOK    PROPOSALS    FOR    STREET    IMPROVEMENTS— SUPPLY- 
IN(J   OF  WATER   OR  LIGHT  AND  OTHER  PUBLIC   UTILITIES,  AC- 
CEPTANCE AND  REJECTION  OF  BIDS,  CONTRACTS  AND 
SECURITY— WHEN  WORK  MAY  BE   DONE  BY  BOARD, 
REPORTS    TO    COUNCIL   CONCERNING    SAME. 

(Sec.  278.)  Par.  13.  In  the  erection  of  public  buildings  and  the 
grading,  graveling,  paving,  planking  or  covering  with  other  material 
any  street,  highway,  lane,  alley,  court,  public  place  or  public  ground, 
and  in  constructing  main  and  lateral  sewers,  drains  and  other  public 
works,  utilities  or  improvements,  including  w^orks  for  supplying  the 
city  with  light  and  water,  said  board  shall  advertise  in  two  daily 
newspapers  of  the  city  for  at  least  one  week  for  proposals  to  exe- 
cute the  work  and  for  materials  according  to  the  plans  and  speci- 
fications adopted  by  the  board  and  make  contracts  in  writing,  which 
must  be  approved  by  the  Common  Council,  with  any  responsible  bid- 
der; provided,  said  board  shall  require  security  for  the  performance 
of  the  proposals  tendered  to  said  board,  if  the  bid  is  accepted,  and 
security  for  the  performance  of  any  contract  entered  into.  Said 
board  shall  have  the  right  to  reject  any  and  all  bids  made,  and  in 
case  all  bids  are  rejected  the  board  shall  readvertise  for  proposals 
to  execute  the  work  and  for  materials,  but  in  case  all  the  bids  received 
exceed  the  detailed  estimate  of  the  cost  of  such  work  submitted  by 
the  city  engineer  at  the  timie  of  receiving  such  bids,  the  board  may 
readvertise  for  proposals  to  exejute  the  work  and  for  materials,  or 
perform  such  work  and  furnish  the  materials  therefor  itself  without 
further  advertising;  and  if  the  latter  method  shall  be  adopted,  it  shall 
be  the  duty  of  said  board  to  communicate  in  writing  to  the  Common 
Council  at  its  earliest  opportunity  its  determination  so  to  do,  and 
after  the  completion  of  such  work  at  its  earliest  opportunity  the 
board  shall  make  an  itemized  report  in  writing  to  the  Common  Coun- 
cil of  all  money  expended  by  it  in  prosecution  of  such  work  and  the 
purchase  of  such  material,  stating  therein  for  what  particular  pur- 
pose said  money  was  expended.  Provided,  where  such  work  is  to  be 
done,  and  the  estimated  cost  of  the  same  is  less  than  five  hundred 
dollars,  the  Board  of  Public  Works  may  or  may  not  advertise  for 
bids,  at  its  option,  but  in  such  event  shall  report  its  determination 
to  the  Common  Council  and  proceed  to  have  the  work  done  and  make 
an  itemized  report  thereof  in  writing  of  the  expense  thereof  to  the 
Common  Council,  as  in  this  section  above  provided,  and  report  the 
same  to  the  Common  Council  at  its  earliest  opportunity  after  the 
work  is  completed.    ' 

APPROXIMATE   AND   FINAL  ESTIMATES   TO   BE   FURNISHED   BY  BOARD- 
COUNCIL   TO    DETERMINE    MATERIAL    TO    BE    USED— UNLESS 
MAJORITY    OTHERWISE    PETITIONED    FOR. 

(Sec.  279.)  Par.  14.  Previous  to  declaring  any  improvement  a 
public  necessity  the  Common  Council  shall  request  the  Board  of 
Public    Works    to    furnish    an    approximlate    estimate    of    the    cost    of 


making  sucli  improvement,  and  it  shall  be  the  duty  of  the  Board  of 
Public  Works  in  pursuance  of  such  request  to  furnish  such  approxi- 
mate estimate  for  the  improvement  named  therein,  and  may  accom- 
pany the  same  with  its  recommendation  with  reference  to  such  im- 
provement. But  no  estimate  made  miore  than  one  year  prior  to  such 
declaration  shall  be  deemed  a  compliance  herewith.  Whenever  the 
Common  Council  shall  by  resolution  declare  any  public  work  in  said 
city  a  necessary  public  improvement,  or  shall  order  the  construction 
of  any  work  which  is  to  be  done  by  or  under  the  charge  and  control 
of  the  Board  of  Public  Works,  it  shall  be  the  duty  of  said  board  and 
said  board  is  hereby  authorized  to  determine  and  designate  the  parti- 
cular kind  and  quality  of  all  material  to  be  used  in  the  construction  of 
said  work  as  directed  by  the  Common  Council:  Provided,  That  if 
the  owners  of  a  majority  of  the  foot  frontage  of  any  real  estate  on 
any  street,  alley,  lane,  court,  highway,  public  place  or  public  ground, 
or  designated  portion  thereof,  proposed  to  be  improved,  residing  in 
the  city  of  Grand  Rapids  shall  in  their  petition  to  the  Common 
Council  for  such  imlpjovement  designate  the  character  of  the  im- 
provement desired  by  them,  and  such  improvement  shall  be  ordered 
by  the  Common  Council  as  designated  in  said  petition,  then  it  shall 
be  the  duty  of  said  board  to  substantially  follow  such  designation. 

When  the  board  shall  have  determined  and  designated  the  kind 
and  quality  of  all  materials  to  be  used  in  the  construction  of  such 
work,  it  shall  estimate  the  probable  cost  and  expense  of  the  same  and 
of  the  materials  to  be  used  in  detail,  and  cause  to  be  prepared  so  far 
as  may  be  necessary  plans  and  specifications  for  such  work,  and 
report  such  estimate  to  the  Common  Council  as  a  basis  for  assessing 
or  otherwise  raising  according  to  law  the  funds  necessary  to  enable 
the  board  to  go  forward  and  complete  said  work. 

MONEYS  TO  BE  PAID  ON  CONTRACTS  ONLY  ON  ESTIMATE  FURNISHED 
BY  BOARD  FROM  FUND  PROVIDED  FOR. 

(Sec.  280.)  Par.  15.  All  moneys  appropriated  by  the  Common 
Council  shall  be  expended  by  said  board  for  the  purposes  designated, 
so  far  as  shall  be  necessary,  and  be  drawn  from  time  to  time  from 
the  appropriate  fund  by  order  of  the  Common  Council  upon  esti- 
mates of  amounts  earned,  to  be  made  by  the  board  and  reported  to 
the  Common  Council  in  accordance  with  the  terms  of  such  contract, 
and  no  money  shall  be  drawn  from  the  city  treasury  under  this  title 
except   upon   the   order   of   the   Common   Council. 

APPOINTMENT  OF  CITY  ENGINEER  AND  ASSISTANTS,  DUTIES,  SALARIES,. 
ETC. 

(Sec.  281.)  Par.  16.  Said  board  shall  appoint  a  city  engineer 
and  such  assistants  as  may  be  necessary  who  shall  receive  such  com- 
pensation for  their  services  as  may  be  provided  and  fixed  by  said 
board,  not  exceeding  three  thousaiid  dollars  per  year  for  said  en- 
gineer, which  compensation  so  fixed  as  aforesaid,  shall  be  audited, 
allowed  and  paid  in  the  same  manner  as  is  provided  for  the  audit- 
ing, allowing  and  paying  the  salaries  of  other  city  officials.  Said 
city  engineer  shall  perform  such  duties  as  pertain  to  the  civil  engineer- 
ing profession  and  keep  himself  informed  of  the  condition  of  all  public 
streets,  sewtrs  and  grounds,  and  all  plans  and  specifications  for  the 
construction,  improving  or  repairing  thereof  shall  be  made  under 
his  supervision,  and  he  shall  have  supervision  of  all  streets,  sewers, 
and  public  property  under  the  control  of  the  Board  of  Public  W^orks, 
and  the  improvement  and  repairs  thereof,  except  the  water  works  and 
lighting    plant,    whether    such    work    be    done    by    contract    or    other- 


wise.  He  shall  sec  that  the  provisions  of  all  contracts,  ordinances 
and  regidations  relating  to  the  construction,  improvement  and  repair 
of  streets,  sewers  and  all  property  herein  designated  are  strictly  com- 
plied with. 

He  shall  keep  proper  records  of  all  matters  relating  to  his  office 
and  report  to  the  Board  of  Public  Works  or  other  boards,  commis- 
sions, or  the  Common  Council,  from  time  to  time,  such  suggestions 
and  recommendations  in  matters  connected  with  his  department  as 
he  may  deem  expedient.  It  -shall  be  the  dut}^  of  such  engineer  to  per- 
form such  duties  as  may  be  required  of  him  by  the  Board  of. Public 
Works  or  Common  Council  and  act  as  consulting  engineer  for  all 
other  boards  and  commissions  authorized  by  this  act  or  created  here- 
after in  pursuance  •  thereof.  He  shall  receive  no  compensation  or 
salary  therefor  other  than  his  salary  as  city  engineer. 

BO.\RI>    TO    REPORT    PROGRESS,    ETC.,    OF    IMPROVEMENTS    UPON    RESO- 
LUTION   OF   COUNCIL,. 

(Sec.  282.)  Par.  17.  The  Common  Council  may  at  any  time  by 
resolution  call  upon  said  Board  of  Public  Works  to  furnish  a  state- 
ment showing  the  condition,  progress  and  operation  of  any  work  or 
improvement  being  carried  forward  under  the  charge  and  control  of 
said  board;  and  it  shall  be  the  duty  of  said  board  to  furnish  said 
statement   without  unnecessary  delay. 

AUTHORITY  AND  POWER  OF  BOARD  TO  MAINT.\IN  AND  CONTROL,  WATER 

WIORKS— EXTENDING  OF  AND  ADDING  OF  ADDITIONAL 

SUPPLY  FROM  IN   OR  OUT   OF  CITY. 

(Sec.  283.)  Par.  18.  Said  Board  of  Public  Works  shall  have 
charge  and  control  of  the  maintenance  and  operation  of  the  city 
water  -works,  and  it  is  hereby  authorized  and  given  authority,  by  and 
with  the  approval  of  the  Common  Council,  to  purchase  or  construct 
new,  or  maintain  and  extend  existing  water  works  to  supply  the 
inhabitants  thereof  with  pure  and  wholesome  water  for  the  ordinary 
and  extraordinary  uses  of  the  inhabitants  thereof,  the  extinguish- 
ment of  fires  and  such  other  purposes  as  the  Common  Council  may 
prescribe.  When  the  Commlon  Council  shall  deem  it  for  the  public 
interest  water  works  may  be  purchased  within  or  without  the  cor- 
porate limits  of  the  city,  or  may  be  constructed  and  maintained  by  the 
Board  of  Public  Works  with  the  approval  of  the  Common  Council, 
beyond  the  corporate  limits  of  the  city;  and  in  such  case  the  Common 
Council  shall  have  authority  to  enforce  beyond  the  limits  of  the  city 
within  the  county  or  counties  in  which  such  works  are  situated,  and 
over  the  buildings,  machinery  and  other  property  belonging  to  and 
connected  with  such  water  works  such  ordinances  and  police  regu- 
lations as  may  be  necessary  for  the  care,  protection,  preservation, 
management  and  control  thereof,  in  the  same  manner  and  to  the  same 
extent  as  if  they  or  it  were  within  the  city. 

BOARD'S     PRIVILEGES    IN    STREETS,    ETC.,    PURCHASE    OF    MACHINERY, 

PURCHASING    OR    LEASING    OF   LAND,    WATER   WORKS,    RIGHTS    OF 

WAY  AND   PRIVILEGES,   ON  APPROVAL   AND   CONSENT  OF 

COUNCIL. 

(Sec.  284.)  Par.  19.  Said  Board  of  Public  Works  may  deter- 
mine the  kind  and  quantity  of  power  and  machinery  required  therefor, 
the  pipes,  conduits  and  reservoirs  to  be  used,  and  the  manner  and 
extent  of  distribution  in  said  city;  and  with  the  consent  and  approval 
of  the  Common  Council  shall  have  the  right  to  lay  conduits,  pipes, 

87 


aqueducts  or  other  necessary  works  over  or  unJer  any  water-course, 
or  under  and  along  any  street,  alley,  lane,  turnpike,  railroad  or  rail- 
way, within  or  outside  said  city,  but  not  in  such  a  manner  as  to 
obstruct  the  same,  or  impede  or  prevent  travel  thereon;  and  said 
board  may  at  all  times  enter  upon  and  dig  up  such  street,  alley,  road 
or  highway  to  lay  pipes  thereon  or  to  construct  works  underneath 
the  surface  thereof;  but  it  shall  cause  the  surface  of  such  street,  alley. 
road  or  highway  to  be  relaid  or  restored  to  its  usual  state,  and  any 
damage  done  thereto  to  be  repaired,  and  such  rights  shall  be  con- 
tinuous for  the  purpose  of  relaying  or  repairing  water  pipes  upon 
like  conditions. 

Said  Board  of  Public  Works  with  the  approval  of  the  Common 
Council  may  lease  and  purchase  lands,  water  works,  rights  and  other 
privileges  deemed  necessary  in  effecting  such  supply.  It  shall  have 
power  to  erect  and  maintain  a  dam  in  Grand  River  on  or  near  the 
rapids  thereof  if  found  necessary,  within  the  corporate  limits  of  the 
city,  in  order  to  procure  a  sufficient  supply  6f  water  for  the  use  of 
the  city  and  the  citizens  thereof.  It  may  lay  service  pipes  to  each 
lot  adjacent  to  the  street  when  laying  water  mains  therein  or  im- 
proving the  same  in  such  manner  and  places  as  said  board  shall 
deem  necessary,  and  establish  and  erect  fire  hydrants,  jets  and  foun- 
tains. 

REPAIRS   IN   CASE    OF   ACCIDENT    TO   WATER   WORKS. 

(Sec.  285.)  Par.  20,  Whenever  the  water  works  or  other  works 
under  the  control  of  the  Board  of  Public  Works  shall  be  injured 
or  impaired  by  accident  or  otherwise,  said  board  shall  have"  power  by 
and  with  the  written  consent  of  the  Mayor  filed  with  the  city  clerk, 
to  repair  or  re-construct  said  works  by  contract  or  otherwise,  when 
in  the  opinion  of  said  board,  such  repair  or  reconstruction  is  imme- 
diately necessary,  and  the  interests  of  the  city  will  be  jeopardised  by 
delay.  In  case  said  board  shall  repair  or  reconstruct  any  work  as 
aforesaid,  it  shall  without  delay  make  a  full  report  to  the  Common 
Council  of  the  nature  and  extent  of  such  repair  or  reconstruction 
with  an  itemized  statement  of  the  cost  thereof,  and  thereupon  it  shall 
be  the  duty  of  the  Common  Council  to  provide  means  to  meet  the 
cost  thereof  in  the  manner  provided  by  law. 

REPAIR  AND  EXTENSION   OF  MAINS — ISSUE   OF   BONDS   FOR   SAME. 

(Sec.  286.)  Par.  21.  Said  board  in  its  discretion  shall  have  power 
to  repair,  extend  and  improve  the  main  and  distributing  pipes  in  the 
city  and  all  other  parts  of  the  water  works  of  the  city,  and  may  also 
provide  an  additional  supply  of  water  as  the  same  shall  be  needed 
whenever  requisite  means  are  provided  for  that  purpose.  Whenever 
said  board  shall  deem  such  work  necessary,  it  shall  communicate 
its  determination  to  the  Common  Council  with  its  reasons  therefor, 
and  also  a  general  plan  of  the  work  proposed  with  an  estimate  of 
the  cost  thereof,  whereupon  the  Common  Council  is  authorized  to 
iDorrow  such  money  on  the  faith  of  the  city  for  the  purpose  of  de- 
fraying the  expense  of  such  work  as  it  may  deem  expedient,  not 
exceeding  such  estimate,  for  a  term  not  exceeding  twenty  years  at  a 
rate  of  interest  not  exceeding  five  per  cent,  per  annum,  and  for  such 
purpose  may  issue  the  bonds  of  the  city,  signed  by  the  mayor  and 
countersigned  by  the  comptroller,  and  in  such  forms  and  sums  as  the 
Common  Council  shall  direct,  and  such  bonds  shall  be  disposed  of 
under  the  direction  of  the  Common  Council  or  of  the  mayor,  upon 
such  terms  as  may  be  deemed  advisable,  but  not  for  less  than  the  par 
value   thereof,   and   the   avails   shall   be   applied   to   such   purposes   and 


for  no  other  purpose:  Provided.  That  nothing  in  this  section  con- 
tained shall  be  so  construed  as  to  authorize  the  incurring  of  any 
bonded  indebtedness  against  the  city  in  excess  of  that  authorized  by 
this  act  for  any  of  the  purposes  aforesaid,  unless  the  qualified  electors, 
voting  upon  such  question  shall  have  authorized  the  issuing  of  said 
bonds  by  a  majoritj-  of  their  votes  cast  thereon  at  any  regular  elec- 
tion or  at  a  special  election  called  for  the  purpose  of  voting  upon  such 
question. 

APPKOl'RIATIOX  OF  PRIVATE  PROPERTY,  (  OlXt  II.  TO 
PROVIDE  MEAX.S,  ETC. 

(Sec.  287.)  Par.  22.  In  case  it  shall  be  necessary  in  the  judg- 
ment of  the  Board  of  Public  Works,  such  contemplated  action  being 
approved  by  the  Common  Council,  to  appropriate  private  propert}- 
either  within  or  without  the  city,  for  the  construction,  maintenance 
or  due  care  and  operation  of  the  water  works,  the  right  to  occupy 
and  hold  the  same,  and  the  ownership  therein  and  thereto,  may  be 
acquired  by  the  city  in  the  manner  and  with  like  effect  as  provided  in 
this  act  for  the  taking  of  private  property  for  public  uses.  Provided, 
That  before  any  contract  for  constructing,  extending,  repairing  or 
improving  said  water  works  shall  have  been  entered  into,  the  Com- 
mon Council  shall  legally  provide  the  means  to  meet  the  estimated 
cost  thereof  in  accordance  with  the  provisions  of  this  act  for  raising 
money. 

BOARD    TO    TAKE    PROPERTY   REQUIRED    FOR    WATER   SUPPEY,    ETC., 
COMPENSATION   FOR   !SAME. 

(Sec.  288..)  Par.  2t,.  Said  board  for  the  city  and  under  its  di- 
rection, its  agents,  employees  and  workmen,  are  hereby  authorized  to 
enter  upon  anj-  real  estate  or  water  within  or  without  the  corporate 
limits  of  the  city  for  the  purpose  of  making  surveys  and  to  agree 
with  the  owners  of  any  real  estate,  property,  rights  or  privileges, 
which  may  be  required  for  the  purpose  of  obtaining,  or  conveying 
a  supply  of  water  to,  in  or  through  said  city,  as  to  the  amount  of 
compensation  to  be  paid  said  owner:  and  also  for  obtaining  the  right 
of  ilowage  of  water  upon  real  estate  of  any  owner  thereof  and  of 
erecting  dikes  thereon,  and  the  compensation  to  be  paid  to  the  owner 
therefor.  In  case  of  a  disagreement  between  the  board  and  the  owner 
of  any  real  estate,  property,  rights  or  privileges  which  may  be  re- 
quired for  such  purpose  by  any  operation  connected  therewith,  as 
to  the  amount  of  compensation  to  be  paid  such  owner,  or  in  case 
such  owner  shall  be  a  minor,  insane  or  a  non-resident  of  the  state, 
the  same  shall  be  reported  to  the  Common  Council  by  said  board 
and  thereupon  said  Common  Council  shall  cause  such  proceedings 
to  be  instituted  and  prosecuted,  in  the  name  of  and  .in  behalf  of  said 
city,  as  are  prescribed  in  this  act  or  authorized  by  the  general  statutes 
of  the  state  for  the  condemnation  of  real  estate  taken  for  public  im- 
provements. 

AWARD    OF    DAMA(iE8. 

(Sec.  289.)  Par.  24.  When  the  amount  is  found  by  the  .jury  pro- 
vided for  in  the  preceding  sections,  the  value  of  the  land  taken  and 
reported  as  damages,  such  damages  shall  be  paid  into  the  city  treas- 
ury for  any  such  owner,  and  the  Common  Council  shall  have  the 
right  to  accept  so  much  real  estate,  property,  rights  or  privileges 
as  may  be  covered  by  the  finding  of  the  jury  for  all  purposes  con- 
templated by  said  proceedings,  and  the  person  in  whose  behalf  such 
finding  of  che  jury  is  made  shall  be  entitled  to  draw  the  amomit  from 

89 


the  city  treasury  upon  giving  a  receipt  therefor  expressing  therein 
that  such  amount  is  in  full  for  all  damages  sustained  by  him  in  the 
premises. 

INJUKY  OF  WOKK,  PROPERTY,  ETC.,  POLLUTION  OF  WATER- 
PUNISHMENT  FOR. 

(Sec.  290.)  Par.  25.  If  any  person  shall  do  or  cause  to  be  done 
any  act  whereby  any  work,  material  or  property  selected  or  used  for 
the  purpose  of  procuring;  or  keeping  a  supply  of  wacer  for  the  city, 
shall  in  any  manner  be  injured,  or  shall  pollute  any  such  water,  he 
shall  be  deemed  guilty  of  a  misdemeanor  for  each  of  such  acts  com- 
mitted, and  upon  conviction  thereof  in  any  court  of  competent  juris- 
diction, he  shall  be  punished  by  a  line  of  not  less  than  five  dollars  or 
more  than  live  hundred  dollars  and  costs  of  prosecution,  or  by  im- 
prisonment for  not  less  than  thirty  days  or  more  than  one  year  in 
the  common  jail  for  Kent  county.  In  case  such  tine  and  costs  are  not 
paid  such  convicted  person  m.ay  be  imprisoned  in  said  jail  for  a  period 
not  to  exceed  thirty  days  if  such   tine  and  costs  are  not  sooner  paid. 

TAPPING    OF   MAINS,    ETC.,   WITHOUT   AUTHORITY. 

(Sec.  291.)  Par.  26.  No  person  shall  without  the  authority  of 
the  board  of  public  works  through  the  authority  delegated  by  it  to 
any  of  its  agents  or  employees,  perforate  or  bore,  or  cause  to  be 
perforated  or  bored,  any  reservoir,  distributing  pipe  or  main  belong- 
ing to  the  water  works  of  the  city,  or  make  or  cause  to  be  made  any 
connection  or  communication  whatever  with  said  reservoir,  distribut- 
ing pipe  or  main,  or  dig  up  or  molest  the  same.  Any  person  offending 
in  any  of  the  matters  aforesaid  shall  be  deemed  guilty  of  a  misde- 
meanor for  each  offense  so  committed  and  subject  to  the  tine,  pen?»l- 
ties  and  imprisonment  imposed  and  provided  for  in  the  preceding 
section. 

No  person  shall  interfere  with  the  water  works  of  said  city  or 
?ny  part  thereof,  or  in  any  manner  diminish  or  prevent  the  supply 
of  water  for  the  extinguishnient  of  tires  in  said  city.'  Any  person 
interfering  therewith  in  the  manner  above  mentioned  shall  be  deemed 
guilty  of  a  misdemeanor  and  upon  conviction  thereof,  shall  be  sub- 
ject to  the  same  fine,  penalty  and  impris(inment  provided  in  the  pre- 
ceding section. 

EMPLOYMENT  OF   HELP— RULES   .4NI)   REGULATIONS   REGARDING   USE   OF 
W.4TER    BY    CONSUMERS,    ETC. 

(Sec.  292.)  Par.  2-].  Said  board  shall  have  power  to  employ  such 
agents,  employees,  and  laborers  as  may  be  necessary  in  the  care, 
management  and  maintenance  of  such  water  works,  and  fix  their 
compensation;  said  board  shall  establish  the  rates  to  be  paid  by  con- 
sumers of  water,  and  make  rules  and  regulations  for  connecting  the 
water  works  with  private  property  and  in  relation  to  the  use  of  water 
supplied  thereby  to  consumers  and  premises,  and  may  deprive  such 
customers  and  premises  of  a  supply  of  water  from  such  water  works 
until  all  arrearages  for  water  supplied  are  paid,  and  may  also  enforce 
the  payment  of  the  same  by  a  suit  commenced  in  the  name  of  the 
city  in  any  court  of  competent  jurisdiction.  All  charges  for  water 
supplied  to  any  consumer  and  to  any  premises  under  the  rules  and 
regulations  as  aforesaid,  and  also  the  cost  of  the  service  pipes  as  pro- 
vided for  in  this  title  shall  be,  in  either  case,  a  lien  upon  the  premises 
to  which  said  service  pipe  was  laid  until  paid,  and  such  lien  may  be 
enforced  in  manner  and  form  as  is  provided  for  in  this  act  for  the 
construction  and  repair  of  sidewalks. 

90 


LICENSE  OF  PLUMBERS,  DRAIN    LAYERS,  ETC. 

(Sec.  293.)  Par.  28.  Said  board  shall  also  have  power  to  license 
plumbers,  drain  layers,  or  other  competent  persons,  to  lay  service 
pipes  and  lateral  drains  to  connect  with  public  water  mains  and  public 
sewers,  and  no  person  shall  dig  or  cause  digging  to  be  done  in  any 
street,  highway,  allej',  lane,  court,  public  place  or  public  ground  in 
said  city,  for  the  purpose  of  making  such  water  or  sewer  connections, 
without   first  obtaining  from   said  board   a   permit   therefor. 

No  person  other  than  those  holding  an  unrevoked  license  from 
the  board  shall  extend  or  do  any  plumbing  on  anj^  private  pipe  con- 
nected directly  or  indirectly  with  any  public  water  main  or  public 
sewer,  or  connect  an}-  private  pipe  with  any  public  water  main  or 
public  sewer. 

In  case  anj'  person  holding  a  license  from  said  board  shall  fail 
to  comply  with  any  of  the  rules,  regulations  or  requirements  made  by 
said  board  applicable  to  person  holding  the  same,  such  license  may 
be  revoked  by  said  board. 

EMPLOYES    TO    REPORT    TO    BOARD— RESTORATION    OF    STREETS    AFTER 
DISTURBING  SAME. 

(Sec.  294.)  Par.  29.  All  agents,  superintendents  and  engineers 
in  the  employ  of  or  licensed  by  said  board,  shall  make  report  to  said 
board  of  their  doings  from  time  to  time,  in  accordance  with  such 
rules,  regulations  and  requirements  as  said  board  may  legally  make 
in  the  premises,  and  in  all  things  shall  conform  to  such  rules,'  regu- 
lations and  requirements.  The  board  shall  have  power  to  compel 
any  person  acting  under  authority  from  it,  to  restore  any  sidewalk, 
street,  pavement,  highway,  alley,  lane,  court,  public  place  or  public 
ground  that  he  shall  dig  up  or  disturb  to  a  condition  that  shall  be 
satisfactory-  to  the  city  engineer. 

POWERS  REGARDING  FULFILLMENT  OF  CONTRACTS. 

(Sec.  295.)  Par.  30.  Said  board  shall  reserve  the  right  in  all 
contracts  to  determine  finally  all  questions  as  to  the  proper  per- 
formance of  such  contracts  and  as  to  the  completion  of  the  work 
specified  therein  and  in  case  of  the  improper,  dilatory  or  imperfect 
performance  thereof,  to  suspend  the  work  at  any  time,  to  order  the 
partial  or  entire  reconstruction  of  the  same,  or  to  relet  the  work  cov- 
ered by  such  contract,  or  any  unfinished  portion  thereof  whenever 
from  unreasonable  delay  in  the  work  or  for  other  just  cause,  it  shall 
deem  such  contract  forfeited,  and  power  is  herebj^  given  said  board 
to  determine  all  such  questions  arising  under  any  such  contract 
according  to  the  true  intent  and  meaning  thereof.  Said  board  also 
reserve  the  right  in  all  contracts  when  it  shall  become  satisfied  that 
the  work  provided  for  in  any  contract  will  not  be  completed  within 
the  time  limited,  to  place  additional  men  and  teams  on  said  work  and 
supply  additional  material  if  necessary,  and  render  such  assistance 
as  it  may  deem  advisable  for  the  completion  of  such  contract,  and  all 
such  costs  and  expense  so  made  shall  be  charged  to  the  contractor 
and   retained   bj'   said   board   out   of  the   contract   price. 

PROSECITION  FOR  BREACH  OF  CONTRACT,  GUARANTEE,  ETC. 

(Sec.  296.)  Par.  -31.  Said  board  is  hereby  authorized  to  com- 
mence and  prosecute  -in  the  name  of  the  city  any  suit  or  proceedings 
for  the  recovery  of  any  penalty  or  forfeiture  incurred  by  any  person 
under  the   provisions   of  this   act,  or  for   daniages   for   breach   of  any 

91 


contract  authorized  to  be  made  and  entered  into  by  said  board,  or  to 
enorce  the  performance  of  such  contract  under  the  provisions  of  this 
title. 

Whenever  any  public  street  shall  be  improved  and  the  contract 
for  such  improvement  shall  be  accompanied  by  a  guarantee  for  a  year 
or  more,  said  Board  of  Public  Works  shall  retain  control  of  such 
street  until  the  expiration  of  the  time  of  such  guarantee,  so  far  as 
HTay  be  necessary  to  compel  the  contractor  to  carry  out  the  provisions 
of  such  guarantee. 

PL.Vrs  OF  RE.4I,  ESTATE  TO  BE  APPROVED  BY  BOARD— GRADE  LINES  TO 
BE   ESTABL,ISHED. 

(Sec.  297  '  Par.  3,2.  In  all  cases  where  real  estate  in  the  city 
shall  hereafter  be  subdivided  into  lots  and  blocks,  or-  into  lots  or 
blocks,  and  into  streets,  highways,  alleys,  lanes,  coiirts,  public  places 
or  public  grounds,  the  map  or  plat  thereof  shall  be  submitted  to  the 
Board  of  Public  Works  for  its  approval,  and  no  such  map  or  plat 
shall  be  recorded  or  have  any  validity  until  approved  by  said  board, 
and  such  approval  shall  be  certified  to  by  an  endorsement  on  said 
map  or  plat  signed  by  the  president  of  said  board,  and  a  copy  thereof 
shall  be  placed  on  file  in  the  office  of  said  board.  The  grade  line  of 
all  such  streets,  highways,  lanes,  alleys  courts,  public  places  and 
public  grounds  shall  be  established  by  said  board  immediately  after 
such   map  or  p\iit  shall  be  recorded  as  aforesaid. 

RULES   AND   REGULATIONS   REGARDINC;   TAPPING    AND   MAKING   CONNEC- 
TIONS  WITH   SEWERS. 

(Sec.  298.)  Par.  3.3.  The  Board  of  Public  Works  shall  have 
authorit}-  to  make  and  enforce  such  rules  and  regulations  in  reference 
to  tapping  and  making  connections  with  public  sewers  for  draining 
lots  or  premises  as  it  may  deem  for  the  public  interest.  Any  person 
tapping  or  making  connection  with  any  public  water  main  or  public 
sewer,  in  violation  of  such  rules  and  regulations,  shall  on  convic- 
tion thereof,  be  liable  to  a  fine  not  exceeding  fifty  dollars  and  costs, 
or  imprisonment  in  the  common  jail  for  the  county  of  Kent,  for  a 
period  not  exceeding  thirty  days.  In  case  such  convicted-  person 
does  not  pay  the  fine  and  costs  as  aforesaid,  he  may  be  imprisoned 
in  said  jail,  for  a  period  of  not  more  than  thirty  days  unless  such 
fine  and  costs  are  sooner  paid.  He  shall  in  addition  thereto  be  liable 
to  the  city  for  all  damages  caused  by  such  unlawful  interference. 

DAMAGE  TO  PROPERTY  UNDER  CHARGE  OF  BO.YRD  AND  PROSECUTION 
FOR  SAME. 

(Sec.  299.)  Par.  34.  Whenever  any  damage  shall  be  done  by 
any  person  to  any  of  the  property'  under  the  charge  and  control  of 
the  Board  of  Public  Works,  said  board  may  cause  suit  to  be  brought 
against  such  person  in  the  name  of  the  city  of  Grand  Rapids,  in  any 
court  of  competent  jurisdiction;  and  whenever  any  such  suit  shall  be 
brought,  it  shall' be  the  duty  of  said  board  to  attend  to  the  prompt 
prosecution  thereof,  and  to  see  that  any  judgment  obtained  on  account 
thereof  shall  be  carried  into  eflfect.  All  moneys  obtained  because  of 
any  such  suit,  over  and  above  the  actual  costs  and  expenditures 
therein,  shall  be  immediateh'  paid  into  the  cit3'  treasury  by  said  board 
and  placed  in  such  fund  as  the  Common  Council  may  direct.  Said 
board  shall  make  a  detailed  statement  of  the  money  received  from 
said  suit,  and  the  costs  and  expenses  thereof  to  the  Common  Council 


at  its  next   regular  session  after  the  receipt   of  sncli   money  as  afore- 
said. 

COXTKACTOK  LIABLE  I-OK  l>AMA<iE  TO  PERSONS  OK  I'ROPEK'FY— IN  CASE 
OF    NECiLECT    TO    PKOPEKLY    (Jl'ARI). 

(Sec.  300.)  Par.  35.  If  any  contractor  shall  fail  to  keep  up  suffi- 
cient fence  or  protection  guards  to  prevent  damage  or  injury  to  per- 
sons or  property,  or  shall  be  guilty  of  other  negligence  in  doing  work 
under  contract,  and  injury  to  persons  or  property  shall  occur  by 
reason  of  such  default  or  negligence,  the  contractor  guilty  of  such 
default  or  negligence  shall  be  liable  to  the  person  injured  in  person 
or  propert3%  for  the  damage  sustained,  to  be  recovered  with  costs 
in  the  proper  form  of  actic^n  in  any  court  of  competent  jurisdiction. 


93 


TITLE  IX. 
BOARD   OF  POLICE  AND  FIRE  COMMISSIONERS. 


(JOVERNMENT    AND   DISCIPLINE   VESTED   IN. 

(Sec.  305.)  Par.  i.  All  the  powers  and  duties  connected  with  and 
incident  to  the  government  and  discipline  of  the  police  and  fire  depart- 
ments of  the  city  shall  be,  as  hereinafter  provided,  vested  in  and  exercised 
by  a  board  of  five  commissioners,  to  be  known  as  "The  Board  of  Police  and 
Fire  Commissioners"  of  the  City  of  Grand  Rapids,  a  majority  of  whom 
shall  constitute  a  quorum  for  the  transaction  of  business.  Such  board  shall 
be  appointed  as  hereinafter  provided. 

APPOINTMENT    OF   MEMBERS — TERMS   OF   OFFICE,    ETC. — VACANCIES. 

(Sec.  306.)  Par.  2.  The  full  term  of  each  member  of  the  Board  of 
Police  and  Fire  Commissioners  shall  be  five  years  and  until  his  successor 
is  appointed  and  qualified.  The  members  of  said  Board  of  Police  and  Fire 
Commissioners,  under  the  charter  provisions  existing  prior  to  the  taking 
effect  of  this  act,  shall  continue  to  serve  out  their  respective  terms  after  the 
taking  effect  of  this  act.  The  appointment  of  members  of  said  board  shall 
be  made  by  the  mayor,  but  no  more  than  three  members  of  said  board  at 
any  one  time  shall  be  of  any  one  political  party.  Whenever  the  term  of 
office  of  any  member  of  the  present  Board  .of  Police  and  Fire  Commis- 
sioners shall  expire,  his  successor  shall  be  appointed  by  the  mayor  within 
twenty-one  days  thereafter,  and  his  term  of  office  shall  date  from  the 
expiration  of  the  term  of  office  of  the  member  whom  he  succeeds.  Vacan- 
cies occurring  in  the  present  board  or  in  any  future  board  shall  be  filled 
for  the  unexpired  term. 

WHO   ELIGIBLE   AS   COMMISSIONERS. 

(Sec.  307.)  Par.  3.  Members  of  said  Board  of  Police  and  Fire 
Commissioners  shall  serve  without  any  compensation  whatever.  No  per- 
son shall  be  eligible  to  said  board  unless  he  shall  then  be  an  elector  and 
resident  of  the  city,  nor  shall  any  person  be  eligible  who  holds  any  elective 
or  nolitical  office,  or  any  office  by  virtue  of  the  appointment  of  the  mayor 
or  Common  Council  of  said  city,  and  any  of  said  commissioners  shall  be 
deemed  to  have  vacated  his  office  in  the  event  of  his  accepting  or  holding 
any  such  office  in  said  city. 

PRESIDENT     AND      SECRETARY     OF     BOARD— OFFICES— MEETINGS— REC- 
ORDS—CLAIMS  AND  ACCOUNTS  AGAINST. 

(Sec.  308.)  Par  4.  The  said  board  shall  annually  elect  one  of  its 
members  president  thereof  to  act  until  his  successor  is  elected,  and  shall 
fill  any  vacancy  in  such  office  as  president.  It  shall  also  annually  appoint 
an  elector  of  the  City  of  Grand  Rapids  to  be  secretary  of  the  board  and 
fix  his  compensation.  It  shall  provide  an  office  in  the  building  used  for 
the  Police  Court  and  police  purposes  for  its  use,  and  for  the  use  of  its 
secretary,  and  hold  therein  regular  meetings  at  least  once  a  week,  and  such 

94 


special  meetings  as  it  may  from  time  to  time  provide,  and  cause  full  and 
accurate  records  of  the  same  and  of  all  business  transacted  by  the  board 
to  be  kept  by  the  secretary.  It  shall  furnish  such  office  with  all  the  neces- 
sary furniture,  record  books,  stationery,  etc.,  for  the  use  of  the  board.  The 
secretary  of  said  board  shall  keep  a  separate  account  of  all  expenditures 
ordered  by  the  board,  an  account  of  the  police  and  fire  departments,  and  of 
all  expenses  incurred  by  the  board  in  managing  and  maintaining  said  de- 
partment. The  board  shall  report  to  the  Common  Council  monthly  the 
conditions  and  needs  of  the  police  and  fire  departments  and  the  probable 
expense  of  conducting  each  for  the  ensuing  month,  together  with  the 
number  of  men  employed  in  each  of  said  departments.  Said  board  shall 
also  certify  from  time  to  time  to  the  city  comptroller  all  claims,  accounts 
and  demands  against  the  city  for  or  on  account  of  said  police  and  fire 
departments,  as  shall  have  been  approved  by  the  board,  and  the  city  comp- 
troller shall  report  the  same  to  the  Common  Council  for  payment  in  all 
cases  where  the  expenditure  involved  is  included  within  the  detailed  an- 
nual estimate,  and  in  all  other  cases  he  shall  report  the  item  to  the 
Common  Council  for  its  action.  Said  board  shall  also  report  to  the 
comptroller    any  claim  or  demand  the  validity  of  which  may  be  in  doubt. 

€HIKF   OF  POLICE— SPECIAL  POLICE,   ETC.— SERGEANTS,   CAPTAINS,   ETC. 
—COMPENSATION. 

(Sec.  309.)  Par.  5.  Said  board  shall  have  full  power  to  appoint  a 
chief  of  police,  to  hold  his  position  during  good  behavior  and  efficient 
service,  and  who  shall  be  removed  only  for  sufficient  cause  shown,  by  a 
majority  vote  of  all  of  the  members  of  said  board.  It  shall  also  appoint 
police  constables,  special  policemen,  additional  policemen  and  watchmen, 
subject  to  such  limitations  and  restrictions  as  to  qualifications  as  are  pro- 
vided for  in  this  act.  It  shall  have  power  to  appoint  as  many  police  consta- 
bles and  watchmen  as  it  may  deem  necessary,  but  not  exceeding  three  for 
every  two  thousand  inhabitants  of  the  city.  It  may  designate  one  or  more 
of  the  police  constables  to  be  sergeants,  captains  and  lieutenants  of  police, 
and  as  such  to  exercise  control  of  the  police  force  as  prescribed  by  the 
regulations  of  the  board.  Said  board  may  fix  the  compensation  of  the 
chief  of  police  and  all  persons  appointed  by  it  to  serve  upon  the  police 
force  or  in  connection  with  it.  as  provided  for  in  this  title. 

SEALER  OF  WEIGHTS   AND   MEASURES. 

(Sec.  310.)  Par.  6.  The  said  board  shall  designate  one  of  its 
police  constables  as  a  sealer  of  weights  and  measures,  and  such  offi- 
cer shall  be  known  as  the  "Sealer  of  Weights  and  Measures."  The 
said  sealer  of  weights  and  measures  shall  devote  his  entire  time  to 
the  duties  of  his  office,  and  try  and  prove  all  scales,  beams,  weights 
and  measures  used  in  said  city  for  the  purpose  of  buying  and  selling, 
and  shall  perform  all  of  the  duties  required  by  the  ordinances  of  the 
city.  It  shall  be  the  duty  of  said  sealer  of  weights  and  measures  to 
make  complaint  and  prosecute  for  each  and  every  violation  of  such 
ordinances  or  of  the  laws  of  the  state  of  Michigan  relative  to  weights 
and  measures. 

APPOINTMENT  OF  SPECL4L  POLICE  CONSTABLES,  ETC. 

(Sec.  311.)  Par.  7.  Said  Board  of  Police  and  Fire  Commission- 
ers may  appoint  as  many  special  police  constables,  with  or  without  com- 
pensation, in  times  of  special  emergency,  or  in  cases  of  danger  from 
riot  or  other  cause  of  alarm,  as  it  may  deem  expedient,  or  as  the 
Common  Council  or  mayor  may  request.  Whenever  it  may  seem 
proper   to   said   board   it   may   appoint   any   number   of   special    police 

95 


constables  lo  do  duty  at  any  designated  place  within  the  city  upon 
the  application  of  any  person  or  persons  showing  the  necessity  there- 
for, but  at  the  expense  of  such  person  or  persons.  The  special  police- 
men so  appointed  shall  perform  duty  only  at  the  places  designated 
by  the  board  and  shall  continue  in  office  only  at  the  pleasure  of  the 
board  for  a  term  not  exceeding  one  year.  All  persons  appointed  by  ' 
the  board  under  this  section  and  the  preceding  section  shall  be  citi- 
zens of  the  United  States  and  shall  have  been  continuous  residents 
of  the  city  for  at  least  three  months  next  preceding  such  appomt- 
ment. 

rOWER    AND    AUTHOKITV    OV    POMCE    OFFICERS. 

(Sec.  312.)  Par.  8.  The  chief  of  police',  police  officers,  police 
constables  and  special  policemen  shall  have  and  possess  the  power 
and  authority  usually  conferred  upon  metropolitan  police.  They  or 
or  either  of  them  shall  be  authorized  to  serve  any  criminal  warrant  or 
process  issued  by  the  police  court  of  the  city  of  Grand  Rapids  or 
the  superior  court  of  said  city,  including  writs  of  subpoena  or  other 
process  in  criminal  or  quasi  criminal  proceedings  issued  by  said 
courts,'  in  the  same  manner  and  with  like  authority  as  the  sheriff  of 
the  county  of  Kent  may  serve  such  warrants,  process  or  orders  in 
any  part  of  the  state  of  Michigan.  Whenever  any  crime  shall  have 
been  committed  in  said  city  and  the  person  or  persons  accused  or 
suspected  of  being  guilty  of  a  felony  shall  flee  from  justice,  the  said 
police  officers  or  members  of  the  police  force  of  the  city  of  Grand 
Rapids  shall  have  power,  and  it  shall  be  their  duty  to  pursue  and 
arrest  such  accused  or  suspected  person  or  persons  anywhere  within 
the  state  of  Michigan,  and  return  them  to  the  proper  court  having 
jurisdiction   of  the  offense,  for  examination   or  trial. 

(Sec.  313.)  Par.  9.  The  chief  of  police,  police  officers  and  police 
constables  of  said  city  in  addition  to  the  powers,  duties  and  authority 
possessed  by  them  at  common  law  and  the  laws  of  this  state  and  the 
authority  conferred  in  the  preceding  section,  in  matters  of  a  criminal 
nature,  shall  have  power  to  arrest  without  process  all  persons  who 
shall  in  the  presence  of  the  arresting  officer  be  engaged  in  the  vio- 
lation of  any  law  or  ordinance,  and  such  persons  may  be  detained 
in  custody  until  complaint  can  be  made  and  process  issue  for  their 
arrest  and  trial;  and  it  shall  be  the  duty  of  such  officer  to  make  such 
complaint  and  procure  such  process  in  the  proper  court  as  speedily 
as  possible  after  such  arrest. 

UISMISSAT.   OF  MEMBERS   OF   POLICE   FORCE,   ETC. 

(Sec.  314.)  Par.  10.  The  said  Board  of  Police  and  Fire  Commis- 
sioners may  whenever  it  shall  seem  to  them  in  the  interests  of  the  ser- 
vice of  the  city,  dismiss  the  chief  6f  police  for  reasons  hereinbefore 
provided,  and  may  dismiss  any  other  officer  or  member  of  the  police 
force  or  watchman  with  or  without  charges  or  trial,  and  no  such 
dismissed  person  shall  be  entitled  to  any  compensation  after  such 
dismissal,  and  such  board  may  at  pleasure  change  any  member  of 
said  police  department  from  one  grade  of  service  to  another,  and 
change  the  annount  of  compensation  of  any  member  of  the  depart- 
ment at  any  time,  and  suspend  any  member  of  the  department  with 
loss  of  pay  for  such  time  as  it  may  fix. 

RULES     AND     RE(;FL.4TI0NS     FOR     (JOVERNMENT     .\ND     DISCIPLINE     OF 
POLICE   DEPARTMENT. 

(Sec.  315.)  Par.  11.  Said  board  shall  have  power  and  it  shall 
be  its  duty  to  make  all  such  rules  and  regulations  for  the  government 

96 


and  discipline  of  said  police  department  as  it  may  deem  best  cal- 
culated to  secure  thoroughness  and  efficiency.  It  shall  prescribe 
suitable  uniforms  and  badges  for  the  several  members  of  the  depart- 
ment, and  establish  proper  regulations  for  the  care  and  management 
of  such  police  stations  as  may  be  provided  by  the  Common  Council  for 
the  accommodation  of  the  police  force  for  the  lodging  of  vagrants  and 
disorderly  persons  and  for  the  temporary  detention  of  persons  ar- 
rested for  offenses.  It  shall  purchase  all  supplies  and  materials 
needed  for  the  use  of  the  department.  It  may  adopt  such  system  of 
reports  from  the  members  of  the  force  to  the  chief  and  from  the  chief 
to  the  board  as  it  shall  find  desirable,  and  may  in  its  discretion  re- 
quire a  bond  to  the  city  from  the  chief  or  any  member  of  the  depart- 
ment as  security  for  the  proper  performance  of  his  duties.  It  shall 
prescribe  the  duties  of  the  chief  of  police  and  of  all  regular  and  special 
police  constables,  and  shall  provide  for  the  preservation  of  the  public 
peace,  the  prevention  of  crime,  the  arrest  of  all  offenders  against  the 
peace  and  good  order  of  the  city,  and  of  all  persons  violating  tlie 
ordinances  of  said  city  or  the  laws  of  the  state.  It  shall  provide  for 
the  protection  of  the  rights  of  all  persons  and  property,  for  the 
preservation  of  order  at  fires  and  at  all  railroad  depots  and  steam- 
boat landings,  and  shall  cause  the  enforcement  of  all  the  ordinances 
of  the  city  and  the  laws  of  the  state.  It  shall  be  the  duty  of  said  board 
at  all  times  whenever  consistent  with  the  regulations  of  the  board 
and  the  provisions  of  this  act,  to  furnish  all  information  desired  and 
comply  with  all  requirements  made  by  the  Common  Council  of  said 
city  or  the  mayor  thereof. 


FIRE   DEP.4KTMEXT— CARE   AND   CONTROL,   OF. 

fSec.  316.)  Par.  12.  The  Board  of  Police  and  Fire  Commission- 
ers shall  have  the  keeping  and  custody  of  all  engine  houses,  fire  en- 
gines and  apparatus,  horses,  hose,  implements,  tools,  bells,  bell- 
towers,  fire  alarm  telegraph  and  all  other  property  of  whatever  nature 
connected  with  the  management  of  the  fire  department.  The  com- 
plete care  and  control  of  the  fire  department  shall  be  vested  in  said 
board,  and  it  shall  be  its  duty  to  maintain  said  department  and  keep 
the  same  in  good  order,  and  to  preserve  all  rules  and  regulations  for 
the  government  of  the  tame,  and  niay  prescnbs;  rtasonable  md  legal 
fin2s  and  penalties  for  ihe  breach  of  any  of  such  rules  or  regulations 
on  the  part  of  its  employees  or  appointees. 


APPOINTMENT  OF  FIRE  MARSHAL,  ASSISTANTS  AND  EMPLOYES— 
RULES    AND   REGULATIONS    TO   BE    PUBLISHED. 

(Sec.  317.)  Par.  13.  Said  board  shall  appoint  one  fire  marshal 
to  hold  his  position  during  good  behavior  and  efficient  service,  to  be 
removed  only  for  sufficient  cause  by  a  majority  A'Ote  of  the  members 
of  said  board.  It  may  appoint  as  many  assistant  marshals  as  it 
may  deem  necessary  hod  a  proper  number  of  firemen,  hook  and  ladder 
men,  fire  wardens  and  other  employes,  all  to  have  the  privileges  and 
exemptions  of  firemen  and  to  hold  their  appointments  during  the 
pleasure  of  said  board.  Said  board  shall  from  time  to  time,  as  it"  maj' 
deem  proper,  prescribe  and  publish  in  convenient  form  for  use  a 
system  of  rules  and  regulations  for  the  government  of  the  fire  de- 
partment. All  persons  appointed  by  said  board  under  the  provisions 
of  this  section  shall  be  citizens  of  the  United  States  and  continuous 
residents  of  the  city  of  Grand  Rapids  for  at  least  three  months  next 
preceding   such   appointment. 

97 


SAIvARIES    OF    FIRE    MARSHAL,    AND    E3IPI^OYES— BOND    OF    FIRE    MAR- 

SH.AL — BOARD  TO  HAVE  POWER  TO  PURCHASE  FIRE  ENGINES, 

APPARATUS,   ETC.,    AND   TO   REPAIR  ENGINE   HOUSES, 

BUT  NOT  TO   PURCHASE   REAL  ESTATE. 

(Sec.  318.)  Par.  14.  Said  board  shall  fix  the  salary  of  the  fire 
marshal  and  other  persons  connected  with  the  fire  department  of  the 
city  and  may  require  the  fire  marshal  to  execut'e  a  bond  to  said 
city  conditioned  as  required  in  this  act,  and  in  such  sum  as  it  may 
deem  best  to  secure  the  faithful  performance  of  his  duties.  Said 
board  shall  have  power  to  purchase  all  fire  engines  with  their  hose 
and  apparatus,  horses,  hose  carts,  ladders,  trucks,  fire  hooks,  fire 
buckets  and  other  tools,  implements  and  conveniences  for  the  extin- 
guishment of  fires  and  to  prevent  injuries  by  fires,  as  may  from  time 
t(i  time  be  necessary,  and  repair  or  replace  the  same.  It  shall  have 
power  to  make  all  needed  repairs  to  any  of  the  engine  houses  now 
built  in  said  city,  but  it  shall  not  have  power  to  purchase  real  estate. 

CONSTRUCTION    OF    ENGINE     HOUSES— LOCATION    OF    SITES— FIRE    DIS- 
TRICTS—INSPECTION OF  BUILDINGS— CONTROL  CISTERNS  AND 
HYDRANTS— FIRE   ALARM   TELEGRAPH. 

(Sec.  319.)  Par.  15.  Said  Board  of  Police  and  Fire  Commis- 
sioners shall  control  and  manage  the  construction  of  engine  houses 
in  the  city  of  Grand  Rapids,  and  have  the  right  to  make  contracts 
therefor  in  the  name  of  the  city,  subject,  however,  to  be  approved 
by  the  Common  Council  of  the  city,  and  power  to  locate  sites  for 
engine  houses  and  police  stations;  to  organize  said  city  into  as  many 
fire  districts  as  it  may  deem  necessary;  to  prescribe  rules  for  the 
inspection  of  buildings  by  fire  wardens  and  prescribe  the  duties  of 
fire  wardens;  to  control  the  cisterns  and  hydrants  in  use  by  said 
fire  department;  to  direct  the  manner  in  which  the  bells  of  the  city 
shall  be  tolled  or  rung  in  case  of  fire  or  fire  alarms,  and  to  establish 
and  maintain  a  system  of  fire  alarm  telegraph,  and  such  other  tele- 
graphic or  telephonic  apparatus  as  may  be  necessary  to  secure  the 
highest   efiiciency  of  the  fire  department. 

FIRE  MARSHAL  TO  HAVE  GENERAL  SUPERINTENDENCE  OF  FIRE  AP- 
PARATUS AND  FIRE  DEPARTMENT  EMPLOYES. 

(Sec.  320.)  Par.  16.  The  fire  marshal  under  the  direction  of  the 
board  shall  have  the  custody  and  general  superintendence  of  the  fire 
engines,  engine  houses,  hooks,  ladders,  hose,  horses,  public  cisterns, 
hydrants  and  other  property  and  conveniences  for  the  extinguishment 
and  prevention  of  fires;  and  it  shall  be  his  duty  to  see  that  the  same 
are  kept  in  order,  and  to  see  that  the  rules,  regulations  and  ordin- 
ances relative  to  the  fire  department  and  to  the  prevention  and  ex- 
tinguishment of  fires  are  duly  executed,  and  to  make  detailed  and 
particular  reports  of  the  state  of  the  department,  the  conduct  of  the 
members  thereof,  and  such  other  matters  as  may  be  required  by  the 
rules  and  regulations,  to  the  said  Board  of  Police  and  Fire  Commis- 
sioners. 

DUTIES  OF  FIRE  MARSHAL  AND  ASSISTANTS  AT  FIRES— REPORTS  FROM 
FIRE  MARSHAL— SENDING   FIRE  ENGINES   OUT   OF  TOWN. 

(Sec.  321.)  Par.  17.  Said  board  shall  prescribe  the  duties  of  the 
fire  marshal  and  other  members  of  the  fire  department  at  fires  and 
may  vest  in  them  such  powers  as  shall  be  deemed  necessary  to  pre- 
serve property  from  being  stolen,  and  to  extinguish  and  prevent  fires; 
but  in  no  case  shall  any  member  of  said  board  or  any  officer  .of  the  city 


control  or  direct  the  fire  marshal  or  assistant  during  any  fire.  It  may 
by  rule  provide  for  the  removal  and  keeping  away  from  fires  of  all 
idle,  disorderly  or  suspicious  persons,  and  may  confer  powers  for  that 
purpose  upon  the  marshals,  fire  wardens  or  other  officers  of  the  city. 
It  shall  require  reports  from  the  fire  marshal  or  other  officers  in 
charge  of  the  department  of  all  fires,  fire  alarms,  losses  and  insurance 
on  all  property  destroyed,  and  keep  proper  record  thereof,  and  shall 
report  the  same  monthly  to  the  Common  Council  of  said  city.  And 
it  shall  be  competent  for  said  board  at  any  time  if  in  its  best  judg- 
ment it  seems  proper,  to  send  any  steam  or  fire  engine  with  hose  and 
apparatus  to  the  relief  of  any  community  in  the  vicinity  of  said  city. 

DESTRUCTION    OF    HAZARDOUS    BUILDINGS    IN    CASE    OF    FIRE- 
DAMAGES  FOR. 

(Sec.  322.)  Par.  18.  Whenever  any  building  in  the  city  shall  be 
on  fire  it  shall  be  lawful  for  any  fire  marshal  in  charge  at  such  fire, 
with  the  consent  of  the  Board  of  Police  and  Fire  Commissioners,  to 
order  such  building  or  any  part  thereof,  or  any  other  building  or  any 
part  thereof,  not  on  fire,  but  which  they  may  deem  hazardous  and 
likely  to  communicate  fire  to  other  buildings,  to  be  pulled  down  and 
destroyed.  In  such  case  no  action  shall  be  maintained  against  any 
person  or  the  city  therefor.  -If  any  person  pecuniarily  interested  in 
any  such  building  destroyed  shall  consider  that  he  has  a  claim  against 
the  city  for  the  destruction  of  such  building  he  shall,  within  three 
months  thereafter,  apply  to  the  Common  Council  to  assess  and  pay 
his   damages. 

TFWE    AND    MANNER    OF    FILING    SUCH    CLAIJI    FOR    DAMAGE. 

(Sec.  .'^23.)  Par.  19.  Such  application  shall  be  made  in  writing, 
signed  and  sworn  to  by  the  claimant  and  shall  contain  a  statement 
of  the  amount  claimed  in  detail,  with  the  names  of  the  witnesses  by 
whom  he  propeses  to  establish  his  claim,  and  the  provisions  of  this 
act  applying  to  the  filing  of  claims  against  the  city  of  Grand  Rapids 
for  damages,  and  the  proceedings  to  be  taken  thereon  to  determine 
the  validity'  of  such  claims',  shall  be  deemed  applicable  to  such  claim 
or  claims.  Said  application  shall  be  filed  in  the  office  of  the  city 
clerk  who  shall  endorse  on  the  back  thereof  the  date  of  receipt  and 
filing.  Within  three  months  after  the  filing  of  said  claim  the  Com- 
mon Council  shall  either  pay  the  amount  it  and  the  claimant  shall 
have  agreed  upon  for  damages,  or  if  no  such  agreement  shall  have 
been  efifected,  the  Conimon  Council  shall  proceed  to  determine  the 
amount  of  such  damages,  if  any,  or  reject  such  claim. 

IN    CASE    OF    SUIT    TO    RECOVER   DAMAGES. 

(Sec.  324.)  Par.  20.  If  the  Common  Council  shall  reject  any 
claim  presented  under  the  preceding  section,  the  claimant  may  within  three 
months  thereafter,  or  within  six  months  from  the  time  of  filing  said 
claim,  bring  suit  in  the  proper  court  against  the  city  of  Grand  Rap- 
ids to  recover  his  damages  thereon,  and  in  the  trial  of  the  issue  made 
upon  any  such  claim  the  court  or  jury  shall  take  into  account  the 
probability  of  the  building  having  been  destroyed  or  injured  by  fire  if 
it  had  not  been  so  pulled  down,  and  may  decide  that  no  damage  should 
be  allowed  to  such  person:  but  if  the  judgment  or  verdict  shall  be 
against  the  city,  then  the  amount  thereof  shall  be  paid  by  the  city  from 
its  general  fund  to  such  claimant,  either  party  to  such  issue  having 
the  right  to  appeal  to  the  Supreme  court. 

99 


ENIORCEMEXT    OF    ORDINANCES    AND    LAWS    REGARDINt;    PREVENTION 
AND  EXTINGUISHMENT   OE  FIRES. 

(Sec.  325.)  Par.  21.  Said  board  shall  see  that  all  ordinances  and 
regulations  of  the  Common  Council  and  all  provisions  of  this  act 
relating  to  the  fire  department  and  to  the  prevention  and  extinguish- 
ment of  fires,  and  all  the  provisions  of  the  general  laws  of  the  state 
relating  thereto,  are  faithfull}'  enforced,  and  it  may  at  all  times  call 
upon  and  direct  the  police   force  to  enforce  the  same. 

ESTHIATE    OF    EXPENSE    OF    MAINTAINING    POLICE    AND    FIRE 
DEPARTMENTS. 

(Sec.  326.)  Par.  22.  It  shall  be  the  duty  of  said  board  to  pre- 
pare and  submit  to  the  Common  Council  for  its  ratification  or  amend- 
ment on  or  before  the  first  day  of  April  in  each  j'ear,  estimates  of 
the  whole  expense  of  maintaining  the  police  and  fire  departments  of 
the  city  for  the  ensuing  year  from  the  first  day  of  July,  in  accordance 
with  the  provisions  of  this  title.  Such  estimates  shall  be  separate  for 
the  two  departments  and  shall  specify  in  detail  the  objects  of  the 
expenditures,  the  sum  desired  for  each,  and  any  special  reasons  the 
board  ma3^  have  for  desiring  the  same.  The  amount  of  money  for 
each  department  which  the  Common  Council  shall  determine  by  resi- 
lution  to  be  necessary,  shall  be  certified  by  the  city  clerk  to  the  board 
of  assessors  and  also  to  the  city  comptroller,  with  the  other  amounts 
determined  to  be  raised  by  tax  for  city,  highway,  sewer  and  other 
purposes   in   accordance  with   the  provisions  of  this   act. 

NO    INDEBTEDNESS    TO    BE    INCURRED    THAT    IS    NOT   PROVIDED    FOR    IN 
SUCH  ESTIMATE. 

(Sec.  2)2'/^)  Par.  23.  Said  board  shall  not  incur  any  indebtedness 
nor  enter  into  any  contract  requiring  the  payment  of  money,  unless 
such  indebtedness  or  such  contract  is  provided  for  in  the  said  de- 
tailed annual  estimate  required  in  the  preceding  section,  unless 
special!}^  authorized  so  to  do  by  a  majority  of  all  the  aldermen  elect 
of   the    Common    Council. 

COMPENS.VTION  TO  MEMBERS   OF   POLICE   AND   FIRE  DEPARTMENTS   FOR 
INJURIES  INCURRED   WHILE   IN   DISCHARGE   OF  DUTIES. 

(Sec.  328.)  Par.  24.  Said  board  shall  have  power  to  allow  com- 
pensation to  members  of  the  police  and  fire  departments  for  lost  time 
occassioned  by  injuries  incurred  while  in  the  discharge  of  duties:  Pro- 
vided, That  such  compensation  shall  not  exceed  two-thirds  of  the 
regular  pay  of  such  disabled  member  and  shall  not  continue  beyond 
sixty  days.  The  Common  Council  may  upon  the  recommendation  of 
said  board  provide  suitable  compensation  for  any  injury  or  injuries 
that  any  fireman  or  member  of  the  fire  department  may  have  received 
in  his  person  or  property  resulting  from  the  performance  of  his 
duty  as  a  fireman  or  member  of  the  fire  department,  such  compensa- 
tion to  be  paid  from  the  general  or  contingent  fund  of  the  city. 

PENSIONS    TO    DISABLED    POLICEMEN    AND    FIREMEN. 

(Sec.  329.)  Par.  25.  Any  person  who  has  been  a  member  of  the 
police  or  fire  departments  of  the  city  of  Grand  Rapids  so  that  his 
combined  service  in  either  or  both  of  said  departments  shall  have 
been  for  a  period  of  twenty  years  subsequent  to  the  first  day  of 
June,  1875,  or  who  has  been  employed  by  the  Board  of  Police  and 
Fire    Commissioners    of    the    city    of    Grand    Rapids    for    a    period    of 


twenty  years  subsequent  to  the  first  day  of  June,  1875,  may  be  placed 
on  the  list  of  retired  policemen  and  firemen  on  account  of  disability 
arising  from  injuries  received  or  sickness  occasioned  by  exposure 
while  in  the  active  discharge  of  his  duties,  by  a  vote  of  four-fifths 
of  said  commissioners:  Provided,  That  it  shall  require  a  certificate 
of  such  disability  signed  by  the  city  physician  and  two  other  physi- 
cians and  surgeons  selected  by  the  Common  Council  of  said  city. 
Any  person  in  the  employment  of  said  Board  of  Police  and  Fire  Com- 
missioners who  may  hereafter  be  totally  disabled  from  any  further 
duty  while  in  the  discharge  of  his  duty  as  such  policeman  or  such 
fireman  may,  in  like  manner,  be  placed  on  the  list  of  retired  policemen 
and  firemen;  and  all  such  retired  policemen  and  firemen  shall  receive 
annually  thereafter  a  sum  equal  to  one-half  of  the  amount  paid  to 
full  paid  firemen  and  policemen  filling  a  like  position  at  the  time  of 
their  retirement,  to  be  paid  in  twelve  monthly  payments  during  the 
remainder  of  their  natural  lives,  such  moneys  to  be  collected  and 
paid  as  hereinafter  stated:  Provided,  however,  That  no  person  so 
retired  shall  receive  more  than  four  hundred  and  fifty  dollars  per 
annum:  And,  provided,  further.  That  said  Board  of  Police  and  Fire 
Commissioners  may  place  on  the  list  of  such  persons  any  person 
who  may  have  become  totally  disabled  while  in  the  employment  of 
said  board  prior  to  the  passage  of  this  act. 

PENSIONS  FOR  WIDOW  AND  CHILDREN  OR  PARENTS  IN  CASE  EMPLOYE 
IS    KILLED   WHILE   IN    DISCHARGE    OF   DUTY. 

(Sec  .s.'o. )  Par.  26.  In  case  any  person  in  the  employ  of  the 
Board  of  Police  and  Fire  Commissioners  of  the  city  of  Grand  Rapids 
shall  be  killed  while  in  the  discharge  of  his  duty,  or  receive  injuries 
whioli  shall  result  in  his  death  within  one  year  thereafter,  the  wife  or 
children,  or  if  there  be  no  wife  or  children,  the  dependent  parent  or 
parents  of  such  person  shall  by  a  vote  of  four-fifths  of  said  Board  of 
Police  and  Fire  Commissioners,  be  paid  a  pension  for  a  period  of  five 
years;  the  wife  shall  receive  the  sum  of  one  hundred  dollars  an- 
nuall)%  in  twelve  monthly  installments  of  eight  and  thirty-three  one- 
hundredths  dollars  each  and  during  the  term  of  five  years  or  until 
she  remarries  or  dies,  in  which  case  all  payment  of  moneys  under 
this  act  to  such  widow  shall  cease,  but  shall  be  paid  to  such  children 
as  shall  be  under  the  age  of  sixteen  years  at  the  time  of  the  remar- 
riage or  death  of  the  widow,  the  money  to  be  equally  divided  among 
such  children;  such  child  or  children  shall  receive  in  equal  payments 
according  to  the  number  of  such  children  the  same  amount  as  would 
have  been  paid  the  widow;  such  payments  to  be  made  monthly  as 
hereinafter  provided  and  continue  until  such  child  or  children  shall 
have  attained  the  age  of  sixteen  years,  unless  they  die  before  reach- 
ing that  age,  but  not  for  a  longer  period  than  five  years  or  if  there 
shall  be  no  widow  or  children,  then  the  dependent  parent  or  parents 
may  receive  the  same  benefits  as  are  provided  in  this  title  for  the 
widow.  The  moneys  for  the  payment  of  such  pensions  shall  be  col- 
lected  and   paid   in   the   manner   hereinafter   provided. 

N.4MES  PLACED  ON  RETIRED  LIST  TO  BE  REPORTED  TO  COMPTROLLER. 

(Sec.  S3^)  Par.- 27.  Whenever  any  person  is  placed  on  the  re- 
tired list  as  provided  in  this  title,  it  shall  be  the  duty  of  the  Board 
of  Police  and  Fire  Commissioners  to  promptly  report  its  action  to 
the  comptroller  of  the  city  giving  the  names  of  the  persons  retired, 
together  with  a  full  statement  of  the  facts  connected  with  such  per- 
son  or  persons.     It   shall   be  the  duty  of  the'  comptroller   to  register 


tlie  name  of  such  person  as  being  a  retired  policeman  or  fireman  of 
the  police  or  fire  department  of  the  city  of  Grand  Rapids,  as  the  case 
may  be,  and  as  hereinafter  provided  audit  the  claims  due  them  under 
this  title. 

lAST,     HISTOKV    AXD    EVIDENCE    OF    PENSIONERS    TO    BE    KEPT    BY 
SECRETARY  OF  BOARD. 

(Sec.  3:^2.)  Par.  28.  There  shall  be  kept  in  the  office  of  the  Board 
of  Police  and  Fire  Commissioners  by  the  secretary  of  the  board,  a 
book  to  be  known  as  the  "List  of  Retired  Policemen  and  Firemen," 
which  shall  give  a  full  and  complete  history  and  record  of  the  action 
of  said  board  in  retiring  any  and  all  persons  under  this  title,  their 
names,  date  of  joining  the  department,  date  of  retirement  and  the 
reason  therefor  of  any  and  all  persons  retired.  When  the  widow,  or 
children,  or  parent  or  parents,  or  either  of  them,  shall  be  entitled  to  a 
pension,  as  herein  provided,  such  widow'  or  children  or  parent  or 
parents  shall  make  application  for  a  pension  to  the  Board  of  Police 
and  Fire  Comimissioners  through  the  secretary  of  such  board  on  a 
form  to  be  provided  by  such  board.  Accompanying  such  applica- 
tion shall  be  the  proof  of  the  marriage  of  the  deceased  with  the 
widow  of  the  claimant  to  be  established  by  the  marriage  certificate 
or  other  competent  evidence  of  the  marriage  relation.  Proof  of  the 
birth  of  the  children  shall  be  shown  by  the  certificate  of  the  attend- 
ing physician  or  other  competent  evidence,  or  in  the  case  of  the 
paVent  or  parents  satisfactory  proof  of  the  parentage  shall  be  shown. 
All  applications  and  proofs  shall  be  retained  in  the  custody  of  the 
Board  of  Police  and  Fire  Commissioners,  and  whenever  such  appli- 
cations for  pensions  are  allowed  by  the  board,  due  notice  of  such 
action,  with  the  names  of  all  pensioners,  shall  be  given  to  the 
comptroller  who  shall  cause  the  names  of  such  persons  to  be  regis- 
tered in  his  office  as  pensioners  of  the  police  and  fire  departments  of 
the  city  of  Grand  Rapids. 

COMPTROLLER    TO    SUBMIT    ESTIMATES    OF    MONEY    NECESSARY    TO    PAY 
SUCH  PENSIONS— \^TIEN  TRANSFERS  MAY  BE  MADE. 

(Sec.  333)  Par.  29.  On  or  before  the  first  day  of  April  in  each 
year  the  comptroller  shall  submit  to  the  Common  Council  his  esti- 
mate of  the  amount  of  money  necessary  to  pay  such  retired  police- 
men, firemen  and  pensioners  entitled  to  moneys  under  this  title  for 
the  following  fiscal  year,  and  the  Common  Council  shall  appropriate 
and  cause  to  be  levied  and  collected  by  taxation  such  sum  of  money 
as  shall  be  required  to  make  the  payments  provided  for  by  this  title. 
It  is  further  provided  that  in  the  second  and  all  subsequent  esti- 
mates the  comptroller  shall  include  a  sum  equal  to  the  amount  of 
unpaid  'taxes  charged  back  to  the  fund  provided  by  this  title  at  the 
end  of  the  preceding  fiscal  year.  All  moneys  collected  under  this 
title  shall  be  placed  to  the  credit  of  the  "Police  and  Fire  Department 
Retired  and  Pension  Fund,"  and  if  at  any  time  the  cash  balance  shall 
not  be  sufficient  to  pay  matured  claims,  the  Common  Council  is 
authorized  to  transfer  from  the  contingent  fund  of  said  city  such 
further  sum  as  may  be  necessary:  Provided.  That  such  amount  so 
transferred  shall  not  exceed  the  amount  of  the  uncollected  appro- 
priation. 

TIME    AND    M.ANNER    OF    P.WING    PENSIONS. 

(Sec.  334.)  Par.  30.  The  Board  of  Police  and  Fire  Commis- 
sioners at  "the  last  meeting  in  each  month  shall  order  the  payment 
of   moneys   due   all   persons   under  this   title,   and   a  voucher   shall   be 


prepared  for  each  person  so  entitled  to  monej's.  the  correctness  of 
the  same  to  be  duh-  certified  bj^  the  chairman  of  the  finance  com- 
mittee of  said  board,  and  the  fact  of  the  aHowance  of  the  claim  duly 
attested  by  its  president.  The  secretary  of  said  board  shall  transmit 
such  vouchers  to  the  comptroller  of  said  city,  and  it  shall  thereupon 
be  the  duty  of  said  comptroller  to  include  the  same  in  his  next  report 
to  the  Common  Council  in  the  same  manner  as  other  claims  against 
said  city  are  audited  and  reported  by  himi  to  said  Common  Council, 
the  same  when  allowed  to  be  paid  from  and  charged  to  the  said 
"Police   and    Fire   Department    Retired   and    Pension    Fund." 

(Sec.  335)  Par.  31.  Before  issuing  any  voucher  for  the  pay- 
ment of  a  pension  it  shall  be  the  duty  of  the  secretary  of  the  Board 
of  Police  and  Fire  Commissioners  to  examine,  under  oath,  all  pen- 
sioners, to  ascertain  if  they  are  at  the  time  entitled  to  a  pension  as 
provided  for  in  this  title,  and  whenever  the  secretary  shall  learn  any 
person  has  ceased  to  be  entitled  to  a  pension  he  shall  record  the 
fact  on  the  roll  of  pensioners  and  notify  the  comptroller  of  such 
disability,  and  thereupon  such  person  shall  be  dropped  from  the  said 
rolls:  Provided,  That  the  said  board  of  commissioners  may  by  a 
vote  of  four-fifths  of  the  members  thereof,  discontinue  the  pension 
and  strike  from  the  list  the  name  of  any  retired  policeman  or  fire- 
man, or  parent  or  parents,  and  after  such  action  has  been  taken  by 
said  board,  such  pension  shall  cease  to  be  audited  by  the  comp- 
troller. 


103 


TITLE  X. 
BOARD  OF  HEALTH  AND  POOR  COMMISSIONERS. 


APrOINTJlKXT  OF  COMMISSIONERS  AND  TERM  OF  OFFICE. 

(Sec.  340.)  Par.  i.  There  shall  be  a  Board  of  Health  and  Poor 
Commissioners  appointed  by  the  Mayor,  whose  terms  of  office  shall 
be,  except  as  herein  otherwise  provided,  five  years  each.  Not  more 
than  three  members  shall  be  selected  from  any  one  political  party.  The 
members  of  the  Board  of  Health  and  of  the  Board  of  Poor  Commis- 
sioners in  office  under  the  charter  in  force  prior  to  the  taking  efifect 
of  this  act,  shall  be  members  of  this  board,  and  if  there  are  more  than 
five  members  of  such  boards  in  office  at  the  time  this  act  goes  into 
efifect,  they  shall  all  constitute  the  board  created  by  this  act  until  the 
terms  of  certain  members  shall  have  expired  so  as  to  reduce  the  num- 
ber to  five.  The  first  appointments  made  hereunder  shall  be  of  such 
a  number  and  for  such  length  of  terms  as  will  as  near  as  practicable 
create  a  board  whose  members  shall  hold  for  one,  two,  three,  four 
and  five  years,  so  that  the  term  of  one  memiber  will  expire  in  each  year, 
and  on  the  first  Monday  of  May.  The  appointments  shall  be  so  made 
that  not  more  than  three  members  of  any  one  political  party  shall 
be  members  at  any  one  time.  One  member  at  least  of  such  board 
shall  be  a  practicing  physician  and  graduate  of  some  legally  author- 
ized medical  college  of  this  state  or  of  one  of  the  United  States,  or  of 
any  other  country. 

POWERS  AND  DUTIES  OF  BOARD. 

(Sec.  341.)  Par.  2.  The  Board  of  Health  and  Poor  Commission- 
ers as  thus  constituted  shall  have  all  the  authority  that  is  conferred 
upon  boards  of  health  by  the  general  laws  of  this  state,  not  repugnant 
to  the  provisions  of  this, title,  in  addition  to  the  special  powers  vested 
in  said  board  by  this  title,  and  said  board  shall  be  vested  with  the 
entire  charge  and  care  of  poor  persons  entitled  to  relief  in  the  city 
of  Grand  Rapids,  and  shall  have  the  same  powers  and  authority  as 
supervisors  acting  as  directors  of  the  poor  in  townships  of  the  state 
where  the  poor  are  cared  for  under  what  is  known  as  the  township 
system,  and  be  subject  to  the  same  duties  and  liabilities  as  directors 
of  the  poor  in  that  regard:  Provided,  that  said  board  may  adopt  such 
plan  and  system  in  the  administration  of  the  poor  laws  in  the  city  of 
Grand  Rapids  as  it  may  deem  adapted  to  secure  the  greatest  efficiency 
in  the  care  and  relief  of  the  poor. 

HE.\L,TII    OFFICER. 

(Sec.  342.)  Par.  3.  It  shall  be  the  duty  of  said  board  to  appoint 
a  health  officer  who  shall  be  a  practicing  physician  and  graduate  of 
some  authorized  medical  college.  His  term  of  office  shall  be  two 
years.  Such  health  officer  may  be  removed  from  office  for  lack  of 
good  behavior  or  efficient  service  by  a  majority  vote  of  all  of  the  mem- 
bers  of   such   board.      He   shall   be   the   chief   executive   officer   of   the 


licalth  department,  and  of  the  poor  d.epartmcnt  unless  the  board  shall 
determine  to  make  its  secretary  superintendent  of  the  poor,  and 
receive  a,  salary  not  to  exceed  the  sum  of  two  thousand  dollars  per 
annum  to  be  fixed  by  said  board,  payable  monthly  out  of  the  general 
fund  of  the  city  in  the  same  manner  as  the  salaries  of  other  city  offi- 
cers are  paid.  He  shall  exercise  the  powers  and  perform  the  duties 
conferred  upon  him  by  the  provisions  of  this  title  and  the  general 
laws  of  this  state  in  regard  to  health  officers  not  inconsistent  with 
the  provisions  of  this  title,  and  he  shall  exercise  the  powers  and  per- 
form the  duties  not  inconsistent  with  the  general  laws  of  this  state 
that  shall  from  time  to  time  be  required  of  him  by  said  board,  and 
devote  his  entire  time  to  the-  duties  of  hi's  office. 

CITY    PHYSICIAN'. 

(Sec.  343.)  Par.  4.  The  said  Board  of  Health  and  Poor  Commis- 
sioners shall  appoint  a  city  physician.  His  term  of  -office  shall  be 
two  years.  He  n^ay  be  removed  by  a  majority  vote  of  said  board  for 
lack  of  good  behavior  or  insufficient  service.  Such  city  physician 
shall  be  a  practicing  physician  and  a  graduate  of  some  legally  author- 
ized medical  college  of  this  state  or  one  of  the  United  States,  or  some 
other  country,  whose  duty  it  shall  be  to  prescribe  for  and  treat  pro- 
fessionally the  poor  of  said  city  suffering  from  sickness,  disease  or 
injuries  of  any  kind,  and  who  shall  perform  such  services  as  may  be 
required  by  said  board  or  the  Common  Council.  Said  city  physician 
shall  receive  a  salary  of  not  to  exceed  one  thousand  eight  hundred 
dollars  per  annum  to  be  fixed  by  said  board,  payable  monthly  out  of 
the  general  fund  of  said  city  in  the  same  manner  as  the  salaries  of 
other  city  officers  are  payable;  and  the  said  board  by  and  with  the 
approval  of  the  Common  Council  may  provide  assistance  for  the  said 
city  physician  in  the  performance  of  his  duties  at  an  expense  not  to 
exceed  the  sum  of  one  thousand  d(^llars  in  any  one  year. 

FOOD    AND   3IILK   INSPECTOR. 

(Sec.  344)  Par.  5.  The  said  Board  of  Health  and  Poor  Com- 
missioners shall  upon  the  going  into  efifect  of  this  act  appoint  a  milk 
and  food  inspector  for  the  city  of  Grand  Rapids  at  a  salary  not  to 
exceed  the  sum  of  twelve  hundred  dollars  per  annimi.  His  term  of 
office  shall  be  two  years.  Such  inspector  may  be  removed  from  office 
for  lack  of  good  behavior  and  efficient  service,  by  a  majority  vote  of 
all  of  the  members  of  said  board.  He  shall  perform  such  duties  as  may 
be-  required  of  him  by  state  law,  the  ordinances  of  the  city  and  the 
rules  and  regulations  of  said  board.  He  shall  annually  in  the  month 
of  April  in  each  year  make  a  report  to  the  Common  Council  of  the 
City  of  Grand  Rapids  of  his  work  in  the  preceding  year,  and  shall 
report  to  said  Board  of  Health  and  Poor  Commissioners  as  often  as 
he  may  be  required  by  the  rules  and  regulations  of  said  board.  The 
Board  of  Health  and  Poor  Commissioners  may  provide  such  assistant 
or  assistants  as  may  be  required  by  said  inspector  in  the  performance 
of  his  duties,  and  provide  such  compensation  for  such  assistants  as 
may  be  approved  by  the  Common  Council  of  said  city. 

PLVMBINO    INSPECTOR. 

(Sec.  345)  Par.  6.  Said  Board  of  Health  and  Poor  Commis- 
sioners shall  also  upon  the  going  into  effect  of  this  act  appoint  a 
plumbing  inspector  for  the  city  of  Grand  Rapids  at  a  salary  not  to 
exceed  the  sum  of  thirteen  hundred  fifty  dollars  per  annum.  His 
term  of  office  shall   be  two  years.     Such  plumbing  inspector  may  be 


removed  from  office  for  lack  of  good  behavior  and  efficient  service 
by  a  majority  vote  of  all  of  the  members  of  said  board.  The  said 
plumbing  inspector  shall  perform  such  duties  in  the  inspection  of 
plumbing  as  may  be  required  by  the  ordinances  of  the  city  of  Grand 
Rapids  or  any  of  the  laws  of  the  state  applicable  thereto  not  incon- 
sistent with  the  provisions  of  this  title,  or  that  many  be  required  of 
him  by  the  rules  and  regulations  of  said  Board  of  Health  and  Poor 
Commissioners. 

HEALTH   OFFICER,   CITY   PHYSICIAN,    MILK    AND   PLUMBING   INSPECTOR, 

PRIOR    TO    TAKING    EFFE(  T    OF    THIS    ACT,    TO    CONTINUE 

UNTIL  THEIR  TERMS  OF  OFFICE  EXPIRE. 

(Sec.  346.)  Par.  7.  Provided.  That  the  health  officer,  the  city 
physician,  the  milk  and  food  inspector  and  plumbing  inspector  hold- 
ing such  positions  under  the  charter  of  the  city  of  Grand  Rapids  prior 
to  the  going  into  effect  of  this  act,  shall  continue  in  such  positions 
hereunder  until  the  expiration  of  the  terms  for  which  they  were  re- 
spectively appointed;  and  no  appointment  shall  be  made  by  this  board 
for  either  of  said  positions  until  the  expiration  of  the  terms  of  office 
of  the  said  several  officials,  unless  there  shall  be  a  vacancy  prior  to 
the   expiration   of   their   respective   terms   of   office. 

PRESIDENT   AND   SECRETARY   OF  BO.\RD — INSPECTORS— IN   CASE   SECRE- 
TARY  ACTS   AS   SUPERINTENDENT   OF  POOR. 

(Sec.  347.)  Par.  8.  The  said  Board  of  Health  and  Poor  Commis- 
sioners shall  in  the  month  of  May  in  each  year  elect  one  of  their 
niembers  president,  whose  duty  it  shall  be  to  preside  over  all  of  the 
meetings  of  said  board.  Said  board  shall  have  p'ower  to  appoint  a 
suitable  person  as  secretary  of  said  board  and  prescribe  his  duties  and 
fix  his  compensation  at  a  sum  not  to  exceed  fifteen  hundred  dollars 
per  annum,  to  b.e  paid  monthly  out  of  the  general  fund  of  the  city  in 
the  same  manner  as  the  salaries  of  the  officers  of  said  city  are  pay- 
able. The  board  may  constitute  and  appoint  him  superintendent  of 
the  poor,  in  which  case  the  health  officer  shall  not  exercise  any  author- 
ity over  the  poor  department,  but  .the  duties  of  the  superintendent  of 
the  poor,  in  which  case  the  health  ofticer  shall  not  exercise  any  author- 
formed  by  said  secretary.  His  term  of  office  shall-  be  two  years,  and  he 
ma}^  at  anj-  time  be  discharged  from  his  emplo}'ment  by  a  majority 
vote  of  all  of  the  members  of  said  board.  He  shall  devote  his  entire 
time  to  the  duties  of  his  employment.  It  shall  be  the  duty  of  the  sec- 
retary to  attend  all  meetings  of  said  Board  of  Health  and  Poor  Com- 
missioners and  keep  a  record  of  its  proceedings,  and  such  record,  or 
a  duly  certified  copy  of  the  same,  or  any  part  thereof,  shall  be  prima 
facie  evidence  of  the  facts  therein  contained  in  any  court  or  before 
any  officer.  Said  board  shall  also  have  power  to  employ  inspectors 
at  a  compensation  not  to  exceed  two  dollars  per  day,  in  connection 
with  the  sanitary  and  health  work  of  said  board,  and  report  such 
employment  and  the  terms  thereof  to  the  Common  Council  at  its  next 
regular  session.  And  such  assistance  to  the  Secretary  and  at  such 
salary  as   the   Common   Council   shall   decide. 

OFFICERS    OF    BOARD    AND   ITS    OFFICES. 

(Sec.  348.)  Par.  9.  Said  board  shall  have  offices  provided  for 
it  and  furnished  by  the  city,  which  shall  also  be  the  office  of  the  health 
officer,  of  the  city  physician,  of  the  milk  and  food  inspector  and  secre- 
tary of  said  board,  to  be  open  on  all  secular  days  during  business 
hours;  and  it  shall  be  the  duty  of  said  secretary  to  be  in  attendance 

106 


in  said  office  (luring  svich  time.  Said  lioard  shall  be  furnished  with 
all  necessary  stationery,  furniture  and  other  material  needful  for  the 
proper  discharge  of  its  duties. 

MEETINGS    OF   BOARD— NO    CO.MFENSATION    FOB    MEMBERS    OF    BOARD- 
EXPENSES   OF  BOARD   AND   ITS   OFFICERS- HOW   PAID. 

(Sec.  349.)  Par.  10.  Said  board  shall  meet  at  least  once  in  each 
week  at  its  office  and  as  much  oftener  as  may  be  necessary.  A  major- 
ity of  said  board  shall  constitute  a  quorum  for  the  transaction  of 
business.  Members  of  said  board  shall  serve  without  compensation. 
All  necessary  expenses  incurred  by  said  board  and  its  health  officer, 
city  physician,  milk  and  food  inspec,tor,  and  secretary,  in  the  discharge 
of  their  respective  duties  shall  be  proper  charges  against  the  city  and 
be  audited  and  paid  out  of  the  appropriate  funds  of  the  city  in  the  same 
manner  as  other  charges  against  the  city  are  audited  and  paid. 

CARE     AND    PREVENTION     OF    CONTAGIOUS     DISEASES— HOSPITAL,,     ETC. 
BOARD  MAY  ACT  SUMMARILY  IF  DEEMED  NECESSARY. 

(Sec.  350.)  Par.  11.  It  shall  be  the  duty  of  said  Board  of  Health 
and  Poor  Commissioners  to  take  effectual  nxeasures  to  prevent  the 
entrance  of  any  contagious,  pestilential  or  infectious  disease  into  the 
cit}';  to  stop,  detain  and  examine  for  such  purpose  everj^  person  com- 
ing from  any  place  whom  they  have  good  reason  to  believe  is  infected 
with  any  such  disease;  to  establish,  maintain  and  regulate  a  suitable 
hospital  at  some  place  within  the  city  or  not  exceeding  two  miles 
beyond  its  corporate  limits:  to  cause  any  person  who  may  be  infected 
with  any  contagious,  pestilential  or  infectious  disease  within  the  limits 
of  the  city  to  be  removed  to  the  hospital,  if  in  the  opinion  x)i  the  health 
officer  and  one  other  practicing  physician  in  good  standing,  together 
with  that  of  one  of  the  members  of  this  board,  such  removal  is  found 
necessary  for  the  preservation  of  the  public  health,  provided  that  the 
removal  can  be  made  with  safety  to  the  infected  person.  Said  Board 
of  Health  and  Poor  Commissioners  may  remove  or  cause  to  be  re- 
moved from  the  city  or  destroy  any  furniture,  wearing  apparel,  goods, 
wares,  merchandise  or  any  article  of  property  of  any  kind  which  it 
shall  have  good  reason  to  suspect  of  being  tainted  or  infected  with  any 
contagious,  pestilential  or  infectious  matter,  or  that  shall  be  likely  to 
pass  into  such  a  state  as  to  generate  or  propagate  disease,  upon  pay- 
ing for  the  same  as  hereinafter  provided:  to  abate  all  nuisances  of 
every  description  which  are  or  may  become  injurious  to  public  health 
in  any  manner  it  may  deem  expedient,  and  from  time  to  time  perform 
all  acts  and  make  all  regulations  which  it  may  deem  necessary  for 
the  preservation  of  the  public  health  and  the  suppression  of  disease  in 
the  city;  to  recommend  to  the  Common  Council  the  passage  of  such 
by-laws,  ordinances  or  regulations  as  it  shall  deem  expedient  for  the 
preservation  of  the  public  health  and  the  suppression  of  disease  in  the 
city;  Provided,  That  said  Board  of  Health  and  Poor  Commissioners 
may  act  summarily  and  proceed  independent  of  the  Common  Council 
of  the  city,  where  in  its  judgment  the  emergency  requires  it  in  the 
suppression  of  any  public  nuisance  and  the  enforcement  of  its  rules 
and   regulations   in   the   premises. 

EXPENSE   IN   ABATEMENT   OF  NUISANCES,   ETC. 

(Sec.  351.)  Par.  12.  Where  in  the  abatement  of  any  public  nuis- 
ance it  become-s  necessarj'  to  incur  expense  in  connection  therewith 
to  be  charged  up  against  the  property  on  which  the  nuisance  exists, 
the  Board  of  Health  and  Poor  Commissioners  may,  if  necessary,  act 

107 


in  the  first  instance  at  once,  and  abate  the  same;  and  if  it  shall  have  acted 
independent  of  the  Common  Council,  and  shall  immediately  report 
the  cost  and  expense  thereof  to  the  Common  Council,  to  the  end  that 
the  necessary  steps  may  be  taken  to  carry  such  expense  into  the 
proper  roll  to  be  enforced  against  the  real  estate  upon  which  the 
nuisance  is  located.  If  summary  action  shall  not  be  required  in  order 
to  protect  the  public  health  the  Board  of  Health  and  Poor  Commis- 
sioners shall  report  to  the  Common  Council  and  recommend  such 
action  to  it  as  it  deems  advisable  in  order  to  abate  the  nuisance,  and 
act  thereafter  in  such  case  upon  the  advice  and  directions  of  the  Com- 
mon  Council. 


BOARi)    .\XI)    OFFICERS    TO    H.WE    POLICE    POWER— PEN.ILTY. 

(Sec.  352.)  Par.  13.  The  members  of  the  Board  of  Health  and 
Poor  Commissioners,  the  health  officer,  city  physician,  milk  and  food 
inspector  and  plumbing  inspector  shall  have  full  police  power  in  mat- 
ters appertaining  or  belonging  to  their  respective  departments,  and 
it  shall  be  their  duty  to  arrest  all  persons  who  are,  in  their  sight, 
engaged  in  violating  any  of  the  by-laws,  ordinances  or  regulations 
of  the  city  in  relation  to  the  health  of  its  citizens.  Any  violation  of 
any  of  the  said  bj^-laws,  ordinances  or  regulations  as  aforesaid  shall  be 
deemed  a  misdemeanor  punishable  by  a  fine  or  imprisonment,  or  both, 
in  the  discretion  of  the  court,  the  fine  not  to  exceed  one  hundred 
dollars   and   the   imprisonment   not   to   exceed   90   days   in   the   jail    of 


Kent   County. 


REPORTS   OF  BOARI). 


(Sec.  3=,T,.)  Par.  14.  Said  Board  of  Health  and  Poor  Commis- 
sioners shall  report  annually  to  the  State  Board  of  Health  in  the  same 
manner  as  local  boards  of  health  are  now  or  shall  hereafter  be  re- 
quired by  law  to  report  to  said  State  Board  of  Health.  It  shall  make 
its  report  annually  on  or  before  the  first  day  of  April  in  each  year 
to  the  Common  Council  of  the  city  of  Grand  Rapids,  concerning  all 
sanitary  matters,  and  make  such  other  and  further  reports  to  the 
Common  Council  as  may  be  reqm'red  by  such  body  from  time  to 
time. 

IX  CASE  OF  DESTRUCTION  OF  PROPERTY— PAY  FOR,  ETC. 

(Sec.  354.)  Par.  15.  Whenever  said  Board  of  Health  and  Poor 
Commissioners  shall  remove  from  the  city  or  destroy  any  furniture, 
wearing  apparel,  goods,  wares,  merchandise  or  any  article  of  prop- 
erty of  any  kind  as  provided  for  in  this  title,  it  shall  immediately 
make  an  itemized  list  of  the  same  and  file  such  list  in  the  office  of  said 
board,  and  the  date  of  the  receipt  and  filing  of  the  same  shall  be 
endorsed  on  the  back  thereof  by  the  secretary  of  said  board.  Such 
board  shall  immediately  make  a  copy  of  such  list  and  file  the  same 
in  the  office  of  the  city  clerk  who  shall  endorse  on  the^  back  thereof 
the  date  of  the  receipt  and  the  filin'g  of  the  same.  Within  sixty  days 
after  the  filing  of  such  copy  in  the  office  of  the  city  clerk  as  afore- 
said, the  Common  Council  shall  determine  the  value  of  the  prop- 
ert3'  so  removed  from  the  city,  or  so  destroyed,  and  shall  cause  the 
value  of  the  same  as  determined  by  it  to  be  paid  out  of  the  general 
fund,  to  the  person  or  persons  entitled  to  such  property 


[08 


OWNERS     OF     PUBLIC     COXVEYANCES     TO     REPORT     AM.     PERSONS     AF- 

FEICTED    WITH    CONTAGIOUS    DISEASES    CARRIED    BY    THEM 

—PENALTY. 

(Sec.  355")  Par.  i6.  The  owner,  driver,  conductor  or  other  per- 
son in  charge  of  any  stage  coach,  railroad  car.  steamboat  or  other 
public  conveyance  which  shall  enter  the  city  having  on  board  any 
person  known  to  him  to  be  sick  of  any  malignant  fever  or  other 
contagious,  pestilential  or  infectious  disease,  shall  within  two  hours 
after  the  arrival  of  such  person,  report  in  writing  the  fact  to  the 
mayor  or  to  the  health  officer  of  said  board,  with  the  name  of  such 
person  and  the  house  or  place  where  he  was  put  down  in  the  city,  and 
every  neglect  to  comply  with  any  of  the  foregoing  provisions  shall 
be  deemed  a  misdemeanor  and  punishable  in  manner  and  form  as 
provided   in  paragraph   13  of  this   title. 

PENALTY  FOR  KNOWINGLY  BRINGING  ANY  INFECTED  PERSON  OR  PROP- 
ERTY' INTO   THE   CITY. 

(Sec.  3.s6.)  Par.  17.  Any  person  who  shall  knowingly  bring  or 
cause  to  be  brought  into  the  city  any  person  or  any  property  of  any 
kind  tainted  -or  infected  with  any  malignant  fever,  contagious,  pes- 
tilential, or  infectious  disease,  shall  be  deemed  guilty  of  a  misdemeanor 
and  puni.shable  in  manner  and  form  as  provided  in  paragraph  thirteen  of 
this  title. 

KEEPERS    OF    HOTELS,    ETC.,    AND    PHYSICIANS,    TO    REPORT    ALL    CON- 
TAGIOUS DISEASES. 

(Sec.  357.)  Par.  18.  Everj^  keeper  of  a  hotel,  lodging  house,  or 
boarding  house  in  the  city  who  shall  have  in  his  house  at  any  time 
any  person  sick  with  any  contagious,  pestilential  or  infectious  dis- 
ease, shall  report  such  fact  and  the  name  of  such  sick  person  in  wait- 
ing within  three  hours  after  such  fact  shall  have  come  to  his  knowl- 
edge to  the  mayor  or  to  the  said  Board  of  Health  and  Poor  Commis- 
sioners or  to  the  health  officer  thereof.  Every  physician  in  the  city  shall 
report  in  writing  to  the  health  officer  at  his  office  the  name,  resi- 
dence and  disease  of  every  patient  whom  he  shall  attend  professionally 
and  who  shall  be  sick  of  any  contagious,  pestilential  or  infectious  dis- 
ease within  six  hours  after  the  nature  of  such  disease  shall  have 
become  apparent  to  the  said  attending  physician.'  Any  violation  of 
any  of  the  provisions  of  this  section  shall  be  deemed  a  misdemeanor 
and  punishable  in  manner  and  form  as  provided  for  in  paragraph  thirteen  of 
this  title.  All  written  reports  made  to  the  health  officer  or  to  the 
Board  of  Health  and  Poor  Commissioners  shall  be  written  and  signed 
in  ink. 

CARE    OF    THE    POOR,    ETC. 

(Sec.  358.)  Par.  19.  The  said  Board  of  Health  and  Poor  Commis- 
sioners shall  have  power  and  it  shall  be  its  duty  to  employ  such  assist- 
ants as  may  be  necessary  to  look  .after  and  provide  for  the  indigent 
persons  of  the  city  of  Grand  Rapids  efficiently;  to  fix  their  compensa- 
tion and  prescribe  their  duties  in  such  matters  and  to  discharge  them 
at  will.  It  shall  have  power  to  make  all  necessary  rules  and  regula- 
tions for  the  government  of  the  work  of  the  board,  the  appointment  of 
its  officers  and  committees,  and  the  guidance  of  its  members  and 
employees  in  the  transaction  of  the  business  of  the  department  in  all 
its  details.  It  shall  provide -for  and  cause  to  be  m,ade  careful,  kindly, 
but  thorough  investigation  into  the  actual  circumstances  and  needs 
of  all  applicants  for  support  or  assistance,  so  as  to  discover  and  pro- 
log 


vide  for  all  who  are  worthy  and  entitled  to  relief,  and  reject  unworthy 
applications.  It  shall  have  the  power  when  deemed  wise  to  impose 
a  labor  test  on  persons  asking  for  assistance  from  the  city  requiring 
them  to  perform  such  labor  as  may  be  provided  in  return  and  com- 
pensation for  the  assistance  furnished  such  persons.  It  may  pur- 
chase such  supplies  as  in  its  judgment  may  be  necessary  for  the  proper 
performance  of  its  duties  hereunder.  Until  the  city  shall  procure  and 
maintain  a  hospital  of  its  own  said  board  shall  be  authorized  on  rea- 
sonable terms  to  place  dependent  poor  persons  who  have  been  dis- 
abled by  accident  or  who  are  sick  in  private  hospitals  for  surgical 
operations  or  medical  treatment  when  it  shall  deem  it  necessary. 

ESTIMATES   OF  COST   OF  HEALTH  AND   POOR  DEPARTMENTS   FOB  ENSU- 
ING  YEAR   TO   BE    FILED— CLAIMS   AND    ACCOUNTS,   HOW   PAID. 

(Sec.  359.)  Par.  20.  It  shall  be  the  duty  of  said  Board  of  Health 
and  Poor  Commissioners  to  prepare  and  submit  to  the  Common 
Council  of  said  city  for  ratification  or  amendment  on  or  before  the 
first  Monday  in  April  in  each  year  an  estimate  of  the  probable  cost 
and  expense  of  maintaining  the  work  of  said  board  as  a  board  of 
health  and  sanitation  for  the  ensuing  3^ear.  It  shall  also  prepare  and 
submit  at  the  same  time  a  separate  estimate  of  the  work  of  said 
board  in  connection  with  the  poor  department  thereoT  and  caring  for 
the  poor  of  said  city  for  the  ensuing  year  specifying  the  objects  of 
the  expenditures  in  detail,  and  the  sum  desired  for  each  with  the  rea- 
sons for  the  same  which  the  board  may  have.  The  amounts  of  money 
so  estimated  to  be  necessary,  or  such  amount  as  the  Common  Council 
shall  by  resolution  determine  to  be  necessary,  shall  be  certified  by 
the  city  clerk  of  said  city  to  the  comptroller,  with  other  sums  deter- 
mined to  be  raised  by  tax  in  accordasice  wnth  the  provisions  of  the 
charter  of  the  city,  and  the  sums  when  collected  and  paid  into  the  city 
treasury  shall  be  kept  as  separate  funds  to  be  known  as  the  "Health 
Fund,"  and  the  "Poor  Fund,"  to  be  expended  only  on  the  order  of  said 
board  for  the  purposes  authorized  by  the  estimate  and  resolution  of 
the  Common  Council  as  aforesaid.  Said  board  shall  not  be  authorized 
to  incur  any  indebtedness  nor  enter  into  any  contract  not  provided 
for  or  included  in  said  detailed  annual  estimate  for  such  fiscal  year, 
unless  specially  authorized  so  to  do  by  a  majority  vote  of  all  of  the 
members  elect  of  the  Common  Council  of  said  city.  All  accounts, 
claims  and  demand's  for  or  on  account  of  all  matters  in  charge  of  the 
Board  of  Health  and  Poor  Commissioners  shall  be  itemized  and  veri- 
fied and  when  allowed  by  the  board  shall  be  certified  to  the  comp- 
troller of  said  city,  who  shall  report  the  same  to  the  Common  Council 
for  payment  to  be  paid  from  the  fund  against  which  such  items  are 
properly  chargeable,  and  the  said  board  may  also  report  without  re- 
pommendation  to  the  comptroller  any  claim  or  demand  presented  to 
it.  the  validity  of  \,^hich  may  be  in  doubt. 

RECORD   OF  PERSONS   IN   COUNTY   POOR   HOUSE,   ETC. 

(Sec.  360.)  Par.  21.  The  said  Board  of  Health  and  Poor  Com- 
missioners shall  keep  a  careful  record  of  all  persons  admitted  to  the 
county  poor  house  on  the  order  of  the  board  and  of  the  time  they  are 
supported  therein  at  city  expense,  and  shall  have  the  right,  and  it  shall 
be  its  duty  to  examine  the  account  presented  by  the  superintendents 
of  the  poor  to  the  board  of  supervisors  of  Kent  county,  for  all  persons 
maintained  in  the  county  home  aforesaid  at  the  expense  of  the  city 
before  the  same  if,  allowed  and  ordered  spread  upon  the  tax  rolls  of 
the  city  by  said  board  of  supervisors. 


NO    SETTLEMENT   GIVEN    ANY   PERSON    IN    CITV    WHILE    SUPPORTED    BV 
THE    COUNTY   OR   ANY   TOWNSHIP. 

(Sec.  361.)  Par.  22.  No  length  of  actual  residence  by  anj'  per- 
son within  the  city,  while  supported  wholly  or  partially  at  the  expense 
of  the  county  or  any  township  shall  operate  to  give  such  person  a 
settlement  in  the  city. 

IN   CASE  OF  PERSON   ABANDONED   OR  NEGLECTED— PROPERTY  OF  PER- 
SON RESPONSIBLE  MAY  BE  TAKEN. 

(Sec.  362.)  Par.  23.  In  case  any  person  is  abandoned,  neglected 
or  not  maintained  and  likelj'  to  become  chargeable  upon  the  city  for 
support  the  county  superintendents  of  the  poor  shall  have  the  same 
right  to  take  possession  of  and  proceed  against  the  property  of  the 
husband  or  parent  responsible  therefor,  that  they  have  by  the  general 
laws  of  the  state,  when  such  person  is  liable  to  become  chargeable 
upon  the  county  or  township. 


TITLE  XL 
BOARD  OF  PARK  AND  CEMETERY  COMMISSIONERS. 


PURCHASE    AND    CONTROL    OF    PARK    AXD    CKMETEBY    PBOPERXY. . 

(Sec.  367.)  Par.  i.  The  Common  Council  of  the  City  of  Grand 
Rapids  sliall  have  power  to  purchase  and  hold  real  estate  for  park  and 
cemetery  purposes  within  or  without  the  city  limits  and  designate  ap- 
propriate names  for  such  parks  and  cemeteries.  All  such  real  estate, 
together  with  that  secured  by  the  city  previous  to  the  passage  of  this  act, 
owned  by  the  City  of  Grand  Rapids  dedicated  to  either  park  or  cemetery 
purposes,  together  with  all  properties,  buildings  and  improvements  of  every 
kind  connected  therewith,  shall  be  under  the  exclusive  management  of  five 
connnissioners  who  shall  constitute  a  Board  of  Park  and  Cemetery  Com- 
missioners to  be  known  as  "The  Board  of  Park  and  Cemetery  Commis- 
sioners" of  the  City  of  Grand  Rapids,  who  shall  be  appointed  in  the  fol- 
lowing manner  : 


APPOINTMENT    OF    MEMBERS    OF    BOARD. 

(Sec.  368.)  Par.  2.  There  shall  be  appointed  by  the  mayor  of  the 
City  of  Grand  Rapids  five  members  of  the  Board  of  Park  and  Cemetery 
Commissioners  from  the  electors  and  freeholders  of  the  City  of  Grand 
Rapids,  to  hold  their  offices  for  a  period  of  five  years  from  the  date  of  their 
appointment,  except  that  the  first  appointments  shall  be  made  for  such 
respective  terms  that  the  term  of  one  of  the  appointees  shall  expire  upon 
the  first  Monday  of  ]\Iay  in  each  year,  and  said  commissioners  shall  hold 
their  offices  until  their  successor  or  successors  are  appointed  and  qualified, 
and  their  powers  and  duties  shall  be  as  herein  provided.  Appointments 
shall  be  made  as  of  the  first  INIonday  of  May  in  each  year,  excepting  that 
the  first  appointment  may  be  made  as  soon  as  practicable  after  the  taking 
effect  of  this  provision  under  enactment  by  the  State  Legislature. 


COMPENSATION,    ETC.,    FOR    MEMBERS— PRESIDENT    OF    BOARD— WHEN 
ME.AIBERS   M.AY   BE    REMOVED. 

(Sec.  369.)  Par.  3.  The  members  of  the  Board  of  Park  and  Cemetery 
Commissioners  shall  devote  such  time  as  may  be  necessary  to  the  proper 
discharge  of  their  duties,  and  the  salary  of  each  of  said  commissioners 
shall  be  one  hundred  dollars  a  year,  payable  quarterly,  from  the  general 
fund.  The  member  of  such  board  whose  term  of  office  shall  soonest  expire 
shall  be  the  president  thereof.  The  members  of  said  board  may  be  removed 
by  the  mayor  at  any  time,  for  inefficiency,  inattention  to  their  duties  or 
misfeasance ;  but  at  the  time  of  such  removal  the  mayor  shall  make  a 
written  report  to  the  Common  Council  setting  forth  his  reasons  for  such 
removal,  and  the  same  shall  be  filed  in  the  office  of  the  city  clerk. 


PKESEXT  BOAKD  OF  CEMKTERV  COMMISSIONERS  TO  BE  MEMBERS  OF 

XEW  BOARD — RELATIVE  TO  TRANSFER  OF  CEMETERY  PROPERTY 

— F1I.T.IN(;  OF  VACANCIES. 

(Sec.  370.)  Par.  4.  The  members  of  the  present  Board  of  Cemetery 
Commissioners  of  the  City  of  Grand  Rapids  during  the  term  or  terms  for 
which  they  shall  have  been  appointed  for  such  board,  shall  be  made  and 
constituted  by  this  enactment  members  of  the  Board  of  Park  and  Ceme- 
tery Commissioners.  The  said  Board  of  Cemetery  Commissioners  shall, 
upon  the  organization*of  the  Board  of  Park  and  Cemetery  Commissioners 
hereunder,  at  once  turn  over  all  property  held  by  it  to  said  Board  of  Park 
and  Cemetery  Commissioners,  and  all  special  trust  funds  to  the  Board  of 
Sinking  Fund  Commissioners.  All  legal  contracts  made  by  the  said  Board 
of  Cemetery  Commissioners  shall  be  equally  binding  upon  the  Board  of 
Park  and  Cemetery  Commissioners.  In  the  event  of  any  vacancy,  for  any 
cause,  upon  the  Board  of  Park  and  Cemetery  Commissioners,  the  mayor 
of  the  City  of  Grand  Rapids  shall  have  power  and  authority  to  fill  such 
vacancy  by  appointment  for  the  unexpired  term  of  the  inember  or  members 
whose  office  or  offices  has  or  have  become  vacant. 

BOARD  TO  HA^-E  CUSTODY  OF  P.^RKS  AND  CE3IETERIES— APPOINTMENT 
OF    SUPERINTENDENTS    .4ND    E.AIPLOYES    AND    THEIR    COMPENSA- 
TION—SETTING     OF      TREES      AND      SHRUBS  —  PROPERTY 
OWNERS    ADJACENT    TO    CEMETERIES    AND    P.\RKS 
TO    SET    TREES    AS    DIRECTED. 

(Sec.  371.)  Par.  5.  The  Board  of  Park  and  Cemetery  Commission- 
ers of  the  City  of  Grand  Rapids  shall  have  the  exclusive  care,  custodv  and 
management  of  all  parks  and  cemetery  properties,  with  authoritv  to  employ 
superintendents,  sextons,  and  laborers,  as  it  may  deem  proper,  and  may 
regulate  their  compensation  and  services.  The  said  superintendents  of 
parks  and  cemeteries  shall  be  practical  landscape  gardeners,  and  under  the 
direction  of  said  board,  have  active  charge,  control  and  direction  over  the 
parks  and  cemeteries  of  the  City  of  Grand  Rapids,  and  perform  such  other 
duties  as  may  be  prescribed  by  the  board.  The  said  board  shall  have  power 
and  authority  to  regulate  the  setting  of  trees  and  shrubs,  and  to  determine 
the  kind  of  trees  and  shrubs  to  be  set,  along  streets  and  highwavs  adjacent 
to  the  city  cemeteries  and  parks,  and  the  manner  in  which  they  shall  be 
trimmed.  The  Common  Council  may  by  ordinance  provide  a  penalty  for 
the  refusal  of  the  owner  of  any  property  so  fronting  on  the  parks  or 
cemeteries  to  comply  with  such  regulations. 

MAPS    OF    CEMETERIES— REGULATE    SALE    OF    LOTS    AND    INTERMENTS 
THEREIN. 

(Sec.  372.)  Par.  6.  Said  board  shall  cause  suitable  surveys  and  maps 
to  be  made  and  perfected  of  all  the  grounds,  roadways,  walks,  lots  and 
reservations  belonging  to  or  included  in  such  cemeteries.  It  shall  regulate 
the  sales  and  prices  of  lots  and  interments  therein,  and  shall  make  such 
improvements  and  regulations  for  the  use  and  protection  of  such  ceme- 
teries, and  may  adopt  such  rules  and  regulations  in  relation  to  the  care  of 
lots  therein  as  it  may  deem  proper,  and  no  interment  in  any  lot,  or  parts 
of  lots,  shall  be  permitted  while  there  is  any  unpaid  account  due  for  work 
thereon,  provided  such  account  was  incurred  on  the  order  of  any  person 
competent  to  give  the  same. 

BEQUESTS   FOR  CARE    AND   MAINTENANCE   OF  BURIAL   LOTS,   ETC. 

(Sec.  373.)  Par.  7.  Said  board  is  hereby  authorized  to  accept  from 
any  person  or  persons  by  the  terms  of  any  deed,  will  or  otherwise,  any 
gift,  devise  or  bequest  in  trust  for  the  use  and  purpose  of  keeping  in  good 


order  and  repair  the  family  burial  lot.  monuments,  vaults,  tombs,  graves 
and  lot  improvements,  as  well  as  for  the  planting  of  flowers,  on  any  such 
lots  or  graves  of  such  grantors  or  devisors,  in  any  of  the  cemeteries  under 
the  charge  and  control  of  such  board ;  and  also  to  accept  from  any  per- 
son or  persons  in  the  manner  aforesaid,  ajiy  gift,  devise  or  bequest  in  trust 
for  the  use  and  purpose  of  keeping  in  good  order  and  repair  all  the  burial 
lots,  monuments,  vaults,  tombs,  graves  and  lot  improvements,  or  any  par- 
ticular part  or  portion  thereof,  as  well  as  for  the  planting  of  flowers  on 
any  such  lots  or  graves,  or  any  particular  part  or  |Tortion  thereof  in  any 
such  cemeteries ;  but  such  authority  shall  not  extend  to  any  other  uses 
or  purposes  whatsoever:  Provided,  That  such  gifts  in  trust  for  s'uch  pur- 
poses shall  pass  to  and  be  held  1)y  the  "Board  of  Sinking  Fund  Commis- 
sioners'" of  the  city  to  be  invested  in  safe  security  or  securities,  the  income 
therefrom  to  l)e  devoted  to  the  object  or  objects  for  which  the  gifts  were 
made,  the  said  fund  to  be  kept  by  the  said  Board  of  Sinking  Fund  Com- 
missioners separate  and  apart  from  all  other  funds  under  its  control,  and 
the  income  therefrom  be  paid  over  to  the  Board  of  Park  and  Cemetery 
Commissioners  :  Provided,  That  if  the  value  of  such  trust  property  shall 
be  the  sum  of  five  hundred  dollars,  or  more,  such  trust  shall  not  be  ac- 
cepted or  the  discharge  of  the  same  be  entered  upon,  until  application 
has  been  made  to  the  Superior  Court  of  Grand  Rapids  in  chancery  for  an 
order  confirming  such  trust,  if  such  trust  property  shall  he  situated  within 
the  corporate  lim.its  of  the  city  and  such  order  obtained  ;  or,  if  such  trust 
property  shall  be  situated  within  the  County  of  Kent,  but  not  within 
such  corporate  limits,  such  application  shall  be  made  to  and  such  order,  if 
granted,  shall  be  granted  by  the  Circuit  Court  for  the  County  of  Kent  in 
chancery.  Thereupon  such  trust  shall  be  executed  by  said  Board  of 
Sinking  Fund  Commissioners,  or  a  majority  thereof,  under  the  direction 
of  the  court  granting  such  order.  All  the  court  expenses  incident  to  ob- 
taining such  order  shall  be  paid  out  of  such  trust  fund. 

CEMETERY  FX'XDS   AND  USE   OF— 10  PER  CENT.   OF  GROSS   RECEIPTS   TO 
CONSTITUTE   REPAIR   FUND— INVESTMENT   OF  FUNDS. 

(Sec.  374.)  Par.  8.  Said  Board  of  Park  and  Cemetery  Commission- 
ers shall  cause  a  fund  to  be  provided  for  each  of  the  cemeteries  under  its 
charge,  the  same  to  be  kept  separately  by  the  Board  of  Sinking  Fund 
Commissioners  from  the  receipts  derived  from  the  cemetery  to  which  such 
fund  shall  be  credited,  otherwise  than  those  arising  from  taxation  as  here- 
in provided,  by  appropriating  annually  not  less  than  ten  per  cent,  of  the 
gross  receipts  from  such  cemetery  as  aforesaid,  which  shall  constitute  a 
repair  fund  for  such  cemetery,  but  such  fund  shall  not  exceed  in  any  in- 
stance the  sum  of  fifty  thousand  dollars.  Said  Board  of  Sinking  Fund 
Commissioners  shall  invest  said  moneys  in  valid  security  or  securities  worth 
not  less  than  par  value,  and  the  interest  thereof  shall  be  paid  over  to  the 
Board  of  Park  and  Cemetery  Commissioners,  to  be  applied  solely  to  the 
repairing  of  roadways,  water  appliances,  walks,  hillsides,  drains,  monu- 
ments, abandoned  lots  and  public  grounds  connected  with  such  cemeteries 
and  buildings  within  such  cemetery  bounds.  Such  repair  fund  shall  never, 
under  any  pretext,  be  diverted  from  the  above  declared  purpose,  and  shall 
be  used  as  herein  directed,  except  as  otherwise  provided,  but  no  greater 
sum  shall  be  used  annually  than  the  interest  on  such  invested  moneys, 
except  as  herein  provided. 

IN    CASE   GROSS    RECEIPTS    OF    REPAIR   FUND    OF    ANY    ONE    CESIETERY 
EXCEEDS  $50,000 — USE  OF  INTEREST  ON  SAID  FUNDS. 

(Sec.  375.)  Par.  9.  Whenever  the  gross  receipts  of  the  repair  fund 
of  any  one  cemetery  shall  exceed  the  sum  of  fifty  thousand  dollars,  said 


Board  of  Sinking  Fund  Commissioners  shall  take  such  excess  and  put  it 
into  the  fund  of  one  of  the  other  cemeteries,  or  divide  it  hetween  the  funds 
of  the  other  cemeteries  in  such  proportion  as  it  may  deem  best,  but  no 
fund  shall  exceed  the  above  limit.  The  Board  of  Park  and  Cemetery 
Commissioners  may,  in  its  discretion,  direct  the  saving  of  the  annual  in- 
terest on  any  such  fund  from  year  to  year,  if  in  its  judgment  such  accumu- 
lated interest  can  be  more  beneficially  laid  out  in  repairs  than  the  annual 
interest  could  be  so  laid  out. 


.MONEY   RECEIVED   TO    BE   TURNED   OVER   TO   TREASURER— ALLOWANCE 
OF  ACCOUNTS   AGAINST  BOARD. 

(Sec.  376.)  Par.  10.  Said  Board  of  Park  and  Cemetery  Commis- 
sioners, less  ten  per  cent,  of  the  gross  receipts  paid  over  to  said  Board  of 
Sinking  Fund  Commissioners,  as  aforesaid,  shall  pay  to  the  city  treasurer 
all  moneys  received  from  the  sale  of  cemetery  lots  and  other  sources  of 
income  from  cemeteries,  including  all  penalties  collected  for  violations  of 
any  ordinance  or  regulation  adopted  by  the  Common  Council  relating  to 
cemeteries,  and  the  city  treasurer  shall  place  the  same  in  the  proper  fund. 
All  expenses  incurred  by  said  board  shall  be  passed  upon  by  it  and 
certified  to  by  a  majority  thereof  and  filed  with  the  city  comptroller, 
whether  the  same  be  for  expenses  connected  with  the  parks  or  with  the 
cemeteries  of  the  city,  and  shall  take  the  same  course  as  other  claims 
against  the  city,  in  accordance  with  the  provisions  of  this  act. 


DEEDS   OF  CEMETERY  LOTS. 

(Sec.  ^t?!-)  Par.  ii.  All  deeds  and  conveyances  of  cemetery  lots 
shall  be  executed  by  the  mayor  and  city  clerk  and  countersigned  by  the 
comptroller  and  recorded  in  the  office  of  the  city  clerk :  Provided,  That 
no  deed  or  conveyance  shall  be  delivered  to  any  person  until  the  receipt 
for  the  purchase  price  thereof,  signed  by  the  superintendent  of  the  ceme- 
tery wherein  such  lot  is  situated  and  countersigned  by  at  least  one  member 
of  said  board,  is  shown  to  said  officers  executing  or  conveying  the  same. 


CREMATORY. 

(Sec.  378.)  Par.  12.  The  Board  of  Park  and  Cemetery  Commission- 
ers, with  the  approval  of  the  Common  Council  of  the  City  of  Grand  Rapids, 
may  cause  to  be  erected  and  operated  a  crematory,  and  the  contract  for 
constructing  such  crematory  shall  be  approved  by  the  Common  Council. 
Said  board  may  fix  the  fees  to  be  charged  for  the  use  of  said  crematory. 


REPORTS   TO   COMMON   COUNCIL. 

(Sec.  379.)  Par.  13.  Such  board  shall,  on  the  first  Monday  of  April 
after  the  passage  of  this  act.  and  on  the  first  Monday  of  every  third  month 
thereafter,  render  to  the  Common  Council  an  itemized  report  of  its  re- 
ceipts and  disbursements,  and  also  of  all  matters  committed  to  its  charge, 
including  the  status  of  each  of  the  funds  hereinbefore  provided  for,  which 
report  shall  show  separately  the  taking  of  receipts  and  all  disbursements 
for  parks  and  cemeteries.  And  the  Board  of  Sinking  Fund  Commis- 
sioners shall  make  a  full  report  to  the  Common  Council  April  first  in  each 
year  of  such  funds  in  its  hands,  and  whenever  required  by  the  Common 
Council. 


"5 


COMMON  COUNCIL  TO  ADOPT  ORDINANCES,  ETC.,  GOVERNING  CONDUCT 
IN  PARKS  AND  CEMETERIES. 

(Sec.  380.)  Par.  14.  The  Common  Council  maj'  adopt  ordinances  and 
regulations  governing  conduct  in  the  parks  and  cemeteries  of  the  city,  and 
may  provide  for  the  imposition  of  fines  or  imprisonment,  or  both,  for  any 
violation    thereof. 

CEMETERY  PROPERTIES  TO  BE  EXEMPTED  rR03I  GENERAL  TAXATION 
—PLATS  FOR  BURIAL  OF  POOR. 

(Sec.  .^Mi.)  Par.  15.  The  cemetery  properties  of  the  City  of  Grand 
Rapids  and  all  lots  or  plats  therein  which  have  been,  or  shall  hereafter  be, 
conveyed  by  said  city  as  places  of  burial  of  the  dead,  shall  forever  be 
exempted  from  general  taxation,  and  from  special  assessments  for  local 
improvements,  and  shall  not  be  liable  to  be  sold  on  execution  or  be  applied 
to  the  payment  of  debts  by  any  assignment  under  any  insolvent  law,  or 
l)y  any  compulsory  process  of  law.  Said  Board  of  Park  and  Cemetery 
Commissioners  shall  assign  and  set  apart  suitable  plats  of  ground  for  the 
burial  of  the  poor  and  shall  creditably  care  for  and  beautify  the  same  and 
cause  interments  of  the  poor  to  be  made  therein.  The  cost  of  the  care  of 
such  plats  and  the  interments  made  therein  shall  be  paid  for  out  of  the  poor 
fund  of  the  city.  It  shall  provide  a  plat  of  ground  and  care  for  the  same 
wherein  single  interment  permits  shall  be  sold  at  a  purchase  price  not  to 
exceed  ten  dollars. 

MEETINGS  OF  BOARD,  ETC. 

(Sec.  3S2.)  Par.  16.  Said  board  shall  hold  regular  meetings  on  the 
first  Tuesday  of  each  month,  and  may,  by  rule,  provide  for  special  meet- 
ings and  service  of  notice  thereof.  A  majority  of  the  members  of  said 
board  shall  constitute  a  quorum,  and  no  action  of  said  board  shall  be  bind- 
ing unless  authorized  by  a  majority  of  the  members  present  at  a  regular  or 
duly  called  special  meeting  thereof.  Said  board  shall  have  authority  to 
adopt  rules  for  the  transaction  of  its  business  and  for  the  control  and 
management  of  said  parks  and  cfemeteries. 

USE   OF  CEMETERY   FIENDS— LICENSES   FOR   VENDING    GOODS   IN 
PARKS,  ETC. 

(Sec.  383.)  Par.  17.  The  said  board  shall  have  full  authority  within 
the  limitations  provided  herein  and  the  objects  for  which  money  in  its 
funds  can  be  properly  used,  to  use  cemetery  moneys  in  the  management  of 
cemeteries  within  the  City  of  Grand  Rapids.  Said  board  shall  have  authority 
to  lay  out,  regulate  and  improve  the  city  parks,  and  to  grant  or  refuse 
licenses  for  the  vending  of  goods  therein  .or  upon  the  streets  or  sidewalks 
within  two  hundred  feet  of  any  park  entrance  in  front  thereof  and  to  ask 
and  receive  a  reasonable  fee  therefor;  and  the  Common  Council  of  the 
city  may  by  ordinance  provide  for  the  enforcement  of  the  rules  of  said 
board  in  relation  thereto.  Said  board  shall  have  authority  to  adopt  rules 
and  regulations  for  the  use  of  cemetery  lots  in  any  of  the  cemeteries  of  the 
city,  and  for  the  care  thereof. 

BUILDING    LINE    DETERSIINING    DISTANCE    AT    WHICH    STRUCTURES    ON 

PRIVATE    PRE^IISES    3IAY   BE   ERECTED — WHERE    PREMISES 

FRONT    A    PARK    OR    PARKWAY,    ETC. 

(Sec.  384.)  Par.  18.  Said  board  may  establish  a  building  line,  or 
lines,  determining  the  distance  at  which  all  structures  to  be  erected  upon 
any  private  premises  fronting  any  park  or  parkway  under  the  jurisdiction 

116 


of  said  hoard  shall  he  erected  upon  such  premises,  and  may,  in  the  name 
of  the  city,  prevent  the  erection,  and  require  the  removal  of  all  structures 
outside  of  said  lines,  and  no  permit  shall  be  issued  authorizing  the  erection 
of  any  structure  outside  the  building  line  so  established  :  Provided,  That 
these  requirements  shall  not  be  applicable  to  any  buildings  within  the 
line  cr  lines  that  may  be  determined  by  said  board  hereunder,  at  the  time 
of  the  adoption  of  rules  relative  thereto  by  said  board.  Said  board  shall 
have  such  additional  power  relating  to  parks  as  shall  be  specified  by 
ordinance  adopted  by  the  Common  Council  of  said  city. 

BEQVKSTS   TO   I'AliKS.   PARKWAYS,   ETC. 

(Sec.  .385.)  Par.  19.  Real  or  personal  property  may  be  granted, 
bequeathed,  devised  or  conveyed  to  the  City  of  Grand  Rapids  for  the  pur- 
pose of  improvement  or  ornamentation  of  any  park,  boulevard,  pleasure- 
way  or  park-way,  or  for  the  establishment  or  maintenance  therein  of 
museums,  zoological  or  other  gardens,  collection  of  natural  history,  observa- 
tories, libraries,  monuments  or  works  of  art,  upon  such  trusts  or  conditions 
as  may  be  approved  by  said  board,  and  all  such  property  or  the  rents,  issues 
and  profits  thereof  shall  be  subject  to  the  management  and  control  of  said 
board :  Provided,  That  if  any  bequest  shall  be  made  of  money  constituting 
a  fund  to  be  used  for  certain  specific  purposes,  requiring  investment  in 
securities  for  the  purpose  of  obtaining  the  income  thereof  in  order  to 
carry  out  the  trust,  then  such' fund  shall  be  turned  over  to  the  Board  of 
Sinking  Fund  Commissioners  of  the  City  of  Grand  Rapids  for  investment, 
and  the  income  thereof  shall  be  paid  to  the  Board  of  Park  and  Cemetery 
Commissioners  for  its  use  in  carrying  out  the  trust  created  by  the  donor. 

PURCHASE    OF  LANDS   FOR   PARKS,   ETC.— HOW   BONDS   MAY   BE   ISSUED. 

(Sec.  386.)  Par.  20.  It  shall  be  within  the  power  of  said  Board  of 
Park  and  Cemetery  Commissioners,  when  authorized  by  the  Common 
Council,  of  said  city,  to  acquire  lands  for  parks  and  parkways  within  and 
without  the  City  of  Grand  Rapids,  and  for  the  Common  Council  of  said 
city  to  provide  for  the  payment  thereof  by  the  issuing  of  bonds  therefor, 
with  a  rate  of  interest  not  to  exceed  four  per  cent,  per  annum,  interest 
payable  semi-annually :  Provided,  That  no  amount  of  bonds  for  such  pur- 
pose shall  be  issued  by  the  Common  Council  of  said  city  for  any  purchase 
or  purchases  of  lands  for  parks,  parkways  or  boulevards  in  excess  of  ten 
thousand  dollars,  without  the  same  being  submitted  to  the  electors  of  the 
City  of  Grand  Rapids  and  the  approval  by  a  majority  of  them  voti4ig 
thereon,  having  first  been  obtained. 

ESTIMATES  FOR  ENSUING   YEAR— APPROPRIATION   FOR  CARE   OF  PARKS 
AND  CEMETERIES — ALLOWANCE   OF  BILLS. 

(Sec.  387.)  Par.  21.  The  said  Board  of  Park  and  Cemetery  Commis- 
sioners shall  on  the  first  day  of  April  in  each  year,  and  at  other  times  when 
required  by  the  Common  Council,  report  to  the  Common  Council  in  detail 
an  estimate  of  the  amount  of  salaries  and  other  necessary  expenses  of  said 
board  for  the  ensuing  year,  both  for  expenses  connected  with  the  city 
cemeteries  and  for  the  care,  maintenance  and  improvement  of  the  city 
parks.  Said  statement  must  show  the  number  and  class  of  employees,  the 
salaries  to  be  paid  and  the  number  to'  be  employed,  as  near  as  the  same 
can  be  estimated.  The  Common  Council,  upon  the  first  Monday  of  May 
in  each  }ear,  or  as  socn  thereafter  as  practicable,  shall  make  an  appropria- 
tion for  the  care,  maintenance  and  improvement  of  the  city  parks  of  said 
cit}',  which  sum,  when  raised,  shall  go  into  a  fund  to  be  held  by  tiie  city 
treasurer  of  said  city,  and  be  known  as  the  park  fund  of  said  city;  and  the 

117 


Common  Council  shall,  if  found  to  be  necessary,  also  make  on  appropria- 
tion to  said  board  for  the  care,  managem.ent  and  control  of  the  cemeteries 
of  said  city,  which  moneys  so  appropriated  shall  be  carried  into  the 
cemetery  fund,  and  placed  in  the  hands  and  under  the  control  of  the  city 
treasurer  of  said  city,  the  moneys  to  be  paid  from  said  cemetery  fund, 
whether  coming  from  city  appropriations  or  other  sources,  upon  the 
presentation  by  said  board,  of  bills  to  the  comptroller  of  said  city,  which 
bills  shall  be  reported  to  the  Common  Council  by  said  comptroller  and 
allowed  in  the  usual  way,  the  alloivance  specifying  from  what  fund  the 
same  are  to  be  paid. 


uS 


TITLE   XTT. 
BOARD    OF    SINKING    FUND    COMMISSIONERS. 

MEMBERS  OF  BOARD. 

(Sec.  39^-)  Par.  i.  The  mayor,  comptroller,  clerk  and  treasurer 
of  the  cit}^  of  Grand  Rapids  and  the  chairman  of  the  committee  on 
ways  and  means  of  the  Common  Council  of  said  city,  and  their  suc- 
cessors in  office  by  virtue  of  their  offices,  and  two  electors  who  shall 
be  citizens  and  free  holders  of  the  city  of  Grand  Rapids  to  be  elected 
by  said  several  officials  for  two  years  each,  one  to  be  elected 
each  year  on  May  first,  or  as  soon  thereafter  as  practicable,  and  one 
of  whom  after  the  taking  effect  of  this  act  shall  first  be  elected  for  one 
j'ear.  shall  constitute  and  be  a  board  of  Sinking  Fund  Commissioners: 
Provided,  That  the  members  of  said  Board  of  Sinking  Fund  Commis- 
sioners, in  office  at  the  time  of  the  taking  effect  of  this  act,  shall  con- 
tinue to  be  members  thereof  until  the  expiration  of  their  respective 
terms  of  office. 

BOARD    TO    PURCHASE    OR    i-AY    OUTSTAXDING    BONDED    DEBT— INVEST- 
MENT OF  FUNDS,  ETC. 

(Sec.  393.)  Par.  2.  The  Board  of  Sinking  Fund  Commissioners 
shall  from  time  to  time  upon  the  best  terms  they  can  make,  purchase 
or  pay  the  outstanding  bonded  debt  of  said  city,  or  such  part  thereof 
as  they  may  be  able  to  purchase  or  pay  until  the  full  amount  thereof 
be  fulh'  purchased  or  paid.  Whenever  they  cannot  arrange  for  the 
purchasing  or  paying  of  said  debt,  or  any  part  thereof,  they  shall 
temporarily  and  until  they  can  so  arrange,  invest  the  moneys  belong- 
ing to  the  sinking  fund  in  such  interest  bearing  securities  as  they  may 
deem  advisable;  and  all  matured  bonds  and  evidences  of  debt  so  pur- 
chased shall  be  delivered  to  the  city  treasurer  and  shall  become  and 
be  the  propertj^  of  the  city  of  Grand  Rapids,  held  and  controlled  by 
said  Board  of  Sinking  Fund  Commissioners  and  the  interest  thereon 
as  it  thereafter  becomes  due  shall  be  credited  to  and  belong  to  the 
sinking  fund.  The  city  treasurer  shall  endorse  upon  the  back  of  all 
bonds  so  purchased  bj^  the  Sinking  Fund  Commissioners  the  follow- 
ing, viz:  "Registered  bonds  not  transferable  without  the  written 
consent  of  the  maj^or,  comptroller  and  city  clerk  endorsed  thereon." 
And  such  bonds  shall  onlj-  be  transferred  and  sold  under  the  direction 
of  the  Board  of  Sinking  Fund  Commissioners.  In  making  temporary 
investment  of  the  moneys  of  the  sinking  fund  the  said  board  shall 
give  preference  to  bonds  of  the  city  of  Grand  Rapids,  but  may  subse- 
quently sell  the  same  and  apply  the  proceeds  to  the  purchase  of  other 
securities,  or  to  the  payment  of  other  bonds  of  the  city  whenever  such 
action  is  deemed  advisable. 

BOARD  TO  HAVE  CONTROL   OF   SINKING   FUND   .ETC. 

(Sec.  394.)  Par.  3.  Said  Board  of  Sinking  Fund  Commissioners 
shall  have  exclusive  control  of  the  moneys  of  the  sinking  fund  and 

119 


shall  faithfully  apply  the  same  whenever  possible,  or  it  may  appear 
to  the  city's  interest,  to  the  payment  of  the  principal  and  interest  of 
the  bonded  indebtedness  of  the  city  of  Grand  Rapids,  and  to  no  other 
purpose  whatever,  except  as  herein  otherwise  provided.  The  board 
may  temporarily  invest  any  portion  of  the  sinking  fund  in  so-called 
stVeet  improvement  bonds  of  the  city  of  Grand  Rapids,  but  no  portion 
of  the  sinking  fund  shall  be  applied  to  the  ultimate  payment  of  any 
of  such  bonds. 

MEETINGS  OF  BOARD— RECORD— CITY  CLERK  TO  BE  CLERK  Ol'  BOARD 
AND  KEEP  SAID  RECORD. 

(Sec.  395.)  Par.  4.  Said  Board  of  Sinking  Fund  Commissioners 
shall  meet  from  time  to  time  for  the  transaction  of  business  and  may 
adopt  rules  of  proceeding  for  their  meetings.  A  majority  of  the 
whole  board  shall  be  a  quorum  for  the  transaction  of  business,  but 
they  shall  not  purchase  in  or  pay  the  outstanding  debt  of  said  city  or 
invest  any  of  the  moneys  belonging  to  the  sinking  fund  as  above  pro- 
vided, except  under  a  resolution  for  such  purpose  passed  and  approved 
by  a  two-thirds  vote  of  the  whole  board  by  yeas  and  nays  to  be  entered 
of  record  at  a  regular  meeting  or  a  special  meeting  called  for  such 
purpose.  The  mayor  of  said  city,  or  in  case  of  his  absence,  some  mem- 
ber to  be  designated  by  those  present,  shall  preside  at  the  meeting  of 
said  board.  The  city  clerk  shall  be  the  clerk  of  the  Board  of  Sinking 
Fund  Commissioners  and  it  shall  be  his  duty  to  keep  a  true  record  of 
all  meetings  of  said  board,  which  records  shall  be  kept  on  file  in  and 
be  a  part  of  the  records  of  the  oflice  of  the  city  clerk. 

CITY     TREASURER     TO     HAVE     CUSTODY     OF     ALL,     MONEYS,     ETC.— HOW 
FUNDS   MAY   BE    PAID    OUT. 

(Sec.  396.)  Par.  5.  The  city  treasurer  shall  have  custody  of  all 
moneys,  securities  and  evidences  of  debt  belonging  to  or  appertain- 
ing to  the  sinking  fund,  and  he  shall  pay  out  the  moneys  of  said  fund 
only  by  order  of  the  Board  of  Sinking  Fund  Commissioners  on  a  two- 
thirds  vote  of  the  members  thereof  directed  as  aforesaid,  and  upon 
the  warrant  of  the  city  comptroller.  The  official  bond  of  the  city 
treasurer  shall  cover  any  and  all  funds  in  his  hands  belonging  to  the 
sinking  fund. 

REPORTS    TO    COMMON    COUNCIL— ESTIMATE    FOR    ENSUING    YEAR. 

(Sec.  397.)  Par.  6.  Said  commissioners  shall  from  time  to  time, 
but  at  least  annually,  and  whenever  requested  by  the  Common  Coun- 
cil of  said  city,  make  report  of  their  meetings,  which  report  shall  be 
made  to  the  Common  Council  and  be  referred  to  and  filed  with  the 
city  comptroller  and  be  recorded  by  him  in  some  proper  book  to  be 
provided  by  him  for  such  purpose.  They  shall  recommend  to  the 
Common  Council  on  or  before  April  i,  the  sum  of  money  that  in  their 
judgment  should  be  placed  in  the  next  annual  budget  and  raised  b}- 
direct  taxation  for  the  benefit  of  the  sinking  fund. 

TAX  FOR  BENEFIT  SINKING  FUND— PREMIUMS  FB03I  SALE  OF  BONDS  TO 

BE   CREDITED   TO   SINKING  FUND— INTEREST  TO   BE   PLACED  IN 

SINKING    FUND. 

(Sec.  398.)  Par.  7.  The  Common  Council  shall  in  each  year  levy 
and  collect  a  tax  for  the  benefit  of  the  sinking  fund  of  not  less  than 
one-fifth  of  a  mill  on  a  dollar  or  more  than  four-fifths  of  a  mill  on  a 
dollar  in  any  one  year  upon  the  real  estate  and  personal  property  in 

120 


said  city,  not  exempt  from  taxation  by  the  general  laws  of  the  State, 
and  upon  .all  of  the  personal  property  of  residents  of  the  city  not 
exempt  from  taxation  by  such  general  laws.  Provided,  That  at  least 
one-fifth  of  a  mill  shall  be  placed  in  the  sinking  fund  annually,  to  be  applied 
exclusively  to  the  payment  of  the  principal  of  said  bonds,  other  than  water 
and  school  bonds.  Whenever  any  bonds  of  the  city  of  Grand  Rapids 
shall  be  sold  for  more  than  par  value  all  of  the  premium  or  amount 
received  at  such  sale  more  than  the  par  or  face  value  of  the  bonds 
sold,  not  including  interest  accrued  upon  such  bonds  that  may  be  paid 
by  the  purchaser,  shall  be  credited  and  belong  to  the  sinking  fund.  All 
of  the  interest  paid  to  the  city  by  the  citj-  depository  or  depositories 
as  provided  for  bj-  this  act  shall  belong  to  and  be  placed  in  the  sink- 
ing fund  of  said  city. 

BEI..\TIVE    TO    PAY.MENT    OF   WATEK    BONDS    AND    INTEREST    THEREON. 

(Sec.  399)  Pai'-  §■  From  the  gross  income  of  the  Board  of  Public 
Works  received  from  the  sale  of  water  by  said  board  there  shall  be 
paid  over  to  the  Board  of  Sinking  Fund  Commissioners  fifty  per 
cent,  thereof,  and  the  said  Board  of  Sinking  Fund  Commissioners 
from  such  m.oneys  received  from  the  Board  of  Public  Works  shall 
pay  the  current  interest,  as  it  matures,  of  the  water  bonds  issued  by 
said  city,  and  the  remainder  of  said  moneys  received  from  the  sale  of 
water  shall  be  kept  by  said  Board  of  Sinking  Fund  Commissioners 
separate  from  other  funds  for  the  purpose  of  creating  a  sinking  fund 
to  be  applied  to  the  payment  of  the  principal  of  the  water  bonds  of 
said  city. 

RELATIVE    TO    PAV:>IENT    OV    SCHOOL    BOND.'*— CARE    AND    INVEST3rENT 
OF    PARK    AND    CEMETERY    MONEYS. 

(Sec.  400.)  Par.  9.  There  shall  also  be  placed  in  the  budget  of 
the  Board  of  Education  of  said  city  such  amount  as  may  be  recom- 
mended by  the  Board  of  Education  and  approved  by  the  Common 
Council,  or  as  may  be  determined  to  be  necessary  by  the  Common 
Council  for  each  year,  to  be  paid  over  to  said  sinking  fund  commission- 
ers to  create  a  sinking  fund  to  be  applied  to  the  payment  of  the  prin- 
cipal of  the  bonded  indebtedness  of  the  Board  of  Education  as  the 
same  matures.  The  said  Board  of  Sinking  Fund  Commissioners  shall 
receive  and  keep  as  a  separate  fund  any  moneys  that  may  be  paid  to 
it  froni  the  proceeds  of  sales  of  cemetery  lots  by  the  Board  of  Park 
and  Cemetery  Commissioners,  and  invest  the  same  to  the  best  ad- 
vantage possible,  carrying  out  the  trust  imposed  in  it  by  this  act  in 
connection  with  the  said  Board  of  Park  and  Cemetery  Commis- 
sioners. 

EXPENSES    OF    BOARD    OF    SINKING     FUND    COMMISSIONERS. 

(Sec.  401.)  Par.  10.  The  necessarj-  expenses  of  the  Board  of 
Sinking  Fund  Commissioners  incurred  in  performing  any  of  the 
duties  imposed  upon  it  by  this  act  shall  be  a  proper  charge  against 
the  city  to  be  paid  by-  the  Common  Council  from  the  general  fund. 

TRANSFER  OF  FUNDS  NOW  CONTROLLED  BY  OTHER  BOARDS  TO 
BOARD  OF  SINKING  FUND  COMMISSIONERS,  ETC. 

(Sec.  402.)  Par.  11.  Any  and  all  moneys  properly  belonging  to 
or  due  the  sinking  fund  of  said  city  on  the  taking  effect  of  this  act 
in   the   hands   or   under   the   control   of  the   present    Board   of   Sinking 


Fund  Comniissinners  shall  continue  under  the  management  and  con- 
trol of  said  board  for  the  objects  and  purposes  for  which  said  moneys 
have  been  appropriated,  and  anj'  moneys  under  the  control  of  any 
other  board  which  by  the  provisions  of  this  act  are  given  to  the  Board 
of  Sinking  Fund  Commissioners  shall  be  turned  over  by  the  proper 
city  officials  to  this  board  for  the  objects  and  purposes  for  which  said 
moneys  were  raised. 

BOARD  TO  ADOPT  RILES  AND  ENFORCE  COLLECTION  OF  BONDS  AND 
SECURITIES. 

(Sec.  403.)  Par.  12.  Said  Board  of  Sinking  Fund  Commissioners 
are  authorized  to  adopt  rules  not  in  conflict  herewith  for  the  govern- 
ment of  their  action,  and  shall  be  authorized  for  the  purpose  of  en- 
forcing the  collection  of  anj^  bonds  or  securities  taken  by  them  to 
bring  suit  in  the  name  of  the  cit}-  of  Grand  Rapids  in  any  court  of 
competent  jurisdiction. 


TITLE  XIII. 
BOARD    OF   ESTIMATES. 


MEMBERS    OF   BOARD. 

(Sec.  408.)  Par.  i.  There  shall  be  a  Board  of  Estimate.s  for  the 
City  of  Grand  Rapids,  composed  of  the  mayor,  city  clerk,  city  comptroller, 
city  treasurer,  the  members  of  the  committee  on  ways  and  means  of  the 
Common  Council,  and  their  successors  in  office,  and  also  live  electors,  who 
shall  be  citizens  and  freeholders  of  the  City  of  Grand  Rapids,  to  be 
appointed  annually  by  the  mayor,  and  to  hold  their  offices  until  one  year 
from  the  first  Monday  of  May  following  their  cnppointment,  and  until  their 
successors  are  appointed  and  qualified. 

V.\C.\XCIES— NO    COMPENSATION    FOR    MEMBERS— PRESIDENT    AND    .SEC- 
RETARY   OF   BOARD— RECORDS. 

(Sec.  -109. )  Par.  2.  Vacancies  in  the  membership  of  appointed 
members  of  such  Board  of  Estimates  shall  be  filled  by  the  mayor.  The 
members  of  said  Board  of  Estimates  shall  serve  without  compensation. 
The  mayor  shall  be  ex-oificio  president  of  said  board.  The  city  clerk  shall 
be  cx-oificio  secretary  of  said  board  and  keep  a  record  of  its  proceedings, 
and  perform  such  other  duties  as  may  be  prescribed  by  the  board. 

>IEETINOS  OF  BOARD— RULES  AND  REGULATIONS. 

(Sec.  410.)  Par.  3.  There  shall  be  a  meeting  of  the  Board  of  Esti- 
niatfs  amiually  at  ten  o'clock  in  the  forenoon  on  the  first  Tuesday  of 
April,  the  second  Monday  of  May,  and  the  fourth  Monday  of  August,  and 
at  such  other  times  as  the  board  or  the  Common  Council  may  direct,  such 
meetings  to  be  held  at  the  office  of  the  mayor  in  the  city  hall.  The  Board 
of  Estimates  is  authorized  to  adopt  such  rules  for  the  government  of  its 
deliberations  as  it  may  deem  necessary. 

ESTIMATES     TO     BE     SUBMITTED     TO     BO.\RD     BY     SEVERAL     MUNICIPAL 
BOARDS,    HEADS    OF    DEPARTMENTS    AND    CLERKS    OF 
.     COURTS    OF   THE    CITY. 

(Sec.  411.)  Par.  4.  On  or  before  the  first  Tuesday  in  April  of  each 
year  and  before  any  moneys  shall  be  raised  or  taxes  levied  and  collected 
for  the  purposes  of  the  several  funds  authorized  by  the  provisions  of  this 
act  and  acts  amendatory  thereof,  estimates  of  the  amount  of  moneys  re- 
quired for  such  funds  or  purposes,  to  be  raised  by  tax  or  otherwise,  shall 
1)6  submitted  to  the  Board  of  Estimates  by  the  several  municipal  boards, 
the  heads  of  the  several  departments  of  the  city  government  and  the  clerks 
of  the  several  courts  of  said  city:  Provided,  That  on  or  before  the  fourth 
Monday  of  August  in  each  year  the  Board  of  Education  shall  submit  to 
said  Board  of  Estimates  its  estimate  of  the  moneys  necessar}'  to  be  raised 
for  said  board  for  the  coming  year.  All  such  estimates  shall  be  in  detail 
and  shall  designate  the  exact  purpose  for  which  said  sums  are  required  and 
shall  also  give  an  approximate  estimate  of  the  moneys  which  shall  be  re- 

123 


ceived  by  such  dcparlnients  or  boards  tbat  may  be  deducted  from  the 
amount  otherwise  required  to  be  raised.  The  Board  of  Estimates  shall 
have  the  right  to  call  upon  the  Common  Council  or  upon  any  officer  or 
Doard  of  said  city  for  further  reports  or  any  -information  which  it  may 
require  for  the  purpose  of  reaching  a  correct  estimate  of  the  amount  of 
money  to  be  raised,  or  in  reference  to  any  matter  pending  before  said  board, 
and  neglect  or  refusal  to  furnish  the  same  after  a  demand  thereof  shall  be 
sufficient  cause  for  the  removal  from  office,  under  Title  II.  Par.  lo. 


BOARO    TO    CAKKIULLY    CONSIDER    ESTIMATES    AND    ArPROVE    OR    DIS- 
APPROVE  OF   SAAIE,   ETC. 

(Sec.  412,)  Par.  5.  It  shall  be  the  duty  of  said  Board  of  Estimates 
to  carefully  consider  each  and  every  estimate  presented  to  it  under  the 
provisions  of  this  act  of  moneys  to  be  raised  for  the  several  purposes  afore- 
said, and  it  shall  either  approve  or  disapprove  of  the  same.  The  said 
board  shall  have  power,  and  it  shall  be  its  duty,  after  careful  consideration 
of  the  various  estimates  referred  to  it,  if  it  shall  deem  it  advisable  so  to 
do,  to  disallow  any  item,  items  or  parts  of  the  same  and  decline  to  place 
the  same  in  its  estimate  made  of  the  respective  funds  to  be  raised  by  said 
city;  but  it  sliall  not  have  power  to  create  additional  funds  or  to  raise  any 
of  the  several  funds  to  an  amount  in  excess  of  that  recommended  by  the 
several  heads  of  the  city  departments  or  boards  of  said  city  in  the  various 
estimates  presented  to  it  as  aforesaid. 

BOARD  TO  PRESENT  ESTIMATES  AND  ITS  RECOMMENDATIONS  THEREON 
TO.  COMMON   COUNCIL— COMMON   COUNCIL   3IAY   AMEND,   ETC. 

(Sec.  413.)  Par.  6.  It  shall  be  the  duty  of  said  board,  after  the 
consideration  of  such  estimates,  to  present  the  same  to  the  Common  Coun- 
cil of  said  city,  together  with  its  recommendation  thereon,  on  or  before  the 
first  day  of  May  in  each  year,  for  its  revision  and  ratification  :  Provided. 
That  the  estimates  of  the  Board  of  Education  presented  to  said  Board  of 
Estimates  shall  be  presented  to  the  Common  Council  on  or  before  the  sec- 
ond Monday  of  September  in  each  year:  And  provided  further,  that  the 
Common  Council  may  make  such  change,  either  by  adding  to  or  deducting 
therefrom  any  item  or  items  made  by  said  Board  of  Estimates  as  it  may. 
after  careful  examination,  determine  to  be  necessary  in  the  interest  of  the 
City  of  Grand  Rapids. 

ESTIMATES    AS    APPROVED    BY    COMMON    COUNCIL    TO    BE    USED    BY    SEV- 
ERAL BOARDS  AND  OFFICERS  OF  THE  CITY  FOR  PURPOSES 
DESIGNATED. 

(Sec.  414.)  Par.  7.  The  various  estimates  as  finally  approved  by  the 
Common  Council  and  carried  into  its  budget  for  the  current  year,  either  for 
the  general  objects  and  purposes  of  the  city  government  or  for  school  pur- 
poses, and  the" taxes  raised  thereon,  shrill  be  used  by  the  several  municipal 
lioards  and  officers  of  the  city  for  the  several  purposes  designated  in  the 
budget,  and  in  no  other  way,  unless  specially  authorized  so  to  do  by  sub- 
sequent action  of  the  Common  Council. 


124 


TITLE  XIV. 
BOARD  OF  EDUCATION. 

CITY    A    SCHOOL    DISTRICT. 

(Sec.  419.)  Par.  i.  The  City  of  Grand  Rapids,  a.s  it  may  from  time 
to  time  exist,  shall  constitute  and  be  one  school  district.  The  Board  of 
Education  of  said  city  shall  be  its  school  board.  In  all  respects  where  not 
modified  by  this  act,  such  district  and  such  board  shall  be  subject  to  and 
governed  liy  the  general  school  laws  of  this  State  from  time  to  time  in 
force. 

THE  BOARD— HOW  CONSTITl'TKD  AND  CHOSKN. 

(Sec.  420.)  Par.  2.  The  Board  of  Education  shall  consist  of  nine 
members.  The  nine  members  constituting  the  first  board  hereunder  shall 
be  elected  at  the  time  of  the  charter  election  of  April,  1906.  The  City  of 
Grand  Rapids  shall  be  divided  into  three  school  election  districts,  each  of 
such  districts  shall  elect  from  the  resident  school  electors  thereof  thesp 
members  of  said  board.  The  first  district  shall  consist  of  all  that  part  of 
the  City  of  Grand  Rapids  west  of  the  center  of  Grand  River:  the  second 
district  shall  consist  of  all  that  part  of  the  said  city  east  of  the  center  of 
said  Grand  River  and  lying  north  of  the  center  of  Fulton  street,  extended 
from  the  center  of  Grand  River  easterly  to  the  city  limits,  and  the  third 
district  shall  consist  of  all  that  part  of  the  City  of  Grand  Rapids  lying  east 
of  Grand  River  and  south  of  the  center  line  of  Fulton  street  extended  from 
the  center  of  said  river  easterly  to  the  city  limits.  The  term  of  office  of 
said  members  of  the  Board  of  Education  shall  commence  on  the  first  Mon- 
day in  May  in  each  j-ear  and  continue  until  a  successor  is  elected  and 
qualified.  The  members  of  the  first  board  in  each  district  at  its^first  meet- 
ing shall  by  lot  determine  which  one  of  its  members  shall  serve  one  year, 
which  one  serve  two  years  and  which  one  serve  three  years,  and  their  terms 
shall  be  accordingly.  At  the  time  of  each  annual  charter  election  there- 
after members  of  the  board  shall  be  chosen  in  each  school  election  district 
to  fill  the  positions  of  those  whose  terms  expire.  Three  years  shall  be  the 
term  of  each  member  chosen  after  the  first  election.  Members  of  said 
board  shall  receive  no  compensation  for  their  services. 

XO>IIX.\TION  AND  ELECTION— BAI.LOTS — QUALIFICATIONS  OF  ELECTORS. 

(Sec.  421.)  Par  3.  Any  qualified  school  elector  of  the  city  shall  be 
eligible  to  be  chosen  as  a  board  member,  and  if  duly  registered  hereunder 
to  vote  for  a  board  member  at  such  election.  Every  person  shall  be  entitled 
to  vote  at  such  election  who  is  a  qualified  elector  of  the  City  of  Grand 
Rapids,  and  all  other  persons  who  are  21  years  of  age  and  who  shall  have 
resided  in  the  ward  or  precinct  in  which  he  or  she  offers  to  vote  at  least 
twenty  days  next  preceding  such  election  and  who  is  either  the  parent  or 
legal  guardian  of  any  child  or  children  included  in  the  school  census  of 
said  city  next  preceding  such  election,  or  who  has  or  had  property  liable 
to  assessment  in  said  city  within  a  year  preceding  such  election.  Nomina- 
tions shall  be  by  petition  signed  by  not  less  than  one  hundred  duly  qualified 
school  electors,  residents  of  the  school  election  district  in  which  the  candi- 


date  proposes  to  stand,  which  position  shall  be  filed  with  the  city  clerk  at 
least  ten  days  before  election.  No  petition  which  does  not  have  such  num- 
ber of  signatures,  residents  as  aforesaid  shall  constitute  a  valid  nomina- 
tion. At  the  same  time  and  in  the  same  general  manner  provided  with 
reference  to  the  charter  election  the  election  commissioners  shall  prepare 
and  have  printed  an  ofificial  ballot,  on  which  shall  be  placed  the  names  of 
all  who  have  been  duly  nominated  for  members  of  said  board.  In  printing, 
the  names  shall  first  be  arranged  alphabetically  and  the  first  one  hundred 
printed  accordingly ;  then  the  name  at  the  top  shall  be  put  at  the  bottom 
for  printing  the  second  one  hundred,  and  a  corresponding  change  shall  be 
made  with  each  succeeding  one  hundred  printed.  The  election  shall  be  by 
separate  ballot  in  a  separate  box,  but  at  the  same  time  and  place  as  the 
charter  election  ;  and  shall  be  conducted  by  the  same  inspectors,  canvassed, 
reported  and  considered  and  treated  as  a  part  of  such  charter  election  in 
all  particulars  not  otherwise  specified.  Voting  or  atempting  to  vote  for 
board  members  at  such  election  by  one  not  legally  entitled  to  vote  therefor 
shall  constitute  the  same  offense,  and  shall  be  prosecuted  and  punished  in 
the  same  manner  as  casting  or  attempting  to  cast  any  illegal  vote  at  a 
charter  election. 

REOISTRATIOX. 

(Sec.  422.)  Par.  4.  No  elector  not  registered  as  provided  herein 
shall  be  entitled  or  permitted  to  vote  at  such  election  for  board  members 
(except  that  votes  may  be  sworn  in  as  is  permitted  by  law  at  a  general  elec- 
tion.) The  same  registration  required  or  provided  for  a  charter  election 
shall  be  sufficient  registration  for  this  school  election.  In  addition  thereto 
the  registration  boards  shall  be  provided  with  separate  books  for  registra- 
tion of  school  electors  who  are  not  general  electors.  Before  registering 
any  name  therein  the  registration  board  shall  be  reasonably  satisfied  that 
the  applicant  for  registration  is  a  duly  qualified  school  elector.  Such  regis- 
tration shall  in  all  respects  not  herein  specified,  be  conducted  in  the  same 
manner  as,  and  as  a  part  of,  the  registration  required  or  provided  for  with 
reference  to  charter  elections. 


PRESENT    BOARD    TO    C'ONTIXrE. 

(  Sec.  423.)  Par.  ^.  This  act  shall  not  take  effect  until  the  commence- 
ment of  the  term  of  office  of  the  first  board  chosen  hereunder,  excepting 
as  to  the  provisions  regarding  the  nomination,  registration  and  election 
pertaining  to  the  choice  of  such  first  board  hereunder,  which  provisions 
shall  become  operative  so  as  to  apply  to  and  govern  such  registration, 
nomination  and  election.  In  the  meantime  and  until  the  first  Monday  of 
May,  1906,  the  laws  existing  at  the  time  of  the  passage  of  this  act  shall 
continue  in  full  force,  except  that  the  term  of  office  of  all  school  trustees 
in  said  city,  whether  now  holding  office  or  hereafter  to  be  elected,  shall 
terminate  on  the  said  first  Monday  of  May,  1906,  their  election  for  a  longer 
period  notwithstanding. 


ORGANIZATION    OF   BO.\RD. 

(Sec.  424.)  Par.  6.  The  city  clerk  within  the  time  specified  for  serv- 
ing notices  upon  officials  elected  at  a  municipal  election  shall  serve  notice 
upon  each  member  of  said  board  elected  at  said  election.  On  the  first 
^vlonday  of  May  in  each  year  the  board  shall  organize  for  the  ensuing  year 
l)y  electing  its  officers  herein  provided. 


VACANCIES. 

(Sec.  425.)  Par.  7.  If  any  person  duly  elected  fails  to  take  the  oath 
of  office  within  tlie  time  limited,  or  if  any  member  during  his  term  shall 
die,  or  become  mentally  incompetent,  or  resign  or  lose  residence  in  the 
district  from  which  he  was  elected,  a  vacancy  shall  thereby  exist,  which 
vacancy  shall  be  filled  by  election  from  such  district  by  a  majority  of  the 
remaining  members  of  the  board,  for  the  remainder  of  the  current  year, 
and  at  the  next  election  the  vacancy  shall  be  filled  by  nomination  for  the 
remainder  of  the  term  of  the  former  member.  If  any  member  of  said 
board  shall  be  found  guilty  in  his  office  of  wilful  acts  of  misfeasance  or 
nonfeasance,  specific  charges  may  be  filed  with  the  secretary  of  said  board, 
and  the  said  board  by  a  vote  of  two-thirds  of  the  members  thereof  may 
remove  such  official  from  his  position  as  trustee  and  declare  the  same 
vacant,  which  vacancy  shall  be  filled  for  the  remainder  of  his  term  in  the 
manner  above  provided. 


POWERS— A   BODY   CORPORATE. 

(Sec.  426.)  Par.  8.  The  said  Board  of  Education  shall  be  a  body 
corporate  under  the  name  and  style  "The  Board  of  Education  of  the  City 
of  Grand  Rapids,"  and  under  that  name  may  sue  and  be  sued,  and  may 
take,  hold,  sell  and  convey  real  and  personal  property  including  property 
received  from  gift,  devise  or  bequest,  all  as  the  interest  of  said  schools  and 
the  property  and  welfare  of  said  school  district  may  require.  Said  Board 
of  Education  chosen  pursuant  to  this  act  shall  be  and  is  the  same  body 
corporate  now  existing  under  the  same  name,  and  shall  be  vested  with  the 
title  to  all  property,  real  and  personal  now  or  hereafter  vested  in  the  Board 
of  Education ;  and  the  indebtedness  and  obligations  of  the  present  board 
shall  become  and  be  the  indebtedness  of  the  board  chosen  under  this  act. 
It  shall  have  power  to  purchase  all  property,  erect  and  maintain  all  build- 
ings and  purchase  all  personal  property,  to  employ  and  pay  all  persons  and 
do  all  other  things  in  its  judgment  necessary  for  the  proper  establishment, 
maintenance,  management  and  carrying  on  of  the  public  schools  of  the  city 
or  other  property  of  the  district,  and  to  adopt  by-laws,  rules  and  regulations 
for  its  own  government  and  for  the  control  and  management  of  all  schools 
and  property.  It  shall  not  have  power  to  raise  money,  borrow  money  or 
incur  indebtedness,  except  in  the  manner  herein  snecified. 


OFFICERS   AND   THEIR   DUTIES. 

(Sec.  427.)  Par.  9.  The  officers  of  the  board  shall  be  a  president, 
vice-president,  secretary  and  treasurer.  The  city  treasurer  shall  be  cx- 
ofhcio  treasurer  of  the  board.  The  president  and  vice-president  shall  be 
elected  each  year  for  terms  of  one  year,  from  among  the  members  of  the 
board,  by  a  majority  vote  thereof.  The  secretary  shall  not  be  a  member 
of  the  board.  The  president,  vice-president  and  secretary,  respectively, 
shall  perform  such  duties  as  may  be  prescribed  in  the  by-laws,  rules  and 
regulations  of  the  board.  They  shall  also  be  required  to  give  bond  for  the 
faithful  performance  of  their  duties  in  such  manner  and  form  as  may  be 
prescribed  by  such  rules  and  by-laws.  The  treasurer  shall  have  the  keep- 
ing of  all  moneys  belonging  to  the  school  district,  and  shall  pay  out  the 
funds  of  the  board  only  upon  orders  in  the  manner  in  this  act  specified. 
The  city  attorney  shall  be  the  legal  adviser  of  said  board  and  represent  it 
in  all  litigation. 


->UEETINGS. 


(Sec.  428.)  Par.  10.  Regular  meetings  of  the  board  shall  be  held  at 
least  once  in  each  month  at  such  time  and  place  as  may  be  fixed  by  the 
by-laws  of  the  board.  Special  meetings  may  be  called  and  held  in  such 
manner  and  for  such  purposes  as  may  be  specified  in  such  by-laws. 

THE    FISCAL   YEAR. 

(Sec.  429.)  Par.  11.  The  fiscal  and  accounting  year  shall  commence 
with  the  first  day  of  July  in  each  year. 

REVENUES— SCHOOL   T.4XES— TAX   Li:*IIT. 

(Sec.  430.)  Par.  12.  The  board  shall  annual!)-,  on  the  third  Monday 
in  August  of  each  year,  make  an  estimate  of  the  amount  of  taxes  deemed 
necessary  for  the  ensuing  year  for  all  purposes  of  expenditures  within  the 
power  of  said  board,  which  estimates  shall  specify  the  amounts  required 
for  the  difi^erent  objects,  and  shall  transmit  such  estimate  to  the  Common 
Council  and  Board  of  Estimates  on  or  before  the  fourth  Monday  in 
August  for  ratification,  amendment  or  rejection.  If  for  any  reason  the 
Common  Council  shall  fail  to  pass  on  said  estimate  and  finally  adopt  the 
same  after  such  amendment,  increase  or  decrease,  as  it  determines  before 
the  first  Monday  in  October  in  each  year,  then  the  estimate  made  by  such 
board  shall  stand  as  approved  and  be  considered  as  approved  and  ratified 
by  said  council  and  reported  accordingly,  and  the  amount  therein  named 
levied  and  collected  accordingly.  On  or  before  the  first  Monday  in  October 
in  each  year,  the  secretary  of  the  board  shall  make  to  the  clerk  of  Kent 
County  a  written  report  of  the  amount  of  taxes  so  deemed  necessary  and 
approved  or  standing  approved  by  said  council ;  and  the  said  county-  clerk 
shall  thereupon  apportion  the  said  amount  among  the  several  wards  of  the 
city,  and  shall  notify  the  proper  assessing  officers  of  said  city  of  said  appor- 
tionment, and  the  said  amount  so  apportioned  shall  be  levied,  assessed, 
collected  or  returned  the  same  as  other  city  taxes.  No  greater  sum  than 
five  mills  on  the  dollar  shall  be  levied  for  school  purposes  in  any  one  year. 
That  for  purchasing  school  lots,  for  erecting  school  houses  and  for  the  pay- 
ment of  school  bonds  issued  for  such  purposes  no  greater  sum  than  five 
mills  on  a  dollar  of  all  taxable  real  and  personal  property  of  the  said  city 
shall  be  levied  in  any  one  year. 


BORROWING   MONEY. 

(Sec.  431.)  Par.  13.  The  board  may  from  time  to  time,  on  such  terms 
as  it  may  deem  proper,  borrow  for  temporary  school  purposes  not  to 
exceed  $30,000,  total  outstanding  unpaid  at  any  one  time,  and  may  give  the 
note  or  bonds  of  the  board  therefor,  which  shall  be  paid  from  the  first 
school  moneys  collected  thereafter.  For  the  purpose  of  purchasing  sites, 
or  erecting  buildings,  or  both,  the  board  may  borrow  such  sums  of  money 
as  it  may  deem  necessary,  and  may  issue  and  sell  its  bonds  therefor,  upon 
such  rate  of  interest  and  for  such  time  and  in  such  amounts  as  it  may  think 
proper,  and  in  such  form  and  with  bonds  and  coupons  signed  and  counter- 
signed in  such  manner  as  it  may  by  resolution  direct ;  but  the  action  of  the 
board  authorizing  such  loan  shall  first  be  submitted  to  the  Common 
Council  for  approval,  and  no  such  issue  of  bonds  shall  be  valid  unless  the 
proposal  to  issue  the  same  shall  have  been  approved  by  a  majority  vote  of 
the  members  elect  of  tb.e  Common  Council.  No  bonds  shall  be  sold  for 
less  than  par  or  bear  more  than  h\e  per  cent,  interest  or  run  for  more- 
than  twenty  years. 

12S 


CLAI3IS    AND    DEMANDS. 

(Sec.  432.)  Par.  14.  All  demands  and  claims  against  the  board  shall 
be  allowed  by  the  board  under  such  rules  and  regulations  as  it  may  establish 
and  shall  thereupon  be  certified  to  the  city  comptroller  for  payment.  Pay- 
ment of  the  same  shall  be  made  by  the  city  treasurer  out  of  the  funds  of 
the  board  in  the  same  manner,  as  near  as  may  be.  that  claims  against  the 
city  are  paid  out  of  the  general  city  treasury.  The  city  comptroller  is 
Iiereby  made  ex-officio  auditor  of  the  Board  of  Education,  with  such 
powers  and  duties  in  that  respect  as  may  be  conferred  upon  him  by  the  city 
charter. 

SUPKRINTENDENT— BUSINESS    MANAGER— THEIR    POWERS. 

(Sec.  433.)  Par.  15.  The  board  shall  have  power  to  elect  for  such 
term,  not  exceeding  three  years,  as  it  may  determine,  a  superintendent  of 
schools  and  a  business  manager,  and  to  fix  the  salaries  thereof  and  to  re- 
move either  of  them  notwithstanding  that  the  term  of  office  has  not 
expired  upon  the  concurring  vote  of  two-thirds  of  all  of  the  members  of 
said  board.  It  may  delegate  to  such  superintendent  and  business  manager 
the  executive  management  and  control  of  the  educational  department  and 
tlie  management  and  control  of  purchases,  building  contracts,  and  all  other 
l)usiness  matters,  to  the  superintendent  and  manager,  respectively,  in  so  far 
and  to  such  extent  as  it  may  from  time  to  time  determine. 

PITBLICATION. 

(Sec.  434.)  Par.  16.  AW  proceedings  and  official  action  of  the  board 
shall  be  printed  and  published  immediately  after  such  meeting  in  such 
manner  as  the  board  shall  decide.  It  shall  cause  to  be  made  at  the  end  of 
each  fiscal  year  and  to  be  published  in  connection  with  other  city  reports, 
a  complete  report  of  its  receipts,  expenditures  and  of  general  school 
statistics. 

>IISCELI,ANEOUS. 

(Sec.  435.)  Par.  17.  The  board  shall  provide  for  taking  the  school 
census  required  by  law.  It  shall  receive  the  fines  devoted  by  law  to  the 
maintenance  of  district  or  school  libraries,  and  shall  devote  the  same  to 
that  purpose  by  paying  the  same  to  the  library  commission  of  the  City  of 
'  Grand  Rapids. 


(Sec.  436.)  Par.  18.  Within  twenty-four  hours  after  its  passage,  the 
president  or  acting  president  of  the  board  may  veto  any  action  thereof  by 
filing  in  the  office  of  the  secretary  of  the  board  his  reasons  therefor,  m 
writing,  and  the  same  thereupon  shall  not  go  into  effect  or  have  any  legal 
operation  until  after  it  may  be  repassed  at  a  subsequent  meeting  of  the 
board  by  a  vote  of  two-thirds  of  all  the  members  thereof.  No  action  of  the 
board  shall  go  into  operation  until  the  expiration  of  twenty-four  hours 
after  its  passage  unless  the  president  or  acting  president  shall  sooner  file  in 
writing  with  the  secretary  his  approval  thereof. 

REPEAL. 

(Sec.  437.)  Par.  19.  All  acts  and  parts  of  acts  in  any  wise  contraven- 
ing the  provisions  of  this  act 


shall  be  and  are  from  and  after  the  time  this  act  goes  into  effect  according 
to  its  terms,  repealed. 

129 


TITLE  XV. 
BOARD  OF  LIBRARY  COMMISSIONERS. 

ELiECTIOX. 

(Sec.  442.)  Par.  i.  At  the  annual  charter  election  next  succeed- 
ing the  passage  of  this  act  there  shall  be  elected  in  the  city  ot  Grand 
Rapids  one  library  commissioner  to  hold  office  for  five  years  and  until 
his  successor  is  elected  and  qualified.  At  each  annual  election  one 
library  commissioner  shall  be  elected  to  hold  office  for  five  years  and 
until  his  successor  is  elected  and  qualified.  Notice  of  the  election  of 
such  comniissioners  shall  be  given  in  the  same  manner  as  that  of  other 
city  officials. 

ME3IBERS    OF— CONTROL    OF    LIBRARIES— ART    GALLERY,    ETC. 

(Sec.  443.)  Par.  2.  The  five  library  commissioners  so  elected 
with  the  superintendent  of  schools,  and  their  successors,  shall  con- 
stitute the  Board  of  Library  Commissioners  of  the  city  of  Grand 
Rapids,  the  superintendent  of  schools  having  the  same  right  to  vote  on 
any  matter  coming  before  the  board  as  the  other  members  thereof. 
Such  board  shall  have  the  entire  management  and  control  of  the  so- 
called  public  library  of  said  city,  being  the  district  library,  and  of  all 
property  and  assets  belonging  thereto  real  or  personal,  the  title  to 
which  is  now  vested  in  the  Board  of  Education,  and  which  is  devoted 
to  or  intended  for  library  purposes,  also  of  all  property  now  or  here= 
after  belonging  to  the  city  and  intended  for  or  devoted  to  an  art  gal- 
lery or  similar  purposes. 

CONTROL  OF  MUSEUM  AND  PROPERTY  OF  KENT  SCIENTIFIC  INSTITUTE. 

(Sec.  444.)  Par.  3.  The  said  Board  of  Library  Commissioners 
shall  have  the  management,  control  and  custody  of  the  museum  now 
under  the  control  and  direction  of  the  Board  of  Education,  including 
that  part  of  the  same  that  was  transferred  to  the  Board  of  Education 
by  the  Kent  Scientific  Listitute  and  subject  to  the  reservation  to  the 
said  Kent  Scientific  Institute  in  the  transfer  by  it  made  to  the  Board 
of  Education  of  said  city,  and  of  the  propertj^  and  assets  belonging 
thereto  real  or  personal  intended  for  or  used  in  connection  with  the 
museum  of  said  city,  and  of  all  property  now  or  hereafter  belonging 
to  or  used  in  connection  with  said  museum. 

ELECTION,   ETC. 

(Sec.  445.)  Par.  4.  The  election  of  members  of  said  board  shall 
be  upon  a  separate  ballot  and  in  a  separate  box  from  all  other  offices 
or  questions  voted  upon.  All  persons  eligible  to  vote  for  school 
officers  shall  be  eligible  to  vote  for  library  commissioners.  The  result 
of  the  vote  shall  be  canvassed  and  declared  in  the  same  manner  as 
in  the  case  of  city  officers.  Except  as  herein  otherwise  provided  the 
election  of  library  commissioners  shall  be  governed  by  the  same  rules 
as  the  election  of  members  of  the   Board  of  Education. 

130 


WHO   EI.KJIBLK  TO    KI.ECTION   AS   LIBRARY  COM3IISSIOXKR. 

(Sec.  446)  Par.  5.  Any  qualified  voter  at  school  elections  in  the 
city  shall  be  eligible  to  election  as  library  commissioner.  Nomina- 
tions shall  be  made  in  the  same  manner  as  nominations  for  members 
of  the  Board  of  Education,  excepting  that  city  at  large  shall  be  the 
election   district. 

VACANCIES. 

(Sec.  447.)'  Par.  6.  In  case  of  the  death,  resignation  or  removal 
from  the  city  of  any  commissioner  his  position  shall  become  vacant 
and  the  vacancy  shall  be  filled  by  election  by  the  remainder  of  the 
board,  but  for  a  term  continuing  only  until  the  next  charter  election, 
at  which  time  his  successor  for  the  unexpired  term  shall  be  nominated 
and  elected  in  the  manner  herein  provided. 

0R(;AXIZATI0X    of    board— city    treasurer    CUSTODIAN    OF    FUNDS— 
ALLOWANCE  OF  BILLS. 

(Sec.  448.)  Par.  7.  No  member  of  such  board  shall  receive  any 
compensation  w^hatever  for  his  services  in  connection  therew^ith.  An- 
nually on  the  first  Monday  of  May  the  board  shall  organize  by  elect- 
ing one  of  its  members  president  and  one  of  its  members  secretary. 
The  city  treasurer  of  the  city  of  Grand  Rapids  shall  hold  the  funds  of 
said  library  commission  and  all  bills  incurred  by  it  shall  be  allowed 
by  said  board  and  certified  by  it  to  the  city  comptroller  to  be  allow^ed 
by  the  Common  Council  and  paid  from  the  library  fund. 

EMPLOY-MENT    OF    LIBRARIAN,    ETC.— SALARIES. 

(Sec.  449.)  Par.  8.  The  board  may  employ  in  its  management  of 
said  library,  such  librarian,  assistants,  janitors  and  other  employees  or 
workmen  as  it  may  determine,  and  fix  their  salaries.  It  may  purchase 
such  books,  charts,  maps,  and  apparatus  for  the  use  of  the  library  as 
it  may  find  necessary  and  may  do  every  act  and  thing  necessary  to 
maintain  the  library  building  and  grounds  and  increase  the  usefulness 
of  such  library.  For  this  purpose  it  may  establish  and  from  time  to 
time  alter,  amend  or  repeal  such  rules  and  regulations  in  any  manner 
not  inconsistent  with  this  act.  Said  board  may  also  employ  a  super- 
intendent or  director,  assistants,  janitors  and  such  other  employees  for 
the  purpose  of  managing  and  caring  for  the  said  museum,  and  may 
fix  their  salaries. 

FINES  AND  PENALTIES  TO  GO  TO  LIBRARY. 

(Sec.  450.)  Par.  g.  All  fines  and  penalties  which  by  law  are  de- 
voted to  library  purposes  and  which  now  by  law  are  paid  to  the  Board 
of  Education  for  such  purposes  shall  instead  thereof  be  paid  to  the 
board  created  by  this  act,  unless  the  Board  of  Education  shall  direct 
such  fines  and  penalties  to  be  devoted  to  other  lawful  purposes. 

GIFTS   TO  BOARD  FOR  LIBRARY%   ART  GALLERY   OR  MUSEUIH  PURPOSES. 

(Sec.  451.)  Par.  10.  Said  Board  of  Library  Commissioners  is 
hereby  authorized  to  receive  gifts,  devises  or  bequests  either  of  real 
or  personal  estate  as  trustees  for  the  Board  of  Education,  either  for 
the  library  or  any  matters  connected  therewith,  the  art  gallery,  or  for 
the  museum,  and  the  said  board  is  herebj'  authorized  to  carry  out  in 
connection  with  any  such  gifts  any  trusts  or  trust  conditions  that  may 
be  attached  thereto  in  the  same  manner  as  any  other  trustee.  All  such 
gifs,   devises   and   bequests   for   the   benefit   of  either   said   library,   art 

131 


gallery,  or  museum,  shall  be  subject  to  the  same  control  and  manage- 
ment by  the  said  Board  of  Library  Commissioners  as  the  original 
library,  art  gallery,  or  museum  committed  to  its  care. 

FUNDS  FOR  SUPPORT   OF   OBUAKY,   ETC. 

(Sec.  452.)  Par.  11.  There  shall  be  placed  in  the  budget  annually 
for  the  support  of  the  library  and  the  running  expenses  thereof  two- 
fifths  of  a  mill  on  a  dollar  of  the  assessed  value  of  the  property  of  the 
city  of  Grand  Rapids,  and  such  further  sum  as  may  be  determined  by 
the  common  council  in  making  up  its  budget  from  year  to  year.  There 
shall  also  be  placed  in  the  budget  for  the  purpose  of  creating  a  separ- 
ate fund  such  amount  as  may  be  found  necessary  by  the  Common 
Council  for  the  care  and  management  of  the  said  museum.  The  Com- 
mon Council  may  provide  from  time  to  time  temporarily  funds  for  the 
purposes  of  such  board  in  such  manner  and  in  such  amount  as  it  deter- 
mines  to   be  necessary. 

REPORTS  TO  COMMON  COUNCIL. 

(Sec.  453.)  Par.  12.  Annually  on  the  first  day  of  April  the  board 
shall  present  to  the  Common  Council  its  report  containing  a  full 
financial  statement  of  all  moneys  received  and  the  details  of  the  expen- 
ditures of  the  same,  both  for  the  management  and  control  of  the 
library,  art  gallery,  and  of  the  museum,  and  such  facts  regarding  the 
librarjr,  art  gallery,  and  museum,  and  recommendations  concerning 
the  same  as  the  said  board  shall   deem  proper. 

ENFORCEMENT  OF  RIGHTS,  ETC. 

(Sec.  454.)  Par.  13.  Whenever  necessary  for  the  enforcement 
of  the  powers,  rights  and  privileges  conferred  upon  said  board  it  may 
in  the  name  of  the  city  of  Grand  Rapids  institute  in  any  court  of  com- 
petent jurisdiction  an  action  at  law  or  equity  to  enforce  or  protect  the 
property  placed  in  its  charge  or  the  powers  and  privileges  hereby  giveu 
to  such  board. 


132 


TITLE  XVT. 
MISCELLANEOUS   PROVISIONS. 

POWEIi  OF  MAYOR  AXD  MEMBERS   OF  COUNCIL  TO  ADMINISTER  OATHS. 

(Sec.  459.)  Par.  i.  The  mayor  or  .chairman  of  any  general  or 
special  committee  of  the  Common  Council  shall  have  power  to  admin- 
siter  an  oath  or  affirmation  to  a  person  testifying  in  respect  to  any  mat- 
ter pending  before  the  Common  Council  or  before  any  such  committee. 
He  shall  also  have  power  to  administer  the  requisite  oath  or  affirma- 
tion to  a  person  subscribing  an  affidavit  in  respect  to  any  such  matter. 

PERJURY. 

(Sec.  460.)  Par.  2.  Any  person  who  may  be  required  to  take  any 
oath  or  affirmation  under  or  by  virtue  of  any  provision  of  this  act  who 
shall  under  such  oath  or  affi.rmation  in  any  statement  or  affidavit  or 
otherwise  wilfully  swear  falsely  as  to  any  material  fact  or  matter,  shall 
be  guilty  of  perjury  and  liable  to  the  punishment  thereof. 

CORPORATION  FINDS— CLASSIFICATION  OF— TK.4lNSFER  OF,  ETC. 

(Sec.  461.)  Par.  3.  The  revenues  and  moneys  of  the  corporation 
shall  be  divided  into  the  following  funds,  to  wit: 

First.  General  fund,  which  shall  be  devoted  to  the  payment  of 
expenses  of  the  city,  for  which  no  provision  is  herein  otherwise  made, 
with  the  right  to  transfer  any  part  thereof  to  any  other  fund. 

Second.  Contingent  fund,  to  defray  the  contingent  expenses  of 
said  city,  with  the  right  to  transfer  the  same  or  any  part  thereof  to 
the  general  fund,  or  for  such  other  purposes  as  the  Common  Council 
may  determine. 

Third.  Sinking  funds,  to  pay  the  funded  debts  and  interest  there- 
oji  of  said  city  and  the  Board  of  Education. 

Fourth.  Fire  department  fund,  to  defray  the  expenses  of  purchas- 
ing lots,  erecting  engine  houses  thereon,  purchasing  engines  and 
other  fire  apparatus,  and  all  other  expenses  necessary  to  operate  and 
maintain  the  fire  department  of  said  city. 

Fifth.  The  Poor  fund,  to  defray  the  expenses  of  providing  for  and 
taking  care  of  the  poor  of  said  city. 

Sixth.  Highway  funds,  to  defray  the  expense  of  cleaning  and 
sprinkling  the  streets,  highways,  lanes,  alleys,  pavements  and  cross- 
walks of  said  city  and  for  repairing  the  graveled  or  unimproved 
streets. 

Seventh.  Sewer  fund,  to  defray  the  expense  of  cleaning  and  keep- 
ing in   repair  the  sewers  of  said  city. 

Eighth.  The  Public  Building  fund  for  the  purchasing  of  any  real 
estate,  for  the  erection  thereon  of  any  public  buildings,  and  to  defray 
the  expenses  of  erecting,  repairing  and  preserving  such  public  build- 
ings as  the  Common  Council  is  authorized  to  erect  and  maintain. 

133 


Ninth.     Superior  Court  fund  to  maintain  the  Superior  Court. 

Tenth.  Such  other  funds  as  the  Common  Council  may  constitute 
for  special  purposes  not  inconsistent  with  nor  to  be  taken  from  any 
of  the  funds  above  constituted  or  raised,  unless  from  the  general  or 
contingent  fund,  and  the  said  Common  Council  is  prohibited  from 
transferring  any  money  whatever  from  any  of  the  special  funds  above 
constituted  or  raised,  except  for  the  purposes  as  in  this  charter  stated: 
Provided,  That  by  a  tive-si.xths  vote  of  all  the  members  of  the  Com- 
mon   Council   a   transfer   may   be   made   temporarily   from   one   special 


fund   to   another  or   to   the   general    fund. 


UNUSED  SUM  OF  MONKV  LKFT  IN  FUNDS  TO  BE  TK.\NSFEKKED  TO 
(.ENEKAT.  FUND. 

(Sec.  462.)  Par.  4.  Whenever  there  shall  be  found  in  the  treasury 
of  said  city  any  sum  of  money  not  otherwise  appropriated,  or  when- 
ever any  fund  of  said  city  shall  contain  a  balance  after  all  legal  de- 
mands against  it  have  beeji  satisfied,  the  same  shall  be  transferred  to 
the  general  fund  bv  the  Common  Council.     . 


CLAIMS  FOR  DAMAGES. 

(Sec.  463.)  Par.  5.  If  any  claim  for  unlitiuidated  damages  is 
made  against  said  city  for  injuries  to  persons  or  property  by  reason  of 
any  defects  in  the  sidewalks,  streets,  highways,  cross-walks,  bridges, 
alle3's,  courts,  public  "grounds  or  public  places  in  said  city,  or  by  reason 
of  any  negligence  on  the  part  of  said  city,  or  said  city  officials,  or  its 
employes,  in  any  public  work  in  which  it  or  they  are  engaged,  op  any 
claim  is  made  against  said  city  in  an  action  of  tort,  the  claimant  in 
such  cases  shall  present  the  same  to  the  Common  Council  within  sixty 
days  after  the  injury  or  wrong  occurred,  which  claim  shall  state  the 
place  where  such  injury  or  wrong  was  received,  the  names  of  claim- 
ant's witnesses  concerning  the  same,  then  known  to  claimant,  a  de- 
scription of  the  injury  sustained,  and  a  succinct  statement  of  the  facts 
constituting  such  claimant's  demands  against  said  city,  and  any  further 
st.ntement  that  may  be  required  by  said  Common  Council,  and  if  said 
claim  arises  from  injury  received  by  reason  of  any  defect  in  the  side- 
walks, streets,  highways,  bridges,  alleys,  courts,  public  grounds  or 
public  places  in  said  city,  or  public  works  in  which  the  said  city  or  its 
officials  are  engaged,  the  claimant  who  alleges  injury  thereon  shall  give 
notice  to  the  city  by  a  written  statement  tiled  with  the  city  clerk 
within  ten  days  of  the  time  of  said  injury,  specifying  the  location  upon 
the  street,  alley,  lane,  highway,  sidewalk,  crossvv'alk,  bridge,  court, 
public  place  or  public  ground,  or  public  works  where  the  same  was 
received,  and  the  general  character  of  the  alleged  defect  claimed  to 
have  existed  resulting  in  the  injury  of  claimant;  said  preliminary 
notice  not  to  take  the  place  of  the  specific  notice  herein  required  to  be 
filed  within  sixty  daj^s.  If  required  bj^  the  Common  Council  or  a  com- 
mittee thereof,  said  claimant  shall  produce  his  witnesses  before  said 
Common  Council  or  committee  and  they  may  be  sworn  and  examined 
as  to  the  nature  of  the  claims,  the  amount  thereof  and  the  particular 
basis  upon  which  they  are  made.  The  Council  or  committee  shall 
have  power  to  subpoena  witnesses  for  such  hearing.  Any  such  claim 
shall  be  void  unless  such  claimant  shall  bring  an  action  against  said 
city  for  such  a  demand  within  a  period  of  one  year  from  and  after  said 
Common  Council  has  had  a  reasonable  time,  not  to  exceed  sixty  days, 
to  investigate  and  pass  upon  such  claim. 

134 


CLAIMS   FOR  DAMA<;ES— BAR  TO  ACTION',   ETC. 

(Sec.  464.)  Par.  6.  It  .shall  be  a  .sufficient  bar  to  any  action  or 
proceeding  brought  in  any  court  for  the  recovery  of  any  such  claim 
against  the  city  that  such  claim  has  never  been  presented  to  the  Com- 
mon Council,  or  notice  thereof  given  either  as  to  the  place  of' injury 
or  of  the  specific  basis  of  the  claim  as  provided  for  in  the  preceding 
section,  within  the  time  therein  limited,  or  that  the  action  or  proceed- 
ing was  brought  before  said  Common  Council,  had  such  reasonable 
time  to  investigate  and  pass  upon  such  claim  as  hereinbefore  pro- 
vided, or  that  such  claimant  did  not  produce  his  witnesses  for  exami- 
nation upon  claim  made,  as  required  by  the  preceding  section,  or  that 
the  action  or  proceeding  was  not  brought  within  the  period  of  one 
year  after  the  time  elapsed  for  the  Common  Council  to  investigate  and 
pass  upon  such  claim  as  hereinbefore  provided. 

EXPENSES   OF   APPREHENDING   CRIMINALS,   ETC.,   TO   BE   PAID   BY   KENT 
COUNTY. 

(Sec.  465.)  Par.  7.  The  expenses  of  apprehending,  examining 
and  committing  offenders  against  laws  of  this  state  in  said  city  and 
their  confinement,  shall  be  audited  and  paid  by  the  supervisors  of  the 
count}^  of  Kent  in  the  same  manner  as  if  such  expenses  had  been  in- 
curred in  any  town  of  the  said  county. 

SUITS  TO  RECOVER  FINES,  ETC. 

(Sec.  466.)  Par.  8.  All  suits  which  shall  be  commenced  to  recover 
an}-  fine,  penalty  or  forfeiture  for  the  violation  of  any  by-law,  ordin- 
ance or  regulation  of  the  Common  Council,  or  of  any  of  the  provisions 
of  this  act,  shall  be  brought  in  the  name  of  the  city  of  Grand  Rapids 
in  anj'  court  having  jurisdiction  thereof. 

NO  PERSON   DISQUALIFIED  AS  JUDGE,  JUROR  OR  WITNESS   BECAUSE   OF 
RESIDENCE  IN   CITY. 

(Sec.  467.)  Par.  9.  No  person  who  is  an  inhabitant  of  the  cit}^ 
and  having  the  other  requisite  qualifications  therefor,  and  not  specially 
exempt  therefrom,  shall  be  disqualified  because  of  such  inhabitancy 
from  acting  as  a  judge,  justice  or  a  juror  in  the  trial  or  other  proceed- 
ings in  any  suit  brought  to  recover  any  such  fine,  penalty  or  forfeiture, 
nor  from  serving  any  process  or  summoning  a  jury  in  such  suit,  nor 
from  acting- in  any  capacity  in  any  proceeding  before  or  during  the 
trial  thereof,  or  in  any  proceeding  after  judgment  therein  taken  to 
carry  such  judgment  into  effect;  nor  shall  any  person  because  of  such 
inhabitancy  be  disqualified  from  being  a  witness  on  the  trial  of  any 
issue  or  upon  the  taking  of  au}^  inquisition  or  assessment,  or  any  inves- 
tigation of  facts  to  which  issue,  inquest  or  investigation  in  au}^  suit 
as  aforesaid,  the  city  or  any  city  or  ward  officer  was  a  party,  or  in 
which  the  city  or  such  ofificer  is  interested. 


PLEADINGS   IN   CERTAIN   CASES. 

(Sec.  468..  Par.  10.  All  of  the  provisions  of  the  preceding  sec- 
tions in  relation  to  the  disqualification  of  any  person  because  of  his 
residence  in  the  city,  shall  apply  to  all  suits  of  whatever  nature,  civil 
or  criminal  buought  in  the  name  of  the  city  of  Grand  Rapids,  or  on  its 
account  or  in  its  behalf. 

135 


PLEADINGS   IN   CERTAIN  CASES. 

(Sec.  469.)  Par.  11.  In  suits  commenced  before  any  justice  of  the 
peace  or  in  any  other  court  for  the  recovery  of  any  fine,  penalty  or 
forfeiture  for  violation  of  any  provisions  of  the  statutes  of  this  state 
or  any  provisions  of  this  act,  or  of  any  by-law,  ordinance  or  regula- 
tion of  the  Common  Council,  it  shall  not  be  necessary  to  tile  any 
declaration  therein  or  to  recite,  or  to  name  any  plea  in  any  writ  or 
process,  but  the  plea  of  the  defendant  shall  be  the  same  as  in  crim- 
inal cases  and  shall  be  to  the  complaint  hied  in  such  suit.  If  upon  the 
trial  of  any  such  suit  the  defendant  is  acquitted,  the  judgment  entered 
shall  show  that  fact,  and  if  convicted  it  shall  show  the  judgment  for 
the  fine,  penalty  or  forfeiture  for  vs'hich  suit  was  brought  and  costs 
therein  and  the  term  of  imprisonment,  if  any,  in  case  of  the  non-pay- 
ment  thereof. 

FINES,  COSTS  AND  IMPBISON3IENT. 

(Sec.  470.)  Par.  12.  Every  execution  for  any  fine,  penalty  or  for- 
feiture recovered  for  the  violation  of  any  of  the  provisions  of  the  sta- 
tutes of  this  state,  or  of  this  act,  or  of  any  by-law,  ordinance  or  regu- 
lation of  the  Common  Council,  may  be  issued  immediately  on  the 
rendition  of  the  judgment  and  shall  command  the  amount  thereof  to 
be  made  of  the  property  of  the  defendant,  if  any  such  can  be  found, 
and  if  not,  then  to  commit  the  defendant  to  the  Kent  County  jail  for 
such  time  as  shall  be  fixed  therein  by  the  court  from  which  such  exe- 
cution was  issued.  It  shall  be  lawful  for  the  officer  receiving  such 
execution  to  take  the  body  of  such  defendant  therein,  unless  such  de- 
fendant shall  point  out  or  deliver  to  such  officer  sufficient  goods  and 
chattels  belonging  to  such  defendant,  liable  to  execution  and  free  from 
all  encumbrances,  to  satisfy  the  same.  The  keeper  of  said  Kent 
County  jail  shall  receive  the  said  defendant  and  keep  him  safely  there- 
in during  the  time  mentioned  in  said  writ  unless  he  shall  sooner  pay 
the  amount  specified  in  such  execution  and  the  cost  of  his  detention. 

PAYMENT  OF  FINES  AND  COSTS  BY  CITY. 

(Sec.  471.)  Par.  13.  No  execution  shall  issue  against  the  city  for 
any  judgment  or  costs  recovered  against  it,  but  the  Common  Council 
shall  allow  and  pay  the  amount  of  anj'  final  judgment  or  costs  which 
may  be  recovered  against  the  city  in  the  same  manner  as  accounts 
are  audited  and  paid  by  the  city. 

PROCESS— HOW  SERVED. 

(Sec.  472.)  Par.  14.  All  process  issued  again-st  said  city  shall  run 
against  the  city  in  the  corporate  name  thereof,  and  such  process  shall 
be  served  by  leaving  a  true  copy  of  the  same  with  the  maj-or  or  clerk 
of   said   city   before   the   day  of  appearance   mentioned   therein. 

DOCUMENTS   TO   BE   USED   AS   EVIDENCE. 

(Sec.  473.)  Par.  15.  All  papers,  books  or  other  records  of  any 
matter  required  by  the  general  statutes  of  this  state,  or  any  of  the 
provisions  of  this  act,  or  by  the  provisions  of  any  by-law,  ordinance, 
resolution  or  regulation  of  the  Common  Council  to  be  kept  in  any  of 
the  several  departments  of  the  municipal  government  of  the  city,  shall 
be  deemed  public  records  of  such  departments,  and  the  same  or  copies 
duly  certified  by  the  custodian  thereof,  shall  be  prima  facie  evidence  of 
their  contents  in  all  suits  at  law  or  in  equity  or  in  any  other  proceed- 
ings where  evidence  of  their  contents  are  required 

136 


ALL,  FEES,  COSTS,  ETC.,  TO  BELONG   TO  CITY. 

(Sec.  474.)  Par.  t6.  All  fees,  costs,  charges,  or  income  of  whal- 
cvcr  nature  collected  by  any  otficer,  agent  or  employee  of  the  city,  by 
virtue  of  his  office  or  employment,  shall  be  deemed  to  belong  to  tiie 
City,  and  shall  be  paid  into  the  city  treasury  without  delay  and  placed 
in   the   general  fund  thereof,  if  not  otherwise  expressly  provided. 

NOT    NECESSARY    FOR   CITY    TO    FILE    BOND. 

(Sec.  475.)  Par.  17.  Whenever  the  city  shall  take  any  proceed- 
ings wherein  bj-  the  statutes  of  the  state  a  bond  is  required  to  be  given, 
or  shall  be  a  pany  to  any  suit  or  proceeding  in  any  court  or  an  appel- 
lant from  any  judgment  or  final  order  of  a  court  wherein  by  the  sta- 
tutes of  the  state,  or  by  the  rules  and  practice  of  the  court  where  such 
suit  or  proceeding  is  to  be  commenced  or  is  pending,  or  is  sought  to 
be  takeii,  a  bond  is  required  to  be  given,  such  statutes  or  such  rules 
and  practice  of  the  court  shall  not  apply  to  said  city,  but  such  pro- 
ceedings n:ay  be  taken  or  such  proceeding  or  suit  brought  in  any 
court,  or  ap;'eal  taken  from  such  final  judgment  or  order,  by  said  city 
without  such  bond  being  entered  into  bv  it. 


NO    OFFICER    OR    EMPLOYEE    OF   CITY    TO    HAVE    ANY    INTEREST    IN    ANY 

WORK,   CONTR.\CT,   PFRCHASE   OR  SALE,   FOR,   WITH,   FROM   OR 

TO   THE  CITY. 

(Sec.  476.)  Par.  18.  No  officer  or  employee  of  the  city  or  of  any 
department  thereof  or  of  the  Board  of  Education  shall  be  a  party  to  or 
directly  or  indirectly  interested  in  or  be  the  beneficiary  of  any  work, 
contract,  purchase  or  sale,  for,  with,  from  or  to  the  city,  or  any  de- 
partment thereof,  including  the  Board  of  Education;  or  to  or  in  an}' 
work,  contract,  purchase  or  sale  with  any  contractor  in  relation  to  anj^ 
work,  contract,  purchase  or  sale,  for,  with,  from  or  to  the  city  or  any 
department  thereof,  including  the  Board  of  Education,  or  in  any  work, 
contract,  purchase  or  sale  in  which  the  city,  including  the  Board  of 
Education,  has  a  direct  or  indirect  pecuniary  interest.  Bids  or  con- 
tracts for  or  purchases  of  any  material,  machinery,  process  or  thing, 
which,  or  the  supply  of  which,  is  controlled  by  one  person  or  company, 
or  which  is  in  any  sense  a  monopoly,  shall  not  be  invited  or  made  by 
or  on  behalf  of  the  city  or  any  department  thereof,  including  the 
Board  of  Education,  or  included  with  other  things  to  be  bid  upon  or 
purchased,  but  must  be  invited  and  made  separately.  Any  contract, 
purchase,  sale  or  bid  made  in  violation  of  the  provisions  of  this  section 
shall  be  absolutely  void  and  of  no  force  or  effect  against  the  city  or  any 
board  or  department  thereof,  including  the  Board  of  Education.  Any 
officer,  member  of  a  board,  or  employe  of  the  city,  or  of  the  Board  of 
.l^ducation  violating  any  of  the  foregoing  provisions  shall  be  forthwith 
deprived  of  his  office  or  employment  under  the  city  government,  if  a 
city  officer,  board  member  or  employe,  pursuant  to  paragraph  10  of 
Title  IL  of  the  city  charter;  if  a  member  of  the  Board  of  Education 
or  of  the  Library  Commission  he  shall  be  removed  by  those  bodies 
under  provisions  substantiallj'  conforming  to  said  paragraph  10  of 
Title  IT.  of  the  said  city  charter. 

REMOVAL  FROxM  OFFICE. 

(Sec.  477.)  Par.  19.  The  mayor  may  remove  any  member  of  any 
appointive  board  at  any  time  for  inefficiency,  inattention  to  his  duties, 
misfeasance  or  malfeasance  in  office,  but  prior  to  the  time  of  such  re- 
moval the  mayor  shall  make  a  written  report  to  the  Common  Council 

137 


setting  forth  in  detail  his  reasons  for  such  removal,  and  said  reinoval 
shall  not  become  effective  until  approved  by  a  vote  of  two-thirds  of 
all  of  the  aldermen  elect  of  the  Common  Council. 


MEANING   OF   TERM   "PAVING"   OK   "PAVEMENT." 

(Sec.  478.)  Par.  20.  Wherever  the  term  "paving''  or  "pavement" 
is  used  in  this  act  or  the  ordinances  of  the  city,  it  shall  be  construed 
to  mean  any  improvement  or  dressing  of  the  streets,  lanes  or  alleys  of 
the  city  consisting  of  asphalt,  brick,  asphalt  block,  concrete,  macadam, 
or  covering  the  same  with  gravel  or  crushed  stone. 

KKJHTS   UNDER   FORMER   CHARTER   TO   REMAIN    INTACT. 

(Sec.  479)  Par.  21.  Nothing  in  this  act  contained  shall  be  con- 
strued to  destro}',  impair  or  in  any  manner  take  away  any  vested  right, 
right  of  action  or  remedy  acquired  or  given  by  any  of  the  provisions 
of  the  charter  of  the  city  hereby  repealed,  but  the  same  shall  be  and 
remain  as  valid  in  every  particular  as  if  said  charter  had  remained  in 
full  force  and  effect  and  this  act  had  not  passed;  and  all  causes  of 
action  arising  under  such  provisions  are  hereby  expressly  preserved 
intact.  All  proceedings,  assessments,  suits  or  prosecutions  of  what- 
ever nature,  civil  or  criminal,  commenced  under  any  of  the  provisions 
of  such  charter  shall  be  carried  on  and  completed  the  same  as  if  such 
charter  was  still  in  force  and  effect.  All  proceedings,  assessments  or 
suits  of  whatever  nature  to  be  conimencod  on  account  of  any  right  or 
remedy  arising  under  any  of  the  iin  ivisii ms  of  such  charter  and  all 
prosecutions  for  any  offence  committed,  or  penalty  or  forfeiture  in- 
curred while  such  charter  was  in  effect,  may  be  commenced  and  en- 
forced in  the  same  manner  in  all  respects  and  with  the  same  effect, 
including  any  sentence  thereunder,  as  if  this  act  had  not  been  passed 
and  such  charter  was  still  the  charter  of  the  city,  and  such  charter 
shall  govern  as  to  such  rights,  remedies,  proceedings  and  punishments 
thereunder. 


THIS    ACT    NOT    TO   AFFECT    ANY   ACTION    TAKEN    BY   COUNCIL    PREVIOUS 
TO  ITS  PASSAGE. 

(Sec.  480.)  Par.  22.  Nothing  in  this  act  contained  shall  be  so  con- 
strued as  to  annul,  impair  or  affect  anj^  ordinance,  b3^-law,  resolu- 
tion or  regulation  of  the  city  adopted  by  the  Common  Council  before 
this  act  shall  have  taken  effect  and  not  inconsistent  with  the  provisions 
of  this  act,  but  the  same  shall  continue  in  full  force  until  amended  or 
repealed  as  completely  as  if  this  act  had  not  been  passed. 

\\A.    OFFICERS    TO    FILE    OUT    THEIR    TERMS    OF    OFFICE. 

(Sec.  481.)  Par.  22,.  All  the  officers  of  the  city  who  may  be  in 
office  at  the  time  this  act  shall  go  into  effect,  unless  otherwise  expressly  pro- 
vided, shall  continue  to  exercise  the  duties  of  their  respective  offices 
for  the  terms  for  which  they  were  elected  or  appointed,  and  until  their 
successors  shall  have  been  elected  or  appointed  and  (\\\\y  qualified. 


i:S 


TITLE  XVII. 
JUSTICE  COURTS. 


jrSTlCES— QVAMFICATION  OF— KLECTION  OF. 

(Sec.  486.)  Par.  i.  There  shall  be  two  justices  of  the  peace  in 
and  for  the  cit}'  of  Grand  Rapids,  who  shall  be  electors  of  the  city 
and  residents  therein.  They  shall  be  attorneys  at  law,  duly  admitted 
to  practice  their  profession  in  the  several  courts  of  this  State  and  thej' 
shall  be  elected  in  the  manner  justices  of  the  peace  are  now  elected  in 
the  cit}',  and  shall  hold  their  offices  until  their  successors  are  elected 
and  qualitied.  The  justices  of  the  peace  now  holding  office  in  said 
cit\'  shall  continue  to  hold  the  same  until  the  expiration  of  their 
respective  terms  and  until  their  successors  are  elected  and  quali.*ied. 
The  hies,  records  and  dockets  appertaining  to  the  offices  of  the  former 
justices  of  the  peace  in  said  city  shall  be  kept  in  the  office  of  the  clerk 
herein  provided  for.  Either  of  the  present  or  future  justices  is  em- 
powered to  issue  an  execution  according  to  law  upon  the  judgments 
appearing  upon  such  dockets,  as  if  such  judgments  had  been  rendered 
by  him. 

Jl  STICKS— WHEN  ELECTED- TERM  OF  OFFICE. 

(Sec.  487.)  Par.  2.  Justices  of  the  peace  in  said  city,  except 
where  they  shall  be  elected  to  Tdl  vacancies,  shall  be  elected  at  the 
annual  charter  elections  held  therein,  and  shall  hold  their  offices  for  a 
terni  of  four  years  from  and  after  the  fourth  day  of  July,  succeeding 
their  election,  and  imtil  their  successors  are  elected  and  qualified. 

ROOMS  FOR  JUSTICE  COIRTS,  ETC. 

(Sec.  488.)  Par.  t..  The  Common  Council  of  the  city  of  Grand 
Rapids  shall  provide  such  .rooms  as  shall  be  suitable  for  the  use  of 
holding  justice  courts  and  for  jury  purposes  and  an  office  for  the  clerk 
of  said  courts,  which  offices  and  rooms  shall  be  as  nearly  contiguous 
to  each  other  as  may  be  found  practicable  by  the  Common  Council 
of  said  city.  The  said  Common  Council  shall  also  provide  the  neces- 
sary furniture,  fixtures,  dockets,  books,  blanks,  stationery,  etc.,  for 
use  in  the  business  of  said  courts  and  for  heating  and  lighting  the 
said  rooms. 

-JISTICES- SAI..ARIES,    FEES,    OFFICF3    HOURS,    ETC. 

(Sec.  489.)  Par.  4.  Each  of  Ihe  justices  of  the  peace  of  the  city 
of  Grand  Rapids  shall  receive  from  the  treasur}^  of  said  city  an  annual 
salary  of  one  thousand  three  hundred  dollars,  which  salary  shall  be  in 
lieu  of  all  fees,  costs  and  charges  to  which  said  justice  would  be  en- 
titled but  for  the  provision  of  this  act,  except  fees  for  the  perform- 
ance of  marriage  ceremonies,  for  taking  acknowledgments  and  for 
administering  oaths  in  matters  not  connected  with  suits  or  proceed- 
ings in  justices  courts  in  said  city;  such  salary  shall  be  paid  to  said 
justices  in  monthly  installments  as  other  officers  of  said  city  are  paid. 

139 


Each  of  said  justices  shall  have  his  court  room  open  and  he  shall  be 
in  attendance  from  the  hour  of  nine  o'clock  in  the  forenoon  until 
twelve  o'clock  noon,  and  from  the  hour  of  two  o'clock  in  the  after- 
noon until  four  o'clock.  Provided,  That  where  either  of  said  justices 
is  activel}'  engaged  in  the  trial  of  a  suit,  he  shall  so  continue  at  least 
until  five  o'clock  in  the  afternoon,  when  it  may  be  necessary  so  to  do 
in  order  to  finish  the  trial  of  the  suit  in  progress. 

JURISDICTION    OF   JUSTICES. 

(Sec.  -190.)  Par.  5.  Each  of  said  justices  of  the  peace  in  said  city 
of  Grand  Rapids  shall  as  against  all  other  justices  of  the  peace  of  Kent 
County,  have  exclusive  jurisdiction  of  all  acts  and  proceedings  within 
their  jurisdiction  where  both  the  parties  thereto  shall  at  the  time  of 
the  commencement  of  such  actions  or  proceedings  be  residents  of  said 
city.  They  shall  also  have  like  exclusive  jurisdiction  as  against  all 
other  justices  of  the  peace  of  said  County  where  the  original  cause  of 
action  existed  in  favor  of  a  resident  of  said  city  but  has  by  him  been 
assigned. 

OATH  OF  OFFICE— JUSTICES  TO  HAVE  SAME  POWERS,  ETC.,  AS  JUSTICES 
IX    TOWXSHirS. 

(Sec.  491.)  Par.  6  The  justices  of  the  peace  of  the  city  shall  file 
their  oaths  of  office  in  the  office  of  the  clerk  of  the  County  of  Kent, 
and  shall  have  in  addition  to  the  duties  conferred  by  this  act  on  them, 
the  sani'c  jurisdiction,  powers  and  duties  conferred  on  justices  of  the 
peace  in  townships;  and  in  all  civil  actions  the  said  justices  of  the 
peace  shall  have  concurrent  jurisdiction  with  the  circuit  courts  to  the 
amount  of  five  hundred  dollars,  and  in  actions  of  tort  to  the  amount  of 
three  hundred  dollars. 

DUTY  OF  JUSTICES. 

(Sec.  492.)  Par.  7.  It  shall  be  the  duty  of  the  justices  of  the 
peace  of  said  city  to  keep  their  offices  in  said  city  and  attend  to  all 
complaints  of  a  criminal  nature  which  under  the  general  laws  of  the 
State  may  come  before  them. 

^VHEX    JUDGMENT    OR    \'ERDICT    OF    A    JUSTICE    MAY    BE    SET    ASIDE- 
MOTIONS   AND   AFFIDAVITS   FOR   NEW   TRIAL— EXECUTION 
UrON   A  JUDGMENT. 

(Sec.  193.)  Par.  8.  The  justice  before  whom  any  cause  has  been 
tried  and  verdict  or  judgment  rendered  shall  have  the  same  power  and 
authority  to  set  aside  the  verdict  or  judgment  and  grant  a  new  trial 
therein,  upon  legal  cause  shown  therefor,  as  the  circuit  courts  of  the 
State  possess:  Provided,  That  a  motion  in  writing  be  made  and  filed 
with  the  clerk  of  said  justice  courts  within  five  days  after  the  rendition 
of  the  verdict  or  judgment  in  said  cause.  Said  motion  shall  briefly 
and  plainly  set  forth  the  reasons  and  grounds  upon  which  it  is  made. 
.Affidavits  upon  which  the  motion  is  founded  shall  also  be  filed  at  the 
time  of  filing  said  motion,  and  notice  of  the  hearing  oi  such  motion 
with  copy  of  the  motion  and  affidavits  filed  as  aforesaid,  shall  be 
served  upon  the  adverse  party  or  his  attorney  at  least  two  days  before 
the  hearing  thereof.  Such  Tnotion  shall  be  determined  within  two  days 
after  submission  and  the  same  shall  be  submitted  within  one  week 
after  the  motion  has  been  filed.  Should  such  motion  for  a  new  trial 
be  granted,  the  costs  of  the  former  trial,  together  with  the  costs  of 
the   new  trial   shall   abide  the   final   determination   of  the   suit   and   be 

140 


laxed  in  f;ivi)r  of  tlie  prevailing  part}',  provided  that  the  whole  snm 
so  inenrrcd  shall  not  exceed  the  sum  of  twenty  dollars.  The  time  for 
taking  an  appeal  from  a  judgment  in  case  such  motion  be  not  granted 
shall  begin  to  run  from  the  time  when  such  motion  shall  be  overruled. 
In  no  case  shall  the  pendencj'  of  such  motion  stay  the  issuing  and  levy 
of  an  execution  upon  a  judgment  entered  therein;  but  in  case  of  a  levy 
under  execution  pending  such  motion  no  sale  of  property  so  levied 
shall  be  advertised  or  made  until  the  final  determination  of  such 
motion. 

«HEN  APPEALS  MAY  BE  TAKEN   FROM  JUDGMENT. 

(Sec.  494.)  Par.  9.  No  appeal  shall  be  taken  from  any  judgment 
of  any  justice  of  the  peace  except  in  the  following  cases: 

(First.)  When  said  justice  shall  disallow  any  claim  in  favor  of  any 
plaintiff  or  defendant  in  any  cause,  in  whole  or  in  part,  to  the  amount 
of  fifty  dollars  or  more,  or  the  verdict  of  the  jury  before  whom  the 
same  shall  be  tried  shall  be  for  the  sum  of  fifty  dollars  or  upwards. 

(Second.)  When  said  justice  shall  render  a  judgment  to  the 
amount  of  fifty  dollars,  or  upwards,  exclusive  of  costs,  the  party  ag- 
grieved may  take  an  appeal  therefrom  to  the  Circuit  (Zourt  for  Kent 
County;  Provided.  That  where  the  judgment  rendered  shall  be  for  less 
than  the  sum  of  fifty  dollars,  the  party  conceiving  himself  aggrieved 
thereby  may  take  a  special  appeal  or  certiorari  upon  questions  of  law 
to  the  said  circuit  court  in  the  manner  provided  by  the  general  laws  of 
the  State. 

(Third.)  Appeals  may  be  authorized  by  the  Circuit  Court  of 
Kent  Count}'  when  the  party  making  the  appeal  has  been  prevented 
from  making  a  defense  upon  the  merits  of  the  case  in  which  such  ap- 
peal is  taken  by  circumstances  not  under  his  control;  and  such  appeal 
may  also  be  authorized  by  the  Circuit  Court  of  Kent  County  when  in 
the  opinion  of  such  court  justice  requires  that  it  be  granted. 

(Fourth.)  Under  no  circumstances  shall  any  appeal  be  allowed 
or  authorized  after  five  days  from  the  rendition  of  judgment,  except 
as  herein  otherwise  provided.  In  all  cases  where  the  parties  against^ 
whom  such  appeal  is  sought  have  appeared  in  said  justice  court  by 
attorney  or  agent,  it  will  be  sufficient  to  serve  such  attorney  or  agent 
with  notices  of  all  subsequent  proceedings  in  such  case,  and  all  orders 
made  therein  by  said  Circuit  Court  may  be  served  on  said  attorney 
or  agent  and  such  service  shall  have  the  same  effect  as  though  made 
on  the  parly  against  whom  such  appeal  has  been  taken.. 

FEES  FOR  FILING  APPEALS— CLERK  OF  COURT  TO  FILE  RETURN  TO 
APPEAL  WITH  CLERK  OF  KENT  COUNTY. 

(Sec.  495.)  Par.  10.  Before  any  affidavit  for  appeal  or  writ  or' 
notice  of  certiorari  shall  be  served  on  any  one  of  said  justices  in  addi- 
lion  to  the  fees  allowed  by  law  for  making  returns  to  an  appeal  or 
certiorari  the  entry  fee  for  filing  the  same  in  the  Circuit  Court  shall 
be  paid  to  the  said  clerk  thereof  by  the  appellant  or  plaintiff  in  error, 
and  the  said  clerk  shall  as  early  as  possible  file  a  return  to  such  appeal 
or  writ  of  certiorari  in  the  office  of  the  clerk  of  the  Circuit  Court  for 
Kent  County,  and  shall  pay  over  to  him  the  fees  as  aforesaid,  and  if 
said  return  is  not  filed  with  the  clerk  of  the  Circuit  Court  within  ten 
days  after  the  appeal  costs  or  costs  on  certiorari  shall  have  been  paid, 
a  writ  of  mandamus  may  be  issued  in  the  Circuit  Court  for  the  County 
of  Kent  to  the  clerk  of  the  justices  courts  compelling  him  to  make  such 
return  forthwith,  and  he  shall  be  personally  liable  for  the  costs,  if 
any  shall  be  awarded  in  such  proceedings. 

141 


BONDS   OR   FUNDS   DEPOSITED   AVITH   CLERK  OF  COURT   TO   SECURE   PAY- 
MENT OF  JUDGMENT,  COSTS,  ETC. 

(Sec.  496.)  Par.  11.  In  all  cases  where  a  party  is  required  or 
allowed  by  law  to  give  a  bond  as  a  condition  of  commencing  or  prose- 
cuting any  suit,  action  or  proceeding  in  such  justices  courts,  such 
party  may  execute  and  file  such  bond,  or  he  may  in  the  discretion  of 
the  court  deposit  with  the  clerk  thereof  the  amount  of  the  bond  re- 
quired in  legal  tender  of  the  United  States;  and  in  garnishment  pro^ 
ceedings  the  principal  defendant  may  have  any  money  or  effects  re- 
leased which  have  been  garnished  by  filing  with  the  justice  before 
whom  the  case  is  pending  a  bond  approved  by  said  justice  in  double 
the  amount  of  plaintiff's  claim  stated  in  his  affidavit,  and  not  less  than 
fifty  dollars,  or  deposit  with  the  clerk  of  the  court  an  amount  equal 
to  such  a  bond  in  money  which  money  shall  remain  with  said  clerk 
until  disposed  of  by  the  court  according  to  law.  A  certificate  of  such 
deposit  setting  forth  the  case  in  which  the  amount  thereof,  the  person 
by  whom,  the  purpose  for  which  and  the  time  when  deposited 
shall  be  given  to  the  party  depositing  the  same  with  the  clerk  of  said 
court.  Upon  the  final  disposition  of  the  case,  action  or  proceeding  in 
which  such  deposit  was  made,  in  case  the  party  making  such  deposit 
shall  be  adjudged  liable  to  pay  the  costs  of  such  suit  or  proceeding  or 
to  pay  any  other  sum  to  secure  the  payment  for  which  said  deposit 
was  made,  then  such  funds  so  deposited  shall  under  the  direction  of 
the  court  be  applied  in  payment  and  satisfaction  of  the  same.  Should 
any  surplus  remain  after  satisfying  such  order  of  the  court,  the  same 
shall  be  returned  to  the  party  depositing  it. 

FINES,  ETC.,  FOR  CONTEMPT  OF  COURT. 

(Sec.  497.)  Par.  12.  The  justices  of  the  peace  mentioned  herein 
shall  have  the  power  to  make  and  adopt  such  rules  of  practice  and 
decorum  in  their,  courts  as  to  them  may  be  deemed  advisable  for  the 
purpose  of  facilitating  the  business  of  said  courts,  and  any  party  vio- 
lating any  rule  relating  to  decorum  in  said  court  shall  be  guilty  of 
contempt  and  may  be  so  adjudged  by  the  member  of  said  court  where 
such  rule  shall  have  been  violated,  and  for  such  violation  the  said  jus- 
tice may  fine  the  offender  in  a  sum  not  to  exceed  fifty  dollars,  or  com- 
mit said  offender  to  the  common  jail  of  Kent  County  for  a  period  not 
exceeding  thirty  days.  If  only  a  fine  be  imposed  in  default  of  the  pay- 
ment thereof,  said  offender  may  be  committed  to  said  common  jail 
until  said  fine  is  paid  for  a  term  not  exceeding  thirty  days. 

WHEN    JUSTICES    M.AY    .ACT    .AS    POLICE    JUDGE — C!O.MPENS.\TION 
FOR  S.YJIE. 

(Sec.  498.)  Par.  13.  It  shall  be  part  of  the  duties  of  each  of  said 
justices  of  the  peace  to  act  as  judge  of  the  Police  Court  of  the  city 
of  Grand  Rapids  whenever,  from  any  cause,  the  said  judge  of  Police 
Court  shall  be  unable  to  perform  the  duties  of  his  office,  and  whenever 
there  shall  be  a  vacancy  in  said  Police  Court  by  reason  of  the  death  of 
the  judge  thereof,  or  otherwise,  and  for  such  service  the  said  justice 
of  the  peace  so  serving  shall  receive  as  compensation  the  sum  of 
three  dollars  per  day  in  addition  to  his  regular  salary  as  such  justice 
of  the  peace,  one-half  of  which  salary  shall  be  paid  by  the  County  of 
Kent  and  one-half  shall  be  paid  by  the  said  City  of  Grand  Rapids  in 
like  manner,  as  the  salary  of  said  police  judge  is  paid  The  justices 
of  the  peace  shall  exercise  all  the  powers,  authority  and  jurisdiction 
of  said  police  judge,  as  aforesaid,  while  acting  in  his  place. 

142 


RK.MOVAI.   OF  JrSTICE    FROM   OFFICE. 

(Sec.  499-)  Par.  14.  Any  justice  of  tlie  peace  of  the  city  may 
be  suspended  or  removed  from  his  office  by  the  Circuit  Court  for  the 
County  of  Kent  for  inefficient  or  unfaithful  performance  of  his  duties, 
or  for  any  official  misconduct,  on  charges  specially  preferred  by  the 
Commton  Council  of  the  city  of  Grand  Rapids,  or  any  member  or 
officer  thereof,  or  by  three  electors  of  said  city,  founded  on  affidavit 
tiled  in  said  Circuit  Court,  specifically  stating  the  charges,  a  copj'- 
whereof  shall  be  served  upon  such  justice,  in  such  manner  as  .said 
Circuit  Court  shall  direct. 


BOOKS,  DOCKET.S,  KTC,  KEl'T  BY  CLERK  OF  COURT  TO  BE  OPEN  FOR 
IX.SPECTION,  ETC. 

(Sec.  500.)  Par.  15.  All  dockets  papers  and  office  books  kept 
by  the  clerk  of  the  justices  courts  shall  at  all  times  be  subject  to  the 
inspection  and  examination  by  the  Common  Council  or  any  member 
or  officer  thereof.  It  shall  be  the  dut}'  of  said  clerk  to  produce  such 
dockets,  papers,  and  books  at  all  times  whenever  and  wherever  the 
Common  Council  shall  direct,  and  if  he  shall  refuse  to  so  produce  such 
dockets,  papers  or  office  books,  as  directed  and  required,  the  Circuit 
Court  for  the  County  of  Kent,  may  on  proper  application  being  niade 
make  an  order  requiring  the  same  to  be  produced  and  enforce  obedi- 
ence thereto. 

Jl  STICES  TO  IXSTKVCT  JURY  IX  JURY  CASES. 

(Sec.  501.)  Par.  16.  It  shall  be  the  duty  of  said  justices  to  instruct 
the  jury  in  jury  cases  as  to  the  law  applicable  to  the  case,  which  in- 
structions shall  be  received  by  the  jury  as  the  law  of  such  case. 

NOTICE  AND  SALE  OF  STOLEN   PROPERTY. 

(Sec.  502.)  Par.  17.  It  shall  be  the  duty  of  each  of  said  justices 
of  the  peace  at  the  first  regular  meeting  of  the  Common  Council  in 
the  months  of  August,  November,  February  and  May  in  every  year,  to 
make  a  statement  on  oath  to  be  presented  to  the  Common  Council  of 
all  goods,  wares  and  merchandise  seized  as  stolen  property  that  shall 
then  remain  unclaimed  in  the  offices  of  either  of  said  justices  of  the 
peace  and  immediately  thereafter  to  give  noti^ce  once  in  each  week 
for  four  weeks  in  one  of  the  newspapers  printed  in  said  city  of  Grand 
Rapids  to  all  persons  who  may  be  interested  in  such  property  or  make 
claim  thereto:  Provided,  always.  That  if  any  goods,  wares,  merchan- 
dise or  chattels  of  a  perishable  nature,  or  which  shall  be'  expensive 
to  keep,  shall  at  any  time  remain  unclaimed  in  the  office  of  either  of 
said  justices,  it  shall  be  lawful  for  said  justice  to  sell  the  same  at  public 
auction  at  such  time  and  after  such  notice  as  he  may  be  directed  to 
give  by  the  Common  Council  of  said  citj-. 

RETURN  OF  STOLEN   PROPERTY  TO  OWNERS. 

(Sec.  503.)  Par.  18.  It  shall  be  the  duty  of  each  of  said  justices 
of  the  peace  aforesaid  who  may  recover  or  obtain  possession  of  any 
stolen  property,  on  receiving  satisfactory  proof  as  to  the  ownership 
of  such  property  from  the  owner  or  his  agent,  to  deliver  such  prop- 
erty to  the  owner  upon  his  paying  necessary  and  reasonable  expenses 
which  may  have  been  incurred  in  the  recovery,  preservation  or  care 
of  such  property,  including  the  expense  of  advertising  the  same. 

143 


SALE  OF  STOLEN   PKOPEKTV. 

(Sec.  504.)  Par.  19.  It  shall  be  the  duty  of  each  of  the  justices 
of  the  peace  aforesaid  to  cause  all  property  unclaimed  after  the  expira- 
tion of  the  notice  specified  in  paragraph  17  of  this  title,  money  ex- 
cepted, to  be  sold  at  public  auction  to  the  highest  bidder,  unless  the 
prosecuting  rttorney  of  Kent  Count}^  shall  direct  that  it  remain  unsold 
for  a  longer  period  to  be  used  as  evidence  in  the  administration  of 
justice,  and  the  proceeds  thereof  forthwith  to  pay  to  the  treasurer  of 
the  city  of  Grand  Rapids  together  with  all  money,  if  any,  which  shall 
remain  in  iiis  hands  after  such  notice  as  aforesaid,  less  the  expense  of 
sale. 

JISTICES  EXEKCLSING  CIVIL  JlRISmCTION   DEEMED  JUSTICES  OF 
KENT    COFNTY. 

(Sec.  505.)  Par.  20.  The  justices  of  the  peace  of  said  city  exer- 
cising civil  jurisdiction  shall  be  deemed  justices  of  the  peace  of  Kent 
County,  and  be  subject  to  the  general  laws  of  the  State  in  relation 
to  civil  causes  before  justices  of  the  peace,  and  appeal  from  their 
judgment  may  be  made  to  the  Circuit  Court  for  the  County  of  Kent 
in  the  same  manner  as  appeals  from  judgments  of  justices  of  the  peace 
in  towns  are  made,  except  as  herein  otherwise  provided. 

AFTHOKITY  OF  JUSTICES  IX  CROIIXAL  CASES. 

(Sec.  506.)  Par.  21.  The  justices  of  the  peace  of  said  city  shall 
have  all  of  the  authoritj'  of  justices  of  the  peace  in  towns  in  criminal 
matters  as  well  as  civil,  and  perform  all  the  duties  herein  required  of 
them  either  under  the  State  lav\'  or  by  the  provisions  of  this  act 


CLERK  OF  THE  JUSTICE  COURTS— ELECTION— TEIOI   OF  OFFICE— SALARY 
—BOND— WHEN  M.VY  BE  REMOVED — .APPOINTMENT  OF  DEPUTY,  ETC. 

(Sec.  507.)  Par.  22.  At  the  annual  charter  election  in  1907,  and 
every  two  j^ears  thereafter,  there  shall  be  elected  a  clerk  for  such 
justices  of  the  peace  to  be  known  as  "Clerk  of  the  Justice  Courts  of 
Grand  Rapids,"  who  shall  hold  his  office  for  the  term  of  two  years' 
from  the  first  Monday  of  May  next  succeeding  his  election  and  until 
his  successor  is  elected  and  qualified.  Said  clerk  shall  receive  from 
the  treasurer  of  said  city  an  annual  salary  of  one  thousand  dollars, 
to  be  paid  to  him  in  monthl}^  installments,  as  the  other  officers  of  said 
city  are  paid.  He  shall  have  power  to  appoint  one  deputy  and  revoke 
any  such  apointment  at  pleasure;  the  compensation  of  such  deputy 
shall  be  fixed  by  the  Common  Council  of  said  city,  and  such  deputy 
shall  be  paid  in  the  same  manner  as  other  city  employees  are  paid. 
Any  deputy  so  appointed  shall  have  the  power  to  perform  all  of  the 
duties  of  said  clerk,  and  the  said  clerk  shall  be  responsible  for  the  acts 
of  such  deputy.  Said  clerk  may  require  such  bond  or  other  security 
from  such  deputy  as  he  may  deem  proper.  The  said  clerk  of  said 
courts  shall  file  in  the  office  of  the  city  clerk  of  said  city  a  bond,  ap- 
proved by  the  Common  Council  of  said  city,  in  the  penal  sum  of  two 
thousand  dollars,  with  two  or  more  sufficient  sureties  conditioned  that 
he  shall  well  and  truly  perform  his  duties  as  clerk  of  said  courts  and 
account  for  and  pay  over  all  moneys  which  shall  be  received  by  him 
or  his  deputy,  to  the  person  or  persons  lawfully  entitled  to  receive  the 
same.  The  Common  Council  shall  have  power  to  remove  said  clerk 
at  any  time  for  causes  provided  for  in  the  charter  of  the  city  of  Grand 
Rapids. 

144 


CLERK    OF    JUSTICE    COURTS— OFFICE    HOURS — DUTIES,    ETC. 

(Sec.  508.)  Par.  23.  The  office  of  said  clerk  shall  be  open  and  he 
or  his  deputy  be  in  attendance  therein  from  eight  o'clock  in  the  fore- 
nocn  until  noon  and  from  one  o'clock  to  five  o'clock  in  the  afternoon 
on  all  days  when  the  court  is  in  session.  It  shall  be  the  duty  of  said 
clerk  to  assist  said  justices  in  the  preparation  of  process  and  to  keep 
full  and  complete  dockets  of  the  proceedings  before  each  of  said  jus- 
tices in  the  manner  provided  by  law.  Said  clerk  shall  file  and  safely 
keep  all  books  and  papers  belonging  to  said  office.  Said  clerk  shall 
;ilso  enter  in  a  book  the  names  of  all  persons  who  shall  sit  as  jurors 
in  said  courts  in  the  trial  of  causes,  such  names  to  be  arranged  alpha- 
betically, together  with  the  date  that  each  juror  so  sat  and  a  reference 
to  the  page  of  the  docket  where  the  proceedings  of  the  trial  are 
entered.  The  said  clerk  and  his  deputy  shall,  by  virtue  of  their  office, 
be  empowered  to  administer  oaths,  and  take  disclosures  in  garnish- 
ment cases.  The  said  clerk  shall  receive  all  fees,  costs,  fines  and  dues 
of  every  description  that  shall  become  due  and  payable  on  account  of 
proceedings  in  said  courts  before  said  justices,  except  fees  for  the 
performance  of  marriage  ceremonies,  for  taking  acknowledgments  and 
for  administering  oaths  in  matters  not  connected  with  suits  or  pro- 
ceedings pending  in  said  justice  court,  and  shall  keep  an  account  of  the 
same  and  pay  over  all  such  fees,  costs,  fines,  penalties,  forfeitures  and 
dues  (except  such  as  are  by  law  required  to  be  paid  to  the  clerk  of  the 
Circuit  Court  for  the  County  of  Kent,  tipon  the  removal  of  causes 
from  such  justices  courts  to  said  Circuit  Court,  and  such  as  are 
required  by  lav.'  to  be  paid  to  the  County  treasurer  of  said  county), 
to  the  tri'asm-er  of  the  city  of  Grand  Rapids  for  the  benefit  of  said 
city,  such  payments  to  be  made  weekly.  Said  clerk  shall  also  receive 
all  other  moneys  paid  into  such  courts  for  or  on  account  of  proceed- 
ings therein  and  shall  pay  over  all  such  moneys  to  the  person  or  per- 
sons lawfully  entitled  thereto,  or  to  his  or  their  duly  authorized  agent 
or  attorney. 

FEES  TO  BE  PAID  CLERK  OF  COURT. 

(Sec.  509.)  Par.  24.  Before  any  civil  action  or  proceeding  shall 
be  commenced  in  any  of  said  justice  courts  there  shall  be  paid  to  the 
clerk  of  said  court  by  the  party  commencing  the  same,  an  entry  fee 
of  one  dollar,  and  before  the  trial  of  any  such  cause  or  proceeding 
shall  be  commenced  there  shall  be  paid  the  same  party  a  judgment  fee 
of  one  dollar,  but  in  case  of  nonsuit  before  the  commencement  of  such 
trial  no  judgment  fee  shall  be  required.  Proceedings  in  garnishment 
shall  be  treated  as  an  auxiliary  action  and  there  shall  be  paid  to  the 
clerk  of  said  court  by  the  party  commencing  the  same,  an  entry  fee 
of  50  cents,  and  when  an  issue  of  fact  shall  be  joined  in  respect  to  the 
liability  of  the  garnishee  or  garnishees  in  such  case  a  judgment  fee 
of  one  dollar  shall  be  paid  before  such  trial  shall  commence.  Upon 
the  issuing  of  an  execution  upon  any  judgment  rendered  in  said  court 
there  shall  be  paid  to  the  clerk  of  said  court  the  sum  of  50  cents,  which 
said  sum  together  with  other  costs,  shall  be  taxed  in  favor  of  the 
party  paying  the  same  if  he  be  the  prevailing  party  in  the  suit.  For 
all  services  and  proceedings  subsequent  to  the  issuing  of  the  execu- 
tion or  for  the  purpose  of  staying  proceedings  or  removing  causes  to 
an  appellate  court,  there  shall  be  paid  to  the  said  clerk  the  fees  pro- 
vided by  law.  Upon  the  adjournment  of  any  cause  there  shall  be  paid 
to  the  clerk  of  said  court  the  sum  of  25  cents,  and  in  cases  of  adjourn- 
ment by  stipulation  of  the  parties  the  costs  of  such  adjournment  shall 
be  mutually  borne  by  said  parties. 

145 


CI>KKK    TO    ASSIGN    CAUSES    IN    COURT    TO    JUSTICES    RESPECTIVELY    IN 
RE(iUL,AR  ROTATION,  ETC.— WHEN  CASES  MAY  BE  TRANSFERRED. 

(Sec  510.)  Par.  25.  The  process  issued  from  said  justice  courts 
shall  be  signed  by  the  justice  before  whom  the  cause  in  which  it  was 
issued  was  commenced  or  is  pending,  and  said  clerk  shall  assign  said 
causes  begun  in  said  courts  to  the  justices  respectively  in  regular 
rotation  as  nearly  as  practicable.  If  upon  the  return  day  or  adjourn 
day  of  any  cause  the  justice  by  whom  the  process  was  issued  shall  be 
absent  at  the  time  or  is  engaged  in  the  trial  of  any  other  cause  pend- 
ing in  said  court,  the  other  justice  thereof,  if  present,  shall  proceed 
therein  as  though  it  had  been  originally  commenced  before  him.  On 
the  return  day  of  any  process  before  the  justice  of  the  peace  before 
whom  the  cause  has  been  assigned  by  the  clerk,  any  party  to  said 
cause  may  have  a  new  assignment  of  the  same  by  presenting  to  such 
justice  an  affidavit  therein  made  by  himself,  his  agent  or  attorney, 
stating  that  the  person  making  such  affidavit  has  good  reason  to  believe 
and  does  believe  that  said  justice  to  whom  said  cause  has  been  as- 
signed is  interested  therein  or  is  biased  or  prejudiced  against  the  party 
in  whose  behalf  the  affidavit  is  made.  Said  justice  shall  thereupon 
transfer  said  cause  to  the  other  justice  of  said  court  who  shall  proceed 
therein  as  if  the  same  had  originally  been  commenced  before  him.  In 
all  cases  where  causes  are  transferred  from  one  justice  to  the  other, 
the  docket  entries  therein  shall  be  made  in  the  docket  of  the  justice 
by  whom  the  original  process  shall  have  been  issued.  Docket  entries 
of  proceedings  had  before  each  of  said  justices  shall  be  made  by  the 
justice  or  clerk  of  said  court  and  signed  by  the  justice  before  whom 
such  suit  or  proceedings  were  had,  and  upon  the  same  day  that  such 
proceedings' were  had. 

XRIAIi  BY  JURY, 

(Sec.  511.)  Par.  26.  If  any  party  to  a  cause  before  either  of 
said  justices  shall  demand  a  trial  by  jury,  he  shall  pay  the  fees  there- 
for in  advance  to  said  clerk,  and  the  same  shall  be  disposed  of  by  the 
clerk  in  the  manner  now  provided  by  law  and  the  moneys  paid  for 
jurors  shall  be  taxed  as  costs  in  favor  of  the  party  paying  the  same, 
if  he  be  the  prevailing  party  in  the  suit,  in  addition  to  such  other  costs 
as  he  may  be  entitled  to  recover. 

FEES  IN  CRIMINAL  CASES. 

(Sec.  512.)  Par.  27.  In  criminal  cases  the  same  justice  fees  may 
be  collected  and  in  the  same  manner  as  in  such  proceedings  before  jus- 
tices of  the  peace  in  townships,  except  that  the  same  shall  be  received 
by  the  said  clerk  and  paid  to  the  treasurer  of  said  city  as  provided  in 
civil  suits. 

UNLAWFUL,  FOR  CLERK  OR  JUSTICES  TO  ACT  AS  COUNSEL  OR  AGENT 
FOB  ANY  PARTY  IN  ANY  SUIT. 

(Sec.  513.)  Par.  28.  It  shall  be  unlawful  for  said  justices  of  the 
peace  or  said  clerk  or  deputy  clerk  of  said  court  to  act  as  counsel, 
agent  or  attorney  for  any  party  in  any  matter,  suit  or  proceeding 
within  the  jurisdiction  of  said  court. 

REPEAL— WTHEN  ACT  TAKES  EFFECT,  ETC. 

(Sec.  514.)  Par.  29.  All  acts  or  parts  of  acts  contravening  this 
act  are  hereby  repealed:  Provided.  That  all  proceedings  pending  in  the 
said  courts  ai  the  time  this  act  shall  take  effect  under  the  law  here- 
tofore relating  to  justices  of  the  peace  and  all  judgments  of  said 
courts  may  be  had  and  enforced  under  the  provisions  of  this  act  and 
carried  through  ro  termination  hereunder. 

146 


TITLE  XVIII. 
POLICE  COURT. 


POIilCE  JUDGE  AND  HIS  ELECTIOX— TO  BE  ATTORXEY. 

(Sec.  520.)  Par.  i.  There  shall  be  established  and  organized  in 
and  for  the  city  of  Grand  Rapids,  a  municipal  court  to  be  known  as 
"The  Police  Court  of  Grand  Rapids,"  and  there  shall  be  elected  a 
judge  and  clerk  of  said  court,  as  hereinafter  provided.  The  police 
judge  of  said  court  existing  under  the  law  at  the  time  this  act  takes 
effect  and  now  officiating  inlaid  court  shall  continue  to  hold  his  office 
and  exercise  the  powers  and  duties  herein  conferred  under  the  title  of 
Police  Judge,  until  the  expiration  of  the  time  for  which  he  was  elected. 
At  the  charter  election  in  the  city  of  Grand  Rapids  held  in  April,  1906, 
a  police  judge  of  said  court  shall  be  elected  to  hold  his  office  for  the 
term  of  four  years  from  and  after  the  first  Monday  in  May  next  after 
his  election  and  until  his  successor  shall  be  elected  and  qualified.  Be- 
fore entering  upon  the  duties  of  his  office  he  shall  take,  subscribe  and 
file  in  duplicate  with  the  clerk  of  said  city  and  with  the  clerk  of  Kent 
County,  respectively,  the  constitutional  oath  of  office.  He  shall  be  an 
attorney  and  counselor  at  law,  entitled  to  practice  in  all  the  courts  of 
this  State  and  a  resident  in  and  a  qualified  elector  of  said  city. 

CLERK  AND  HIS  ELECTION. 

(Sec.  521.)  Par.  2.  At  the  first  annual  charter  election  to  be  held 
in  said  city  next  after  the  passage  and  approval  of  this  act,  and  at 
every  second  annual  charter  election  thereafter,  there  shall  be  elected 
a  clerk  of  the  police  court  in  the  manner  provided  by  law  for  the  elec- 
tion of  the  judge  of  said  court.  He  shall  enter  upon  the  discharge 
of  the  duties  of  his  office  on  the  first  Monday  of  May  next  after  his 
election,  and  hold  the  same  for  the  term  of  tw^o  years  thereafter,  and 
until  his  successor  shall  be  elected  and  qualified.  He  shall  be  a  resi- 
dent in  and  a  qualified  elector  of  said  city.  The  present  clerk  of  said 
court  shall  serve  out  the  remainder  of  his  term  and  perform  all  of  the 
duties  that  may  be  required  from  such  official  under  the  provisions  of 
this  act. 

BOND  OF  CLERK. 

(Sec.  522.)  Par.  3.  Before  entering  upon  the  duties  of  his  office 
the  clerk  of  said  police  court  shall  take,  subscribe  and  file  with  the 
clerk  of  said  city  the  constitutional  oath  of  office,  and  give  a  bond  to 
the  Cit}'  of  Grand  Rapids  and  a  bond  to  the  treasurer  of  Kent  County, 
each  in  the  sum  of  two  thousand  dollars,  with  two  sufficient  sureties 
to  be  approved  by  the  mayor  of  said  city  and  the  treasurer  of  said 
County,  respectively,  conditioned  for  the  faithful  discharge  of  the 
duties  of  his  office  and  to  account  for  and  pay  over  to  the  proper 
treasurers  in  the  manner  herein  provided,  all  moneys  which  shall  come 
into  his  hands  by  virtue  of  his  said  office.  The  bond  to  the  city  shall 
be  filed  with  the  city  clerk  and  the  bond  to  the  treasurer  of  said 
County  shall  be  filed  with  said  treasurer. 

147 


VACANCIES  IN  OFFICE  OF  JUDGE  AND  CLERK  AND  FILLING  SA3IE. 

(Sec.  523.)  Par.  4.  In  case  of  the  removal  from  the  city  of  the 
judge  of  said  police  court,  his  death,  resignation  or  removal  from 
office,  his  office  shall  be  deemed  vacant.  The  same  causes  shall  be 
deemed  to  constitute  a  vacancy  in  the  office  of  clerk  of  said  police 
court.  If  from  any  cause  a  vacancy  shall  occur  in  the  office  of  judge 
or  clerk  of  said  police  court,  the  Common  Council  may  order  a  special 
election  to  be  held  for  the  election  of  a  judge  or  clerk,  as  the  case  may 
be,  for  the  remainder  of  the  term  of  said  judge  or  clerk,  which  said 
election  shall  be  conducted  in  the  same  manner  as  the  annual  city 
election.  The  Common  Council,  in  the  event  of  a  vacancy  in  the  office 
of  the  clerk  of  said  court  by  reason  of  death  or  otherwise,  may,  by 
appointment,  fill  such  vacancy  until  his  successor  shall  have  been 
elected  and  qualified.  In  the  event  of  no  special  election  having  been 
called,  the  successor  of  said  appointee  shall  be  elected  at  the  next 
regular  charter  election  of  the  city  held  thereaftei:.  In  the  event  of  a 
vacancy  in  the  position  of  judge  of  said  police  court  the  Common 
Council,  instead  of  calling  a  special  election,  may  temporarily,  by  a 
majority  vote  of  all  the  members  elect  thereof,  elect  some  suitable  and 
competent  person  police  judge  to  fill  such  vacancy  until  the  first  Mon- 
day of  May  next  succeeding;  and  in  the  event  of  such  vacancy,  if  the 
Common  Council  shall  not  decide  to  call  a  special  election  to  fill  the 
same,  there  shall  be  elected  at  the  next  charter  election  a  judge  for  said 
court  to  fill  the  unexpired  term.  Such  person  so  elected  shall  qualify 
for  the  position  upon  the  first  Monday  of  May  after  he  shall  have  been 
elected. 

DUTIES  OF  PROSECUTING  ATTORNEY  AND  CITY  ATTORNEY. 

(Sec.  524.)  Par.  5.  It  shall  be  the  duty  of  the  prosecuting  at- 
torney of  Kent  County  or  his  authorized  deputy,  or  assistant,  to  attend 
all  sessions  of  said  police  court  and  prosecute  all  persons  charged  with 
a  violation  of  any  law  of  the  State  of  Michigan.  It  shall  be  the  dutj^ 
of  the  city  attorney,  or  his  authorized  assistant,  to  attend  all  sessions 
of  said  court  and  prosecute  all  persons  charged  with  a  violation  of  the 
provisions  of  the  city  charter,  or  any  ordinance  of  the  city. 

COURT  ROOMS— JITRISDICTION  OF  POLICE  COURT— CHALLENGES 
OF  JURORS. 

(Sec.  525.)  Par.  6.  The  police  judge  shall  hold  a  court  in  said 
city  at  a  suitable  place,  to  be  provided  by  the  Common  Council  thereof, 
styled  '"The  Police  Court,"  and  which  shall  not  be  a  court  of  record. 
Said  police  judge  shall  have  power  and  authority  to  take  complaints, 
issue  all  processes  necessary  in  said  court,  to  be  signed  by  or  attested 
in  the  name  of  said  judge,  and  the  court  shall  have  the  same  power  to 
punish  contempts  and  preserve  order,  to  compel  the  attendance  of  wit- 
nesses, parties  and  jurors  and  determine  as  to  the  qualification  of 
jurors,  and  such  further  powers  incident  to  a  circuit  court  and  the 
judge  thereof,  .as  may  be  convenient  in  the  exercise  of  the  jurisdiction 
and  powers  herein  conferred  upon  him  as  such  court.  He  shall  also 
have  all  the  powers  and  authority  of  a  justice  of  the  peace,  except  in 
the  trial  of  civil  cases.  And  in  every  trial  in  said  court  by  jury,  the  city 
or  the  people,  as  the  case  may  be,  shall  be  entitled  to  but  two  peremp- 
tory challenges,  and  the  accused  to  but  two  peremptory  challenges. 

JURISDICTION      CONTINUED— CHARTER      AND      ORDINANCES— PRACTICE, 
ETC.,  WHEN  ARRESTS  3IAY  BE  MADE  WITHOUT  PROCESS. 

(Sec.  526.)  P'ar.  7.  Said  police  court  shall  have  exclusive  original 
jurisdiction   to   issue   process   for,   hear,   try  and   determine   all   cases 

148 


against  persons  charged  with  violation  of  the  provisions  of  the  charter 
of  said  city  or  of  any  act  of  the  legislature  relating  to  the  government 
thereof  and  of  the  ordinances  of  the  Common  Council  thereof  already 
enacted  or  that  may  hereafter  be  enacted  unless  otherwise  provided  in 
this  charter,  anything  in  any  other  law  of  this  State  to  the  contrary 
notwithstanding.  All  of  the  provisions  of  the  law  relating  to  com- 
plaints against  offenders  for  violations  of  the  charter  of  said  city  or 
any  ordinance  of  the  Common  Council  of  said  city  or  of  the  acts  afore- 
said, and  relative  to  process  proceedings  and  judgments  therein,  and 
to  executions  upon  such  judgments  and  proceedings  thereon,  shall  ap- 
plj^  to  said  police  court.  Said  police  court  shall  also  have  exclusive 
original  jurisdiction  to  issue  process  for,  hear,  try  and  determine  all 
cases  of  misdemeanor  and  of  a  quasi  criminal  nature  committed  within 
the  corporate  limits  of  said  city  heretofore  or  hereafter  within 
the  jurisdiction  of  justices  courts,  anything  otherwise  herein  or  in  any 
other  law  of  this  State  contained,  to  the  contrary  thereof  in  any  wise 
notwithstanding.  Said  police  court  shall  also  have  exclusive  orig'inal 
jurisdiction  to  issue  process  for,  hear,  try  and  examine,  and  to  hold  to 
bail  or  discharge  all  persons  charged  therein  with  the  commission  of 
felonies  within  the  corporate  limits  of  said  city.  Said  police  court 
shall  have  authority  to  sentence  any  person  convicted  therein  of  the 
commission  of  a  misdemeanor  and  triable  in  justice  courts  of  this 
State  the  same  as  justices  of  the  peace  may  by  law.  It  shall  not  be 
necessary  to  file  a  record  of  any  conviction  had  in  said  court  but  the 
docket  or  journal  entries  and  files  shall  be  prima  facie  evidence  of  all 
proceedings  had  in  said  court.  And  in  all  cases  of  the  violation  of  the 
provisions  of  the  charter  or  ordinances  of  said  city,  each  member  of 
the  police  force  may  make  arrest  without  process,  when  committed 
in  his  presence,  in  which  case  complaint  and  arraignment  shall  be  made 
without  delay. 

PKACTICE— PROCESS— PI  RSriT   OUTSIDE   THE  CITY— SHERIFF'S   RECORD. 

(Sec.  527.)  Par.  8.  The  practice  in  said  court  may  be  the  same  as 
practice  in  courts  of  justices  of  the  peace  in  criminal  cases.  And  the 
laws  of  this  State  relative  to  such  practice  and  the  procedure  before 
justices  of  the  peace  in  criminal  cases  shall,  except  as  herein  otherwise 
provided,  be  followed  in  said  police  court.  All  process  issued  out  of 
said  court  shall  be  directed  to  the  chief  of  police,  or  any  member  of 
the  police  force  of  said  city,  or  to  the  sheriff  of  Kent  County,  but  no 
such  process  shall  be  served  or  executed  by  the  chief  of  police  or  any 
member  of  the  police  force  outside  of  the  corporate  limits  of  said  city 
except  as  in  this  act  otherwise  provided,  unless  in  case  of  immediate 
pursuit  in  view  of  such  officer,  in  which  case  he  or  they  may  pursue 
and  arrest  the  same  as  the  sheriff  of  the  County  might  in  like  case  dQ. 
It  shall  be  the  duty  of  the  sheriff  to  keep  a  record  of  all  process  served 
by  him  outside  of  said  city,  which  record  shall  show  the  date  of  the 
process,  name  of  the  accused,  a  summary  of  the  proceedings  had 
therein  and  the  amount  of  fees  and  charges  of  the  officers  who  shall 
execute  the  same. 

FEES  PROHIBITED— SALARIES  OF  JUDGE  AND  CLERK. 

(Sec.  528.)  Par.  9.  The  police  judge  and  clerk  shall  receive  no 
fees  for  their  services  performed  under  this  act,  but  in  lieu  thereof  the 
police  judge  shall  receive  an  annual  salary  of  one  thousand  eight  hun- 
dred dollars,  one-half  of  which  shall  be  paid  by  the  city  of  Grand 
Rapids,  monthly,  in  the  manner  provided  by  law  for  the  salaries  of 
citj'  officers,  and  one-half  of  which  shall  be  paid  by  the  treasurer  of 

149 


the  County  of  Kent  out  of  the  treasury  of  said  County  in  the  manner 
provided  by  law  for  the  payment  of  the  salary  of  the  prosecuting  at- 
torney. The  clerk  of  said  police  court  shall  receive  an  annual  salary 
of  one  thousand  two  hundred  dollars,  to  be  paid  in  the  same  manner 
as  the  salary  of  the  police  judge,  one-half  of  which  shall  be  paid  by 
said  city,  and  one-half  thereof  by  the  treasurer  of  the  County  of  Kent, 
out  of  the  treasury  of  said  County.  Neither  the  chief  of  police  nor 
any  member  of  the  police  force  of  said  city  shall  be  entitled  to  receive 
for  his  own  use  any  fees  for  services  performed  under  this  act. 

OFFICES  OF  JUDGE  AND  CLERK,  FrRNITrRE  AND  SUPPLIES. 

(Sec.  529.)  Par.  10.  It  shall  be  the  duty  of  the  Common  Council 
of  said  city  to  provide  a  suitable  office  for  the  judge  and  clerk  of  said 
court  adjacent  to  the  court  room  thereof  as  near  as  may  be,  and  such 
necessary  furniture,  light,  fuel,  records,  blanks,  stationery  and  other 
articles  as  may  be  required  for  the  judge,  court,  clerk,  jury  and  other 
officers  of  said  court.  The  office  of  said  judge  shall  be  separate  from 
that  of  the  clerk. 

COURT   ALWAYS    OPEN— ADJOURNMENT   OF   CASES— BAILIFF   AND 
HIS  ASSISTANT. 

(Sec.  530.)  Par.  11.  The  police  court  shall  always  be  open  for 
business,  but  may  adjourn  its  sittings  from  day  to  day  and  from  time 
to  time,  as  may  be  convenient,  and  not  inconsistent  with  the  dispatch 
of  business.  Cases  and  examinations  pending  in  said  court  may  be 
adjourned  from  time  to  time,  not  exceeding  three  months  from  the 
arraignment  of  the  accused  therein,  unless  the  court  shall  be  satisfied 
by  proper  evidence  that  the  attainment  of  justice  requires  a  further 
continuance,  and  then  only  for  such  further  time  as  may  be  necessary 
to  accomplish  such  object.  The  judge  of  said  court  shall  appoint  a 
good  and  competent  elector  of  said  city  bailiff  of  said  court,  which 
appointment  shall  be  in  writing  signed  by  such  judge  and  filed  with 
the  clerk  of  said  court  as  a  part  of  the  records  thereof,  and  thereupon 
said  clerk  shall  make  a  duly  certified  copy  of  such  appointment  and  file 
the  same  with  the  Board  of  Police  and  Fire  Commissioners  of  said 
city,  which  board  shall  at  that  time  or  at  its  first  session  thereafter,  by 
proper  resolution  duly  clothe  such  person  with  police  powers,  and  he 
shall  thereupon  be  a  policeman  of  said  city,  vested  with  all  the  powers, 
rights  and  liabilities  of  such  officers  and  of  police  constables,  but  not 
to  receive  pay  as  such  policeman.  The  person  thus  appointed  may  be 
removed  at  the  pleasure  of  such  judge.  Said  bailiff  shall  receive  a 
salary  at  the  rate  of  eight  hundred  dollars  per  year,  to  be  paid  in  the 
same  manner  as  the  salary  of  the  judge  of  said  court  is  paid;  and  upon 
a  vacancy  occurring  in  said  office  by  removal  or  otherwise,  the  same 
shall  be  immediately  filled  as  above  provided.  One  member,  at  least, 
of  the  police  force  of  said  city  shall  attend  each  session  of  said  court, 
to  assist  the  bailiff. 

INSTRUCTIONS    TO    JURIES— APPEALS— DRAWING    JURIES— PRACTICE. 

(Sec.  531.)  Par.  12.  It  shall  be  the  duty  of  the  judge  of  said 
court  to  instruct  the  jury  as  to  the  laws  applicable  to  any  case  on  trial 
before  a  jury,  which  instructions  shall  be  received  by  the  jury  as  the 
law  of  the  case.  The  defendant  shall  have  the  right  of  appeal  and  certiorari 
from  final  judgment  of  said  court  as  provided  by  law  for  appeals  and 
certiorari  from  final  judgments  of  justices  of  the  peace  in  criminal 
cases,  provided  such  appeal  or  certiorari  shall  be  taken  and  perfected 
within  twenty-four  hours  from  the  time  of  the  court  pronouncing  its 

150 


judgment  or  sentence.  In  State  criminal  cases,  appeals  and  writs 
of  certiorari  shall  be  taken  to  the  circuit  court  for  the  County  of  Kent. 
Juries  shall  be  drawn  and  appeals  and  writs  of  certiorari,  both  in  city 
and  State  cases,  shall  be  taken,  perfected  and  returned  in  the  manner 
provided  by  law  for  like  acts  before  justices  of  the  peace  in  criminal 
cases,  except  as  herein  otherwise  provided. 

CITY   JUSTICES    TO    BE    ASSISTANT    POLICE   JUDGES— EXTRA    COMPENSA- 
TOR—COUNCIL,  TO   DECIDE   IN  CASE   OF  DISAGREEMENT 
ABOUT  WHO  SHALL  SERVE. 

(Sec.  532.)  Par.  13.  Each  of  the  justices  of  the  peace  of  the  city 
of  Grand  Rapids  shall  be  ex-officio  assistant  police  judges  of  said  court, 
who  shall  possess  the  same  qualifications  as  are  required  of  the  police 
judge,  and  exercise  the  same  powers,  authoritj'  and  jurisdiction  that 
are  herein  conferred  upon  said  police  judge  in  case  of  the  absence, 
inability  or  disability  of  the  police  judge  to  perform  the  duties  of  his 
office.  In  the  event  of  a  vacancy  caused  by  the  death  of  said  police 
judge,  one  of  said  justices  of  the  peace  shall  perform  such  duties  as 
assistant  police  judge  until  such  vacancy  shall  have  been  filled  in  the 
manner  hereinbefore  provided.  The  justice  of  the  peace  who  shall  act 
as  assistant  police  judge  shall  receive  pay  for  the  time  he  shall  so  of- 
ficiate at  the  rate  of  three  dollars  per  day,  to  be  paid  in  the  same 
manner  as  the  police  judge  is  paid,  one-half  by  the  city  of  Grand 
Rapids  and  one-half  by  the  county  of  Kent.  Should  there  be  any  dis- 
agreement between  the  justices  as  to  who  shall  serve  in  police  court, 
the   Council   shall  decide  the  matter  by  vote. 

VIOLATIONS     OF     ORDINANCES— CHARTER^PRACTICE— DISPOSITION     OF 
FINE  MONEY- REPORT  OF  CLERK. 

(Sec.  533.)  Par.  14.  Cases  commenced  in  the  name  of  said  city 
for  violations  of  the  provisions  of  the  charter  or  ordinances  thereof, 
or  of  any  act  of  the  legislature  relating  to  the  government  thereof, 
shall  be  prosecuted  and  proceeded  in,  as  in  other  criminal  cases,  and 
the  judgment  thereon,  and  the  final  process  upon  such  judgment  shall 
conform  to  the  practice  in  other  criminal  cases;  but  all  fines  and 
costs  collected  in  such  cases  shall  be  by  the  clerk  of  the  police  court 
paid  to  the  treasurer  of  the  city  of  Grand  Rapids  on  the  first  Monday 
of  each  and  every  month,  or  within  three  days  thereafter;  and  all 
fines  and  costs  collected  in  state  criminal  cases  shall  at  the  same  time 
be  paid  to  the  treasurer  of  the  county  of  Kent  by  the  clerk  of  said 
court,  and  receipts  therefor  shall  be  duly  issued  to  said  clerk.  Said 
clerk  shall  at  the  same  time  report  in  writing  to  the  Common  Council 
of  said  city  in  city  and  state  criminal  cases,  and  to  the  board  of 
supervisors  in  state  criminal  cases,  the  names  of  all  persons  tried  in 
said  court  during  the  preceding  month,  the  offense  charged  against 
each,  and  the  amount  of  fines  and  costs  collected  by  him  in  each 
case,  and  shall  make  oath  thereto  that  the  report  is  correct,  and  that 
he  has  paid  over  all  the  said  moneys  respectively  in  accordance  with 
the  provisions  of  this  act. 

AMOUNT  OF  FEES  AND  TAXING  COSTS,  AND  PAYING  FEES. 

(Sec.  534.)  Par.  15.  The  fees  and  costs  in  each  case  in  said  court, 
whether  under  the  laws  of  this  state,  or  under  the  charter  or  ordin- 
ances of  said  city,  shall  be  the  same  as  are  or  may  be  provided  by 
law  for  like  cases  before  justices  of  the  peace  in  criminal  cases  and 
shall  be  taxed  by  said  clerk.  The  fees  of  witnesses,  jurors,  sheriffs, 
and  constables,  other  than  police  officers  of  said  city,  shall  when  col- 

151 


lected  be  paid  to  the  party  entitled  to  the  same  by  said  clerk.  If  the 
defendant  shall  plead  guilty  to  the  offense  charged  or  be  found  guilty 
thereof  on  trial  by  said  judge,  judgment  for  costs  accruing  in  the 
case  shall  be  rendered  against  and  paid  by  said  defendant  in  addition 
to  the   line,  penalty  or  forfeiture   imposed. 

SECURITY  FOR  COSTS  AND  JUDGMENT  AGAINST  PRINCIPAL,  AND  SURETY. 

(Sec.  535.)  Par.  16.  The  said  police  judge  or  clerk  shall  have 
authority  in  all  cases,  state  or  city,  at  his  discretion,  either  before  or 
after  issuing  of  process,  to  require  of  the  complaining  witness  security 
for  costs  to  the  satisfaction  of  said  judge  or  clerk,  and  such  surety 
or  sureties  shall  sign  a  memorandum  in  writing  to  that  effect,  which 
said  clerk  shall  keep  as  a  part  of  the  record  in  the  case.  If  the  de- 
fendant or  accused  be  discharged  on  examination  or  acquitted  on  trial, 
the  said  police  court  shall  enter  a  judgment  for  costs  against  the 
surety  or  sureties  and  complaining  witness,  either  or  both  of  them, 
which  shall  be  of  like  force  and  effect,  and  shall  be  collected  as  upon 
judgments  rendered  by  a  justice  of  the  peace  in  actions  commenced 
by  warrant,  and  the  execution  shall  be  in  like  form  as  executions  upon 
said  judgments;  provided,  however,  before  rendering  such  judgment 
said  court  shall  cause  to  be  certified  on  the  record  that  such  payments 
of  costs  bj^  such  complainant  is  just  and  equitable. 

COUNTY  TO  PAY  HALF  THE  EXPENSE  OF  SAID   COURT— BUT   NOT   MORE 
TH.4N  $2,000— AND  METHOD  OF  COLLECTING  SAME. 

(Sec.  536.)  Par.  17.  One-half  of  all  costs  and  expenses  of  said 
city  in  maintaining  and  providing  for  said  court  other  than  the  salaries 
of  its  officers  shall  be  paid  to  the  treasurer  of  said  city  annually  by 
the  treasurer  of  said  county  out  of  the  treasury  of  said  county,  at  the 
close  of  the  regular  annual  session  of  the  board  of  supervisors  of  said 
county:  Provided,  that  one-half  of  the  whole  amount  of  the  expense 
of  said  city  for  salaries  of  the  police  judge  and  clerk  of  the 
police  court  and  rent  of  court  room  and  office  of  said  clerk,  and 
records,  blanks  and  stationery  for  use  of  said  court  and  the  officers 
thereof  to  be  so  paid,  in  any  one  year  shall  not  exceed  the  sum  of 
two  thousand  dollars.  It  shall  be  the  duty  of  the  treasurer  of  said 
city  at  the  first  day  of  each  annual  session  of  said  board  to  present 
the  claim  of  said  city  therefor  duly  certified,  and  said  board  shall,  at 
the  same  session,  audit  and  allow  the  same,  if  found  correct,  and 
order  the  payment  thereof  as  aforesaid. 

KEEPING  RECORDS— CLERK  CUSTODIAN— REQUISITIONS  FOR  SUPPLIES- 
SIGNING   DOCKET   ENTRIES— CLERK   TO   RECEIVE    ALL   MONEYS- 
DEPUTY  CLERK— OATH  AND  BOND— COMPENSATION— POWERS 
AND   DUTIES   OF  CLERK. 

(Sec.  537.)  Par.  18.  The  clerk  of  the  police  court  shall  keep  and 
preserve  the  records  and  files  of  said  court,  and  do  all  the  necessary 
clerical  work  of  said  court,  except  as  hereinafter  provided,  and  be 
the  custodian  of  the  records,  files  and  property  thereof.  He  shall 
provide  the  court  and  its  officers,  by  making  requisition  on  the 
common  council  thereof,  with  the  necessary  stationery,  records, 
blanks,  and  other  articles.  The  journal  or  docket  entries  of  said 
court  shall  be  signed  by  the  judge  thereof.  Said  clerk  shall  receive 
and  account  for  all  moneys  collected  in  said  court.  He  sTiall  annually 
nominate  a  suitable  person  as  deputy,  who  shall  be  confirmed  by  the 
Common  Council  of  said  cit^.     Such  deputy  shall,  before  acting,  take 

152 


and  file  the  oath  of  office  and  make  and  file  like  bonds  as  are  re- 
quired of  the  clerk.  The  said  deputy  clerk  shall  perform  the  duties 
of  said  clerk  when  so  required  by  said  judge,  and  during  the  absence 
of  said  clerk,  foi  which  he  shall  receive  compensation  for  the  time 
he  shall  officiate  at  the  rate  of  three  dollars  per  day,  to  be  paid  in 
the  manner  hereinbefore  provided  for  the  payment  of  the  salary  of  the 
judge  of  said  court,  which  amount  so  paid  to  said  deputy  shall,  whea 
paid,  be  deducted  from  the  salary  of  the  clerk  of  said  court.  In  case 
the  office  of  said  clerk  shall  become  vacant  by  resignation  or  as  here- 
inbefore provided,  said  deputy  clerk  shall  become  the  clerk  of  said 
court  until  the  next  charter  election  of  the  city  (or  until  such  vacancy 
shall  otherwise  have  been  filled),  and  thereupon  it  shall  become  his 
duty  to  file  bonds  as  clerk  of  said  court,  and  appoint  a  deputy  as 
hereinbefore  provided.  Said  clerk  shall  not  be  concerned  as  counsel 
in  any  case  in  said  court.  Said  clerk  may  sign  and  seal,  either  with 
a  scroll  or  device  (and  if  with  a  device,  such  device  must  be  approved 
and  adopted  by  said  police  judge,  by  an  order  filed  and  recorded  by 
said  clerk  as  a  part  of  the  records  of  said  court),  all  writs  and  pro- 
cess issuing  from  said  court  as  provided  in  this  act.  He  shall  hayt 
power  to  administer  oaths,  take  recognizance  or  bail,  swear  wit- 
nesses and  jurors,  and  to  do  all  acts  usual  and  proper  to  be  done 
by  the  clerk  of  the  Superior  Court  of  Grand  Rapids,  within  the  juris- 
diction of  said  police  court. 

SUSPENSION   AND   REMOVAL   OF   JUDGE. 

(Sec.  538.)  Par.  19.  Said  police  judge  may  be  suspended  from 
his  said  office  and  removed  therefrom  in  the  same  manner  and  form 
as  provided  by  law  for  the  suspension  and  removal  of  justices  of 
the  peace. 

C030IITMENTS. 

(Sec.  539.)  Par.  20.  Whenever  any  person  shall  be  sentenced  by 
the  police  court  to  confinement  in  any  place  of  imprisonment  out- 
side of  the  corporate  limits  of  said  city,  it  shall  be  the  duty  of  the 
sheriff  or  any  deputy  sheriff  of  Kent  county,  or  any  member  of  the 
police  force  designated  by  the  police  judge,  to  take,  transfer  and 
deliver  such  sentenced  person  under  commitment  of  said  court  to 
such  i)lace  of  imprisonment.  All  other  commitments  to  any  place 
of  imprisonment  in  the  county  of  Kent  may  be  executed  by  said 
sheriff  or  any  member  of  the  police  force  of  said   city. 

STENOGRAPHER  AND  COMPENSATION. 

(Sec.  540.)  Par.  21.  In  case  of  examinations  of  offenders  by 
said  police  court  for  offenses  committed  against  the  criminal  laws 
of  this  state,  when  said  police  court  has  jurisdiction  to  examine  and 
hold  to  bail  only,  it  shall  be  lawful  for  the  Board  of  Supervisors  of 
the  county  of  Kent  to  appoint,  on  the  recommendation  of  said  court, 
some  suitable  stenographer  for  said  court,  to  take  down  in  shorthand 
the  testimony  in  any  such  examination;  and  any  stenographer  so 
appointed  shall  receive  such  compensation  for  the  time  by  him  ex- 
pended in  so  taking  down  such  testimony,  and  such  price  per  folio 
for  writing  out  in  long-hand  or  on  a  typewriter  such  testimony  so 
taken  in  shorthand,  as  shall  be  fixed  by  the  Board  of  Supervisors 
of  Kent  county,  the  same  to  be  allowed  and  paid  out  of  the  treasury 
of  said   county. 

PENDING  CASES  NOT  TO  LAPSE. 

(Sec.  541.)  Par.  22.  All  criminal  cases,  examinations  or  pro- 
ceedings commenced  in  said  police  court  before  this  act  shall  take 
eflfect.  shall  be  tried,  heard,  determined  or  examined  as  if  this  act 
had  not  been  passed. 

153 


TITLE  XIX. 
DOCK  AND  SAFETY  LINES. 


ESTABLISHMENT  OF  DOCK  LINES  A  NECESSARY  PUBLIC  IMPROVEMENT. 

(Sec.  550.)  Par.  i.  That  the  permanent  establishment  of  dock, 
safety,  sanitary  and  building  lines  along  the  shores  and  margins  and 
in  the  waters  and  on  the  bed  of  Grand  River,  within  the  corporate 
limits   of   the   city   of   Grand   Rapids   is   a  public   necessity. 

DOCK   LINE   LIMITS— NOT   EFI^CT    PARTY    RKiHTS    TO    DAM   OR   REDUCE 
SPACE    FOR   FLOW    OF   WATER— RIVER   ABOVE    AND    BELOW,    HOW 
SPANNED— ACQUIRING  RIGHTS  BY  CONSENT  OR  CONDEMNA- 
TION PROCEEDINGS. 

(Sec.  551.)  Par.  2.  That  along  so  much  of  Grand  River  as  lies 
between  the  north  line  of  Fulton  street  bridge,  a  public  bridge  across 
Grand  river  in  said  city,  and  the  center  line  of  the  Detroit,  Grand 
Haven  and  Milwaukee  Railway  Company's  bridge  across  said  river 
in  said  city,  such  dock,  safety,  sanitary  and  building  lines  are  hereby 
permanently  established  and  fixed  as  follows,  to  wit: 

Commencing  on  the  east  side  of  said  river  at  the  west  face  of  the 
east  abutment  of  said  Fulton  street  bridge:  running  thence  northerly 
on  a  straight  line  to  a  point  located  a  distance  of  one  houndred  forty 
(140)  feet  measured  westerly  from  the  west  line  of  Campau  street 
along  the  south  line  of  lot  number  eight  (8)  in  Innis,  McConnell,  and 
Barnard's  subdivision  of  lots  three  (3),  four  (4)  and  five  (5)  of  block 
four  (4)  Campau  plat:  running  thence  northerly  on  a  straight  line  to 
a  point  under  the  coping  on  the  west  face  of  the  concrete  abutment 
at  the  east  end  of  and  on  the  center  line  of  the  Grand  Rapids  & 
Indiana  Railroad  Company's  bridge  across  said  Grand  River:  run- 
ning thence  northerly  on  a  straight  line  to  a  point  which  is  one  and 
sixty-five  hundredths  (1.65)  feet  west  of  the  southwest  corner  of  the 
brick  wall  above  the  foundation  of  the  Bissell  Carpet  Sweeper  Com- 
pany's factory  building;  thence  northerly  on  a  straight  line  to  a 
point  on  the  center  line  of  Bridge  street  bridge,  a  distance  ot  twelve 
and  two-tenths  (12.2)  feet  east  of  the  west  face  of  the  east  abut- 
inent  under  the  coping  of  said  bridge:  running  thence  northerly  along 
the  west  face  under  the  coping  of  the  Grand  Rapids  Terminal  Rail- 
way Company's  concrete  wall  along  said  Grand  River  to  the  west 
face  of  the  east  abutment  of  the  public  bridge  across  Grand  River 
at  Sixth  street;  thence  northerly  along  said  railway  company's  wall 
to  the  north  line  of  East  Leonard  street:  running  thence  northerly 
along  the  line  of  said  concrete  wall  produced  to  the  center  line  of 
the  Detroit.  Grand  Haven  and  Milwaukee  Railway  Company's  bridge 
across  said  Grand  River.  And  on  the  west  side  of  Grand  River, 
commencing  at  the  center  line  of  the  Detroit,  Grand  Flaven  and  Mil- 
waukee Railway  Company's  bridge  across  said  Grand  River  and 
running  thence  southerly  on  a  straight  line  parallel  with  the  line 
above  described  on  the  east  side  of  the  said  river,  and  of  the  uniform 
distance   of   six   hundred   feet   therefrom,   to   the   north    line   of   West 

154 


Leonard  street;  running  thence  southcrlj^  on  a  straight  line  to  the 
center  line  of  the  public  bridge  across  Grand  River  at  Sixth  street, 
at  a  point  five  hundred  eighty  (580)  feet  west  of  the  top  of  the  west 
face  of  the  east  abutment  measured  along  the  center  line  of  said 
bridge;  running  thence  southerly  on  a  straight  line  to  a  point  two 
hundred  fifty-five  (255)  feet  easterly  from  the  center  line  of  Front 
street  measured  parallel  to  Fourth  street,  and  one  hundred  ninety- 
three  (193)  feet  southerly  from  the  center  line  of  said  Fourth  street 
measured  parallel  to  Front  street;  thence  southerly  on  a  straight  line 
to  the  center  line  of  Bridge  street  at  a  point  four  hundred  seventy 
(470)  feet  west,  measured  along  the  center  line  of  Bridge  street,  from 
the  line  above  described  on  the  east  side  of  Grand  river;  thence  run- 
ning southerly  parallel  to.  and  of  uniform  distance  from  the  line  first 
above  described  on  the  east  side  of  Grand  River  to  the  north  side  of  said 
Fulton  street  bridge,  all   in  said  city  of  Grand   Rapids. 

Notwithstanding  the  lines  above  described  on  either  side  of  the 
river  cut  off  a  portion  of  the  dam,  it  is  not  intended  hereby  to  give 
the  owners  thereof  or  other  parties  in  interest  any  right,  not  now 
existing,  to  alter  the  said  dam,  or  to  reduce  the  space  for  the  flow  of 
the  water  of  Grand  River  at  the  said  dam,  nor  in  any  way  to  change 
or  effect  the  rights  of  the  owners  of  said  dam  and  water  power  as 
they  now  exist;  and  in  case  of  the  required  occupancy  by  the  owners 
of  the  space  between  the  abutments  at  either  side  of  the  said  dam 
and  the  dock  line  herein  established  and  for  a  distance  of  one  hun- 
dred and  fifty  feet  above  and  one  hundred  feet  below  said  dam  on  both 
sides  of  the  river,  it  must  be  spanned  in  such  manner  as  will  allow 
the  free  passage  of  water  under  it  and  over  said  dam  and  in  accord- 
ance with  the  plans  to  be  approved  by  the  Board  of  Public  Works: 
Provided,  however,  that  before  anything  in  this  section  or  act  shall 
deprive  the  owner  or  owners  of  rights,  estates  or  land  bordering  on 
the  waters  of  said  Grand  River,  within  the  limits  of  said  city,  from 
building  out  beyond  the  lines  in  this  section  established,  or  in  this 
act  provided  to  be  established,  it  shall  be  necessary  and  it  shall  be  the 
duty  of  the  said  city  of  Grand  Rapids,  and  said  city  of  Grand  Rap- 
ids is  hereby  authorized  and  empowered  to  procure  and  obtain  from 
every  such  owaier  of  rights,  estates  or  lands  within  the  limits  of  said 
city,  bordering  on  said  river,  to  be  affected  by  the  establishment  and 
maintenance  of  such  permanent  line  or  lines,  by  purchase  or  written 
release,  or  by  condemnation  proceedings  as  hereinafter  provided,  or 
otherwise,  the  indefeasible  right  to  the  said  city  to  maintain  such 
line  or  lines  permanently,  together  with  the  right  to  cause  to  be  con- 
structed, suitable  stone  walls  on  and  along  such  part  of  the  line  or 
lines  as  are  in  this  act  hereafter  more  particularly  described,  and 
together  with  the  right  of  constructing  and  maintaining  by  said  city 
of  public  sewers  as  hereinafter  provided. 

COMMON  COUNCIL  TO  NEGOTIATE  WITH  RIPARIAN  LAND  OWNERS. 

(Sec.  552.)  Par.  3.  The  Common  Council  is  hereby  authorized 
to  negotiate  wnth  riparian  land  owners  along  the  whole  or  any  part 
of  the  dock  lines  herein  fixed  by  this  act,  or  any  person  or  party 
interested  therein,  for  the  purchase  or  release  of  the  rights  of  said 
parties  to  their  riparian  rights  or  interests  of,  in  or  to  any  section 
or  portion  of  the  river  bed  between  the  dock  lines  herein  established; 
and  if  the  said  common  council  shall  reach  an  agreement  with  such 
riparian  owners,  or  any  of  the  parties  interested  therein,  it  is  hereby 
given  authority  to  make  purchase  of  such  rights  and  provide  for  com- 
pensation for  the  same  in  the  manner  herein  provided  in  the  event 
of  it  being  compelled  to  take  condemnation  proceedings  in  the  Su- 
perior Court  of  Grand  Rapids. 


CONDEMXATIOX     OY    LANDS— ("ITY    TO    C050IENCE     SUIT    IN     SUPERIOR 
COURT. 

(Sec.  553.)  Par.  4.  For  the  purpose  of  obtaining  such  right  by 
and  on  the  part  of  said  city  and  for  the  purpose  of  depriving  the 
riparian  owners,  and  all  other  owners  of  rights,  estates  or  land,  of  all 
rights  or  privileges  which  they  may  have  to  avail  themselves  of  any 
advantage,  privilege  or  right  to  build  out  into  the  river  beyond  such 
permanent  dock,  safety,  sanitary  or  building  lines  herein  established, 
or  that  may  hereafter  be  established  under  and  by  virtue  of  the  pro- 
visions of  this  act,  and  for  the  purpose  of  securing  the  right  and 
privilege  on  the  part  of  the  city  of  Grand  Rapids  of  excavating  in  the 
bottom  of  Grand  river  at  any  point  between  the  said  dock  lines,  for 
the  purpose  of  deepening  the  channel  of  said  river,  the  said  city  of 
Grand  Rapids  may,  as  to  all  that  portion  of  such  lines  situated  be- 
tween the  north  and  south  ends  of  the  dock  lines  hereinbefore  de- 
scribed, at  any  time  after  this  act  takes  effect,  institute  and  prosecute 
proceedings  in  the  Superior  Court  of  Grand  Rapids  for  the  purpose 
of  taking  such  private  property  and  obtaining  said  rights  for  the  use 
or  benefit  of  the  public  within  the  limitations  of  the  constitution  of 
this  state,  in  the  manner  and  form,  except  as  herein  otherwise  pro- 
vided, fixed  by  the  statutes  of  the  state  for  the  taking  of  property 
for  public  use:  Provided,  that  such  action  may  at  any  time  be  taken 
after  said  act  takes  effect  for  such  part  or  portion  of  said  dock  lines 
herein  established  as  may  be  decided  and  determined  by  the  Common 
Council  of  the  city  of  Grand  Rapids;  and  that  thereafter  when  it  shall 
be  determined  necessary  to  secure  the  rights  of  riparian  owners  at 
other  points  along  said  Grand  River  and  within  said  dock  lines,  other 
and  further  proceedings  may  be  taken  by  said  city  in  the  manner 
aforesaid  for  securing  to  the  city  the  said  rights  and  interests  of 
riparian  owners  within  such  portion  of  such  dock  lines  as  the  said 
city  at  such   time   may  determine  to  be  necessary. 

PROSECUTION  OF  PROCEEDINGS. 

(Sec.  554.)  Par.  5.  Such  proceedings  shall  be  commenced  and 
prosecuted  by  the  city  in  the  Superior  Court  in  accordance  with  the 
general  statutes  of  the  state  for  taking  private  property  for  the  use 
and  benefit  of  the  public. 

COMPENSATION  TO  OWNERS,  ETC.,  FOR  PROPERTY  TAKEN— WHEN  DOCK 

LINES  BECOME  PERM.4NENTEY  FIXED — CITY  MAY  CONSTRUCT 

WALES  AND  SEWERS. 

(Sec.  553.)  Par.  6.  Within  three  months  after  the  confirmation 
of  the  verdict  of  the  jury,  or  after  judgment  of  confirmation  ori 
appeal  be  affirmed,  the  Common  Council  shall  sei  apart  and  cause  to 
De  provided  in  the  treasury,  unless  already  provided,  the  amount 
required  to  make  compensation  to  the  owners  and  persons  interested 
for  the  private  property  taken,  and  rights  condemned,  as  awarded  by 
the  jury,  and  shall  in  the  resolution  setting  apart  and  providing  said 
sum,  if  not  already  provided,  direct  the  city  treasurer  to  pay  to  the 
persons  respectively  entitled  to  the  money  so  set  apart  and  provided, 
to  each  his  or  her  proportion,  as  ascertained  and  awarded  by  said 
verdict,  and  it  shall  be  the  duty  of  said  city  treasurer  to  securely 
hold  said  money  in  the  treasury  for  the  purpose  of  paying  svich 
awards,  and  pay  the  same  to  the  persons  entitled  thereto,  according 
to  the  verdict  of  the  jury,  on  demand,  and  not  pay  out  the  money  for 
any  other  purpose  whatever. 

The  Common  Council  may  provide  the  necessary  amount  by 
156 


borrowing  from  the  general  or  contingent  fund  and  repay  the  same 
from  money  raised  by  taxation  to  pay  the  compensation  awarded  by 
the  jury,  when  collected,  or  otherwise,  as  it  may  decide.  Whenever 
the  necessary  sum  is  actually  in  the  treasury  for  such  purpose  the  said 
treasurer  shall  make  and  sign  duplicate  certificates,  verified  by  his 
oath,  showing  that  the  amount  of  the  compensation  awarded  by  the 
jury  is  actually  in  the  treasury  for  the  payment  of  the  damages  and 
compensation  awarded  in  the  case,  giving  the  title  of  the  case.  He 
shall  cause  one  of  the  certificates  to  be  filed  in  the  office  of  the  clerk 
of  said  court  and  the  other  to  be  filed  in  the  office  of  the  city  clerk; 
which  certificates  shall  be  prima  facie  evidence  of  the  matters  therein 
stated.  Whenever  the  amount  of  such  compensation  is  in  the  treasury 
and  thus  secured  to  be  paid,  the  dock,  safety,  sanitary  and  building 
lines  under  and  by  virtue  of  such  proceedings,  or  the  right  of  the  city 
if  that  shall  be  included  in  the  proceedings  to  deepen  the  channel  of 
Grand  river  between  the  dock  lines  aforesaid,  shall  become  perman- 
ently fixed,  and  the  said  city  of  Grand  Rapids  shall  have  the  power 
to  cause  to  be  constructed  the  masonry  walls  in  this  act  provided  for, 
or  to  deepen  the  channel  of  the  bed  of  the  said  river  between  the 
said  dock  lines,  in  the  manner  in  this  act  provided  for;  and  the  said 
city  shall  also  have  the  power  to  construct  and  maintain  public  sewers 
as  in  this  act  provided,  and  from  thence  and  thenceforth  it  shall  be 
absolutely  unlawful  for  any  person  or  persons  to  construct  any  dock, 
wharf,  building  or  structure  of  any  kind  extending  over  and  beyond 
said  lines,  or  to  fill  out  in  said  river,  or  in  any  manner  encroach  upon 
said  river  beyond  said  lines  so  established  and  fixed  by  such  proceed- 
ings, except  as  in  this  act  and  in  the  manner  in  this  act  provided.  In 
case  of  resistance  or  refusal  on  the  part  of  anyone  to  the  Common 
Council,  the  Board  of  Public  Works  of  said  city,  their  agents  or 
servants,  entering  upon  and  taking  possession  of  such  private  prop- 
erty for  the  use  and  purpose  for  which  it  was  taken  at  any  time  after 
the  amount  of  compensation  aforesaid  is  actually  in  the  treasurj% 
ready  to  be  paid  to  those  entitled  thereto,  the  said  Common  Council 
by  the  said  city  attorney,  may  apply  to  the  said  Superior  Court,  and 
shall  be  entitled,  on  making  a  sufficient  showing,  to  a  writ  of  assist- 
ance to  put  them  in  possession  of  the  property. 

FEES  FOB  OFFICERS,  JURORS  AND  WITNESSES. 

(Sec.  556.)  Par.  7.  Officers,  jurors  and  witnesses  in  any  pro- 
ceeding under  this  act  shall  be  entitled  to  receive  from  the  city  the 
same  fees  and  compensation  as  are  provided  by  law  for  similar  ser- 
vices in  ordinary  actions  at  law  in  the  circuit  courts  of  this  state. 

COSTS  TO  BE  PAID  FR03I  GENERAL  FUND — ATTORNEY  FEE. 

(Sec.  557.)  Par.  8.  All  expenses  and  costs  of  the  proceedings  to 
take  and  use  private  property  under  this  act  incurred  by  the  city, 
shall  be  paid  out  of  the  general  fund  of  said  city,  and  it  shall  be  law- 
ful for  the  judge  of  said  Superior  Court  in  any  case  where  lie  deems 
the  circumstances  justify  it,  to  order  the  payment  by  the  city  to  any 
respondent  of  such  reasonable  attorney  fee  as  he  may  deem  just,  not 
exceeding  tw-enty-five  dollars,  which  may  be  taxed  with   the  costs. 

COMMON  COUNCIL  MAY  DISCONTINUE  PROCEEDINGS  OR  APPEAL. 

(Sec.  558.)  Par.  9.  The  Common  Council  shall  have  power  to 
discontinue  proceedings  under  this  act  after  the  rendition  of  the  ver- 
dict of  the  jury  upon  the  payment  by  the  said  city  of  the  costs  of 
said  proceedings,  or  it  may  direct  the  city  attorney  to  move  for  a  new 

157 


trial  or  to  arrest  the  proceedings,  or  to  take  an  appeal  to  the  Su- 
preme Court;  and  in  any  such  case  the  same  proceedings  shall  be 
taken  as  hereinbefore  prescribed  in  the  case  of  like  proceedings  on 
the  part  of  any  respondent,  except  that  no  bond  shall  be  required  nor 
shall  the  city  be  required  to  pay  the  clerk  of  said  Superior  Court  any 
fees. 

EVIDENCE  OF  OWNERSHIP  OF  LAND. 

(Sec.  559.)  Par.  10.  It  shall  be  prima  facie  evidence  as  to  who 
are  the  owners  and  persons  interested  in  any  property  proposed  to 
be  taken  or  aflfected  'in  the  proceedings  instituted  under  this  act,  if  the 
register  or  deputy  register  of  deeds  of  the  said  county  shall  testify 
in  open  court  that  he  has  examined  the  records  and  titles  in  his  office 
and  states  who  such  records  show  are  the  owners  of  and  persons 
interested  in  such  property,  and  the  nature  and  extent  of  such  owner- 
ship and  interest;  and  an  abstract  of  title  of  such  property  or  of  any 
parcel  or  parcels  thereof  certified  by  said  register  or  deputy  register 
of  deeds  shall  also  be  prima  facie  evidence  as  to  the  ownership  and 
persons  having  interest  in  any  such  property,  and  the  extent  and 
nature  of  such  interest. 

BUILDING  OF  BRIDGES,  ETC. 

(Sec.  560.)  Par.  11.  After  any  such  dock,  safety,  sanitary  and 
building  line  shall  have,  as  hereinbefore  provided,  or  the  right  to 
deepen  the  river  between  the  dock  lines  aforesaid,  been  established  by 
judgment  of  confirmation  of  the  verdict  of  the  jury,  or  by  affirma- 
tion in  the  Supreme  Court  of  such  judgment  and  the  compensation, 
as  hereinbefore  provided,  shall  have  been  duly  secured  for  the  pay- 
ments of  the  awards  of  the  jury,  or  after  such  rights  as  hereinbefore 
provided,  shall  have  been  secured  by  written  release  and  consent,  it 
shall  nevertheless  be  lawful  and  the  said  city  shall  have  the  right, 
subject  to  the  provisions  of  section  four  of  article  eighteen  of  the 
constituion  of  this  state,  to  erect  and  maintain  bridges,  public  mar- 
ket places  and  public  market  bridges  in,  over  and  across  the  said  river, 
beyond  the  lines  so  established;  such  bridges,  market  places  and  mar- 
ket bridges  to  be  supported  bj'  stone  or  iron  piers  or  upon  iron 
columns  and  supports  resting  upon  the  river  bed:  Provided,  that 
all  such  supporting  piers  and  columns  shall  not  create  any  greater 
obstruction  to  the  waters  of  the  river  than  the  present  piers  of  the 
present  public  bridges  across  the  same  in  said  city.  And  provided 
further,  that  all  such  supporting  piers  and  columns  shall  be  erected  in 
parallel  lines  with  the  faces  of  the  said  piers  of  said  public  bridges, 
and  shall  also  be  in  line  as  near  as  may  be  with  each  other,  and  shall 
in  no  case  be  less  than  forty  feet  apart  east  and  west,  and  not  less 
than  that  distance  from  the  said  walls  and  lines. 

COUNCIL,  3IAY  REQUIRE   ABUTTING   PROPERTY   OWNERS   TO  CON- 
STRUCT WALL. 

(Sec.  561.)  Par.  12.  On  either  side  of  that  portion  of  said  river 
situate  between  a  point  one  hundred  feet  below  said  dam  across  said 
river  in  said  city  and  the  said  public  bridge  across  said  Fulton  street 
in  said  city,  the  Common  Council  of  said  city,  after  the  city  has 
acquired,  in  the  manner  hereinbefore  provided  in  this  act,  the  right 
to  maintain  permanent  lines,  shall  have  the  power  and  it  shall  be  the 
duty  of  said  city  to  require  the  owner  or  occupant  of  any  lot,  land 
or  premises  adjoining  and  bordering  on  said  river  beween  said  point 
below  said  dam  and  said  Fulton  street  bridge,  to  construct,  build  and 

158 


maintain  a  suitable  stone  wall  on  and  along  said  dock,  safety,  sani- 
tary and  building  lines  on  both  sides  of  the  river,  between  said  points; 
such  walls  to  be  constructed  under  the  direction  and  supervision  of 
the  said  Board  of  Public  Works,  and  in  accordance  with  the  plans  and 
specifications  to  be  bj-  said  board  first  prepared  and  approved.  And 
said  plans  and  specifications  shall  be  prepared  and  approved  by  said 
Board  of  Public  Works  and  filed  for  public  inspection  in  the  office 
of  the  engineer  of  said  board  within  six  months  after  said  city  has 
acquired  the  right  to  maintain  the  said  permanent  lines  as  afore- 
said: Provided,  however,  that  no  part  of  said  wall  shall  be  required 
to  be  built  before  May  i,  1906,  nor  shall  a  wall  more  than  four  feet  in 
height  be  required  to  be  built  during  the  first  year,  and  thereafter  said 
wall  shall  be  raised  in  height  as  may  be  required  by  the  Board  of 
Public  Works,  as  it  shall  deem  necessary,  until  it  shall  be  built  to  the 
height  called  for  in  said  plans  and  specifications.  Every  such  owner 
and  occupant  shall  be  required  at  his  own  expense  to  so  construct  such 
wall  or  walls,  from  time  to  time,  on  said  line,  in  front  of  or  adjoining 
his  lands  or  premises  facing  or  bordering  on  the  river,  and  to  main- 
tain the  same  in  good  order  and  repair  at  his  own  expense.  After 
said  plans  and  specifications  have  been  prepared,  approved  and  filed, 
any  owner  or  occupant  may  of  his  own  volition,  without  waiting  for 
any  order  or  direction  from  the  public  authorities,  construct  the  whole 
or  any  part  of  said  wall  in  front  of  or  adjoining  his  lands  or  premises 
in   accordance  with   said  plans   and  specifications. 

NOTICE  TO  BE  SERVED  ON   OWNERS  TO  BUILD  WALL. 

(Sec.  562.)  Par.  13.  Before  any  such  owner  or  occupant  shall  be 
required  to  construct  and  maintain  any  such  stone  wall,  he  shall  first  be 
notified  in  writing  so  to  do,  in  accordance  with  the  plans  and  specifications 
theretofore  adopted  by  the  Board  of  Public  Works,  by  notice  to  be  served 
in  the  manner  hereinafter  provided,  at  least  thirty  days  before  he  shall  be 
required  to  commence  such  construction. 

NOTICE— WHAT    TO    SPECIFY— DUTY    OU    COUNCIL    IF    OWNER    NEGLECTS 
OR  REFUSES  TO  BUILD  WALL. 

(Sec.  563.)  Par.  14.  Such  notice  may  be  written  or  printed  or  partly 
written  and  partly  printed,  and  shall  specify  therein,  as  near  as  may  be, 
the  location  of  the  portion  of  the  wall  to  be  constructed,  the  length  thereof 
and  the  height  and  thickness  and  slope  thereof,  and  shall  further  specify 
as  near  as  may  be,  the  material  and  manner  and  method  in  which  the  same 
is  to  be  constructed,  all  of  which  shall  be  in  accordance  with  the  plans  and 
specifications  adopted  by  said  board  on  file  for  public  inspection  in  the  office 
of  the  engineer  of  said  board,  and  the  time  within  which  such  walls  or  por- 
tions are  to  be  fully  completed.  Such  notice  before  the  issuing  thereof  shall 
be  first  approved  by  the  Board  of  Public  Works  and  signed  by  the  president 
and  countersigned  by  the  clerk  of  said  board,  and  shall  be  personally  served 
upon  such  respective  owners  or  occupants  by  the  marshal  or  deputy 
marshal  of  said  city,  within  such  time  as  the  said  board  shall  fix.  If  the 
premises  be  occupied  and  the  owner  be  a  non-resident  of  the  city,  the  said 
marshal  may  serve  said  notice  by  posting  up  the  same  in  a  conspicuous 
place  on  the  premises ;  and  in  case  the  said  owner  or  occupant  be  absent 
from  said  premises,  said  notice  may  be  served  by  leaving  a  copy  of  the 
same  at  his  or  her  usual  or  last  place  of  abode  with  some  person  of  suitable 
age  and  discretion.  If  any  such  owner  or  occupant  shall  neglect  or  refuse 
to  construct  such  wall  or  portions  thereof,  within  the  time,  said  board  shall 
in  such  notice  prescribe,  it  shall  be  lawful  and  it  shall  be  the  duty  of  the 
Common  Council  of  said  city  to  cause  the  same  to  be  done   under  the 

159 


direction  and  supervision  of  said  Board  of  Public  Works  and  according  to 
said  plans  and  specifications,  at  the  expense  of  said  city,  an  accurate  ac- 
count of  the  expense  thereof  shall  be  kept  by  the  said  Board  of  Public 
Works,  and  return  made  to  the  city  clerk,  which  said  account  shall  be 
certified  by  the  engineer  of  said  board  to  be  correct  and  filed  in  the  office  of 
the  city  clerk  within  ten  days  after  said  work  shall  be  done.  Said  accoimt, 
so  certified  by  said  engineer,  shall  contain  a  description  of  each  parcel  of 
real  estate  adjoining  which  said  wall  was  built,  and  the  expense  thereof, 
and  also  the  name  of  the  owner  or  occupant  of  each  parcel  of  said  real 
estate,  if  known,  and  if  not  known,  such  fact  shall  be  so  stated  in  said  ac- 
count. The  expense  to  which  any  tenant  or  occupant  may  be  thus  sub- 
jected may  be  collected  by  him  from  the  owner  of  the  premises,  unless 
otherwise  agreed,  or  unless  such  tenant  or  occupant  be  bound  to  bear  such 
expense  by  the  terms  or  nature  of  the  agreement  under  which  he  holds 
his  premises. 

ASSESSMENT    FOB   3IONEYS    PAID    FOR    BUILDING    WALL,,    ETC. 

(Sec.  564.)  Par.  15.  And  it  shall  be  lawful  for  the  Common  Council 
of  said  city,  and  it  shall  be  its  duty,  to  direct  by  resolution  that  the  Board 
of  Assessors  who  are  by  this  act  constituted  commissioners  to  make  such 
assessment  upon  all  owners  or  occupants  of  said  abutting  lands,  who  shall 
have  neglected  or  refused  to  construct  such  part  of  the  wall  or  walls  as 
directed,  for  the  amount  of  the  expenses  which  the  city  was  necessarily  put 
to  in  the  building  of  such  wall  or  walls  or  parts  thereof  in  front  of  such 
abutting  parcels  of  lands  on  account  of  such  default.  And  it  shall  be  the 
duty  of  such  commissioners  to  assess  such  amount  or  amounts  upon  such 
parcels  of  lands,  but  the  same  shall  not  be  done  until  after  notice  to  the 
owner  or  occupants  who  shall  have  a  right  to  be  heard,  and  also  the  right 
to  appeal  to  the  Common  Council.  Such  notice,  assessments  and  proceed- 
ings shall  be  in  accordance  with  and  under  the  provisions  of  Title  VI  of 
this  charter,  as  near  as  may  be,  which  relate  to  assessments  for  street  and 
public  improvements.  After  such  assessments  are  thus  made,  the  amounts 
thereof  shall  then  become  a  lien  upon  all  such  parcels  of  land.  Such  lien 
or  liens  may  be  enforced  by  a  sale  of  such  lands  under  and  in  accordance 
with  said  provisions,  or  by  suit  in  equity  in  the  name  of  the  city,  to  be  by 
it  begun  and  prosecuted  to  final  decree  in  said  Superior  Court  in  accordance 
with  the  usual  practice  in  chancery. 

RIGHTS  OF  CITY  TO  INGRESS,  EGRESS,  AND  REGRESS  OVER  LANDS,  AND 

TO  CONSTRUCT  SEWERS  THEREIN — CITY  TO  HAVE  RIGHT  TO  CLEAN 

OR  DEEPEN  RIVER  BED. 

(Sec.  565.)  Par.  16.  After  the  said  city  shall  have  in  the  manner 
hereinbefore  provided,  obtained  the  right  to  maintain  such  permanent  lines, 
and  simultaneous  with  the  construction  of  such  stone  walls  along  such  lines, 
and  to  deepen  the  river  bed  between  said  dock  lines,  it  shall  have  the  right, 
power  and  authority  of  ingress,  egress  or  regress  over  the  lands  of  the 
adjacent  owners  or  occupants  adjoining  or  bordering  upon  said  lines  for  the 
purpose  of  constructing  and  maintaining  public  sewers  therein  between  the 
wall  and  the  present  banks  of  the  river,  such  sewers  to  be  constructed 
simultaneously,  as  near  as  may  be,  with  the  construction  of  such  stone 
walls  :  Provided,  however.  That  on  the  east  side  of  said  Grand  River  such 
right  to  construct  such  sewers  shall  not  be  exercised  north  of  the  north 
line  of  Lyon  street,  a  public  street  in  said  city :  And  provided  further,  that 
on  the  west  side  of  said  river  such  power  shall  not  be  exercised  north  of  the 
south  line  of  the  Grand  Rapids  &  Indiana  railroad  bridge  across  said  river 
in  said  city.  The  ordering  of  the  construction  of  the  said  sewers  and  the 
construction  thereof  shall  be  under  the  direction  of  the  Common  Council 

160 


>!f  said  citj'  and  the  Board  of  Public  Works  thereof,  in  the  same  manner, 
as  qear  as  may  be,  as  is  now  or  iTereafter  may  be  provided  for  the  con- 
■-iruction  of  public  sewers  in  said  city;  and  after  any  such  sewer  or  sewers 
shall  have  been  constructed  the  said  city  shall  have  alf  reasonable  right  of 
ingress,  egress  and  regress  over  the  premises  of  private  parties  through 
whose  property  such  sewers  run,  for  the  purpose  of  keeping  the  same  in 
nitable  order  and  repair;  and  the  said  city  shall  also  have  the  power  and 
.luthority  at  all  times  to  keep  such  river  within  the  corporate  limits  of  said 
city,  and  the  river  bed  within  said  corporate  limits,  clean- and  unobstructed 
for  the  purpose  of  promoting  the  safety  and  health  of  said  city  and  the  in- 
habitants thereof;  and  shall  have  power  and  authority  within  the  dock 
lines  established  as  aforesaid  to  deepen  the  river  channel  or  occupy  or  use 
the  river  bed  in  such  manner  as  may  be  deemed  to  be  conducive  to  the  best 
interests  of  the  city  of  Grand  Rapids. 

BOAR!)  <>I'   ITBMC   WORKS— POWER   TO   ESTABLISH   ROCK,   ETC.,   LINES. 

(Sec.  566.)  Par.  17.  Power  and  authority  is  hereby  conferred  on  the 
Board  of  Public  Works  of  the  city  of  Grand  Rapids,  by  and  with  the  con- 
currence of  the  Common  Council,  to  establish  dock,  safety,  sanitary  and 
building  lines  on  the  shores  and  margin  of  Grand  River  within  the  cor- 
porate limits  thereof  and  in  the  waters  and  on  the  bed  of  said  river  along- 
said  shores  and  margin  southward  from  the  said  north  line  of  said  Fulton 
■-treet  bridge  to  the  south  boundaries  of  the  city  as  they  now  are  or  here- 
after may  be  established,  and  to  build  or  cause  to  be  built  stone  walls  there- 
on under  and  in  accordance  with  the  provisions  of  this  act ;  and  north  from 
the  north  limits  of  said  city  as  established  by  an  act  approved  March  25, 
1897,  northward  to  the  north  limits  of  said  city ;  which  said  future  lines, 
■  iieji  established,  either  north  of  the  lines  specilically  fixed  in  this  act  or 
-nth  of  the  lines  specifically  fixed  in  this  act,  shall  be  parallel  as  near  as 
I'.ay  be:  Provided,  however,  That  before  said  Board  of  Public  Works 
shall  establish  such  "future  line  or  lines,  either  north  or  south  of  the  lines 
fixed  in  this  act,  they  shall  give  public  notice  thereof  by  publication  of  their 
intention  so  to  do  in  at  least  two  of  the  daily  papers  of  said  city,  for  a  period 
of  at  least  thirty  days  prior  to  the  establishment  of  any  such  line  or  lines. 
And  all  parties  interested  in  the  establishment  of  any  such  future  line  or 
lines  shall  have  a  reasonable  opportunity  to  be  heard  before  said  board 
prior  to  the  adoption  thereof  by  said  board :  And  provided  further,  That 
such  future  line  or  lines  shall  become  perm.anently  established,  proceedings 
shall  be  taken  in  the  manner  in  "this  act  provided  for  the  taking  of  private 
property  necessitated  by  the  establishment  of  such  lines,  and  the  condemn- 
ing of  the  private  rights  that  would  necessarily  be  condemned  in  the 
establishment  of  such  lines.  And  after  such  proceedings  shall  have  been 
had  in  the  manner  in  this  act  provided,  such  lines  shall  become  permanently 
fixed  as  the  dock,  safety,  sanitary  and  building  lines,  north  or  south,  as  the 
case  may  be,  of  the  lines  specifically  fixed  by  this  act. 

COSmOX   COI'NCIE   TO   EXFORCE   POWERS   GRAXTEI)   BV   THIS   ACT 
BY  ORDIXAXCES. 

(Sec.  567.)  Par.  18.  The  Common  Council  of  said  city  is  hereby 
authorized  and  empowered  to  enforce  the  powers  hereby  granted  relating  to 
the  establishment  of  dock,  safety,  sanitary  and  building  lines,  by  ordinances 
duly  enacted  in  that  regard,  and  may  impose  appropriate  penalties  for  that 
purpose  within  the  limits  prescribed  by  the  charter  of  said  city  or  the  pro- 
visions of  this  act  or  the  ordinances  and  regulations  of  the  said  Common 
Council  and  said  Board  of  Public  Works  in  relation  thereto,  may  be  en- 
forced at  the  suit  of  .said  city  by  a  bill  in  equity  in  the  said  Superior  Court 
of  Grand  Rapids. 

161 


GENERAL  REPEALING  CLAUSE  OF  CHARTER. 

(Sec.  568.)  All  acts  or  parts  of  acts  so  far  as  the  same  are  incon- 
sistent with  the  provisions  of  this  act,  the  same  being  the  charter  of 
the  city  ofsGrand  Rapids,  are  hereby  repealed:  Provided,  however,  That 
all  rights,  interests,  proceedings  or  actions  preserved  by  the  express  lan- 
guage of  any  part  or  portion  of  this  charter  shall  not  be  modified  or  in  any 
manner  affected  by  this  repealing  provision,  and.   Provided,  That  the  act 

of  the  legislature  for  the  years  1903  approved repealing 

the  charter  of  the  Grand  Rapids  Hydraulic  Company,  or  any  of  its  pro- 
visions shall  not  be  affected  by  this  repealing  clause ;  and  provided  that 
the  act  of  the  legislature  for  the  year  1897,  approved  April  24,  to  authorize 
said  city  to  issue  its  bonds  for  the  improvement  of  Grand  River,  and  the 
so-called  Superior  Court  Act  approved  March  24,  1875,  and  the  amend- 
ments thereof  shall  not  be  affected  by  this  repealing  clause. 


162 


/^^ 


^Ss 


'r^  Yrr^^^ 


CHARTER 


The  City  of  Houston 


HARRIS  COUNTY, 
...TEXAS... 


As  Passed  by  the  29th  Legislature 


1905 


HOUSTON, TEXAS: 

W.  H.  COYLE  &  CO.,   PRINTEKS, 

1905. 


V 


Tin  it  ct^AM^  fi^ 


AN   ACT 


To  Grant  a  New  Charter  to  the  City  of  Houston, 

Harris  County,  Texas;  Repealing  all  Laws 

OR  Parts  of  Laws  in  Conflict  Herewith, 

AND  Declaring  an  Emergency. 


Be  it  enacted  by  the  Legislature  of  the  State  of  Texas: 

ARTICLE   I. 

Secjion  1.  CORPORATE  NAME.— That  all  the  inhabitants  of  the 
City  of  Houston,  Harris  County,  Texas,  as  the  boundaries  and  limits  of 
said  city  are  herein  established,  or  may  be  hereafter  established,  shall 
be  a  body  politic,  incorporated  under,  and  to  be  known  by,  the  name 
and  style  of  the  "City  of  Houston,"  with  such  powers,  rights  and 
duties  as  are  herein  provided. 

Sec.  2.  BOUNDARIES.— That  the  boundaries  and  limits  of  said 
corporation  shall  be  four  miles  square,  to  be  run  with  the  cardinal 
points  of  the  compass,  of  which  the  center  of  the  Court  House  Square 
of  Harris  County,  in  the  City  of  Houston,  shall  be  the  center;  provided, 
that  such  part  of  the  present  boundaries  of  the  incorporated  town  of 
Houston  Heights  as  may  be  included  in  the  above  description  of  the 
boundaries  of  the  City  of  Houston,  shall  be  excepted  therefrom  and  not 
included  in  the  boundaries  or  limits  of  the  City  of  Houston. 

Sec.  3.  PLATTING  OP  PROPERTY.— That  should  any  property 
lying  within  the  city  limits  as  established  by  this  act  be  hereafter 
platted  into  blocks  and  lots,  then  and  in  that  event  the  owners  of 
said  property  shall  plat  and  lay  the  same  off  to  conform  to  the 
streets  and  lots  abutting  on  same,  and  shall  file  with  the  City  Engineer 
a  correct  map  of  same;  provided,  that  in  no  case  shall  the  City  ot 
Houston  be  required  to  pay  for  any  of  said  streets  at  whatever  date 
opened,  but  w'hen  opened  by  reason  of  the  platting  of  said  property, 
at  whatever  date  platted,  they  shall  become  by  such  act  the  property  of 
the  City  of  Houston  for  use  as  public  highways,  and  shall  be  cared 
for  as  such. 

article  II. 

Sectiox  1.  corporate  POWERS.— The  City  of  Houston,  made  a 
body  politic  and  corporate  by  this  act,  shall  have  perpetual  succes- 
sion, may  use  a  common  seal,  may  sue  and  be  sued,  may  contract 
and  be  contracted  with,  implead  and  be  impleaded  in  all  courts  and 
places   and    in   all    matters    whatever,   may    take,    hold,   and    purchase 


Charter  of  the 


lands  as  may  be  needed  for  the  corporate  purposes  of  said  city,  and 
may  sell  any  real  estate  or  personal  property  owned  by  it,  per- 
form and  render  all  public  services,  and,  when  deemed  expedient, 
may  condemn  property  for  public  use,  and  may  hold,  manage  and 
control  the  same;  such  condemnation  proceedings  to  be  governed  and 
controlled  by  the  law  now  in  force  in  reference  to  the  condemna- 
tion of  the  right  of  way  of  railroad  companies  and  the  assessment 
ot  damages  therefor,  and  shall  be  subject  to  all  the  duties  and  ob- 
ligations now  pertaining  to  or  incumbent  upon  said  city  as  a  corpora- 
tion not  in  conflict  with  the  provisions  of  this  act.  and  shall  enjoy 
all  the  rights,  immunities,  powers,  privileges  and  franchises  now  pos- 
sessed and  enjoyed  by  said  city  and  herein  granted  and  conferred. 

Sec.  2.  POWERS  OF  ORDINANCE.— The  City  of  Houston  shall 
have  power  to  enact  and  to  enforce  all  ordinances  necessary  to  pro- 
tect health,  life  and  property,  and  to  prevent  and  summarily  abate 
and  remove  nuisances,  and  to  preserve  and  enforce  the  good  gov- 
ernment, order  and  security  of  the  city  and  its  inhabitants;  to  pro- 
tect the  lives,  health  and  property  of  the  inhabitants  of  said  city, 
and  to  enact  and  enforce  any  and  all  ordinances  upon  any  subject; 
provided,  that  no  ordinance  shall  be  enacted  inconsistent  with  the  laws 
of  the  State  of  Texas,  or  inconsistent  with  the  provisions  of  this 
act;  and,  provided,  further,  that  the  specification  of  particular  pow- 
ers shall  never  be  construed  as  a  limitation  upon  the  general  pow- 
ers herein  granted;  it  being  intended  by  this  act  to  grant  to  and 
bestow  upon  the  inhabitants  of  the  City  of  Houston  and  the  City  of 
Houston  full  power  of  self  government,  and  it  shall  have  and  exer- 
cise all  powers  of  municipal  government  not  prohibited  to  it  by  this 
Charter  or  by  some  general  law  of  the  State  of  Texas,  or  by  the  pi'o- 
visions  of  the  Constitution  of  the  State  of  Texas. 


Sec.  3.  REAL  ESTATE,  ETC.,  OWNED  BY  CITY.— All  real  estate 
owned  in  fee  simple  title,  or  held  by  lease,  sufferance,  easement  or 
otherwise;  all  public  buildings,  market  houses,  school  houses,  fire 
engine  stations,  public  squares,  parks,  streets,  alleys,  and  all  prop- 
erty of  whatever  kind,  character  and  description  which  has  been  grant- 
ed, donated,  purchased,  or  otherwise  acquired  by  the  City  of  Hous- 
ton through  any  means  or  agency,  and  all  causes  of  action,  choses 
in  action,  rights  or  privileges  of  every  kind  and  character,  and  all 
property  of  whatsoever  character  or  description  -which  may  have  been 
held,  and  is  now  held,  controlled  or  used  by  said  City  of  Houston  for 
public  uses  or  in  trust  for  the  public  shall  vest  in,  and  remain  in  and  in- 
ure to  the  said  corporation,  the  City  of  Houston,  under  this  act;  and  all 
suits  and  pending  actions  to  which  the  City  of  Houston  heretofore  was 
or  now  is  a  party,  plaintiff  or  defendant,  shall  in  no  wise  be  affected 
or  terminated  by  the  provisions  of  this  act,  but  shall  continue  un- 
iibated. 

Sec.  4.  STREET  POWERS.— The  City  of  Houston  shall  have  power 
to  lay  out,  establish,  open,  alter,  widen,  lower,  extend,  grade,  narrow, 
•care  for,  sell,  pave,  supervise,  maintain  and  improve  streets,  alleys, 
sidewalks,  squares,  parks,  public  places  and  bridges,  and  to  vacate 
and  close  the  same;  and  to  regulate  the  use  thereof;  and  to  require 
the  removal  from  the  streets  and  sidewalks  of  all  obstructions,  tele- 


City  of  Houston 


graph,  telephone,  street  railway  or  other  poles  carrying  electric  wires, 
signs,  fruit  stands,  showcases,  and  encroachments  of  every  character 
upon  said  streets  or  sidewalks;  and  to  vacate  and  close  private  ways. 

Sec.  5.  TO  REGULATE  STREET  AND  ELECTRIC  RAILWAY 
COMPANIES. — The  City  of  Houston  shall  have  the  power  by  ordinance 
or  otherwise,  to  regulate  the  speed  of  engines,  locomotives  and  street 
cars  within  the  limits  of  said  city;  and  to  require  steam  railway  com- 
l-anies  to  keep  the  streets  over  which  they  run  properly  drained, 
and  to  light  the  same  wherever  deemed  necessary,  and  to  require 
steam  and  electric  railway  companies  to  construct  and  keep  in  re- 
pair from  curb  to  curb  bridges  and  crossings  over  all  the  ditches, 
and  to  construct  and  maintain  drains  and  culverts  where  crossed  by 
any  line  of  said  railways  on  all  streets  over  which  they  run;  to  di- 
rect and  control  the  laying  and  construction  of  railroad  tracks,  turn- 
outs and  switches,  and  to  regulate  the  grade  of  same,  and  to  re- 
quire them  to  conform  to  the  grade  of  the  streets  of  said  city  as 
they  may  be  or  are  now  established,  and  that  said  tracks,  turnouts 
and  switches  be  so  constructed  and  laid  out  as  to  interfere  as  little 
as  possible  with  the  ordinary  travel  in  the  use  of  the  streets. 

The  City  of  Houston  shall  have  power  by  ordinance  or  otherwise 
to  require  steam  railways  using  any  portion  of  the  streets  of  the 
city  to  pay  all  or  any  part  of  the  paving,  grading,  draining  and  repair 
thereof  along  the  street  so  used  by  such  railway,  and  to  light  the 
same  whenever  and  wherever  deemed  necessary  or  advisable. 

Said  city  shall  have  power  by  ordinance  or  otherwise  to  require 
any  street  or  electric  railway  company  to  pay  the  cost  of  the  grading, 
paving,  repairing  or  repaving  or  otherwise  improving  the  street  or 
streets  or  intersections  thereof  used  or  occupied  by  such  railway 
company,  and  such  cost  shall  be  a  lien  upon  the  property  and  fran- 
chises of  the  company.  The  portion  of  the  street  occupied  by  an 
electric  or  street  railway  company  shall  be  deemed  to  be  ihe  space 
between  its  tracks  and  twelve  inches  on  the  outside  of  each  of  its  rails, 
and  all  the  space  between  double  tracks,  turnouts  and  switches. 

Any  railroad  company  or  street  railway  company  proposing,  with 
the  permission  of  the  Council,  to  occupy  any  street  or  streets  already 
occupied  by  any  such  other  Company,  shall,  besides  paying  for  paving 
as  may  be  required  by  the  City  Council,  or  by  the  provisions  of  this 
act,  be  required  also  to  pay  for  paving  between  the  tracks  of  said 
two  roads  to  within  twelve  inches  of  the  track  of  such  other  road, 
and  such  cost  shall  be  a  lien  upon  the  property  and  franchises  of 
the  company. 

Should  any  railroad  or  street  railway  company  propose  to  lay  a 
track  on  any  street  or  portion  of  a  street  which  shall  have  been  im- 
proved under  the  provisions  of  this  act,  it  shall  become  liable  for  the 
portion  of  the  cost  of  such  improvement  as  the  City  Council  may 
direct,  or  as  is  fixed  by  this  act. 

No  railroad  or  street  railway  company  shall  be  permitted  to  occupy 
any  street  or  portion  of  a  street,  improved  or  otherwise,  not  previously 
occupied  by  it,  except  with  the  permission  of  the  City  Council. 

The  City  Council  shall  have  power  by  ordinance  to  require  any 
street  car  or  electric  railway  company,  or  other  person  or  corporation 


Charter  of  the 


operating  street  cars  in,  into  or  through  the  City  of  Houston,  to  issue 
to  its  passengers  transfers  from  any  of  its  lines  to  any  other  lines 
within  the  city,  upon  the  payment  by  said  passenger  of  the  fare  or 
rate  prescribed  for  one  continuous  passage. 

Sec.  6.  TO  REGULATE  RATES  OP  PUBLIC  UTILITIES.— The  City 
Council  shall  have  the  power  by  ordinance  to  fix  and  regulate  the 
price  of  water,  gas  and  electric  lights,  and  to  regulate  and  fix  the 
fares,  tolls  and  charges  of  local  telephones  and  exchanges;  of  public 
carriers  and  hacks,  whether  transporting  passengers,  freight  or  bag- 
gage, and  generally  to  fix  and  regulate  the  rates,  tolls  or  charges  of 
all  public  utilities  of  every  kind. 

To  fix  and  regulate  the  fares  nnd  charges  of  electric  or  street  railway 
companies,  and  shall  require  by  ordinance,  under  proper  penalties,  that 
any  street  railroad  using  any  of  the  streets  of  the  city  shall  for  one  fare 
give  a  transfer  from  any  of  its  lines  to  any  other  line  in  the  city, 
whether  such  other  line  be  owned  by  it  or  any  other  company,  and 
in  addition  to  the  penalties  to  be  prescribed  by  ordinance  for  the 
failure  to  give  transfers,  shall  have  the  right  by  mandamus  or  other 
proper  remedy  in  any  court  of  competent  jurisdiction  to  enforce  any 
ordinance  requiring  the  giving  of  transfers  by  any  street  railroad 
company;  and  in  addition  thereto  the  City  of  Houston  may  recover  of 
the  street  railway  company  the  sum  of  twenty-five  dollars  as  penalty 
and  liquidated  damages  for  each  and  every  failure  to  give  a  transfer. 

It  shall  be  unlawful  to  continue,  amend  or  extend  any  street  rail- 
road franchise,  without  binding  any  such  railroad  to  give  universal 
transfers,  under  provisions  to  be  fixed  by  general  ordinance. 

Sec.  7.  MAY  OWN  WATERWORKS.— The  City  of  Houston  may 
buy  or  construct,  own,  maintain  and  operate  a  system  of  waterworks, 
gas  or  electric  lighting  plants,  street  cars  and  sewers,  and  it  shall 
be  its  duty  to  regulate,  care  for  and  dispose  of  sewage,  waste  water, 
surface  water,  offal,  garbage  and  other  refuse  matter,  and  to  make 
rules  and  regulations  governing  the  same,  and  prescribe  penalties 
for  violations  of  said  rules  and  regulations. 

Sec.  8.  FIRES. — The  City  of  Houston  shall  have  po-wer  to  provide 
means  for  the  protection  against  and  the  extinguishment  of  conflagra- 
tions, and  for  the  regulation,  maintenance  and  support  of  the  fire 
department,  and  for  the  purpose  of  guarding  against  the  calamity  of 
fire,  may  prescribe  fire  limits,  and  may  regulate  or  prohibit  the 
erection,  building,  placing  or  repairing  of  wooden  buildings  within 
such  limits  in  said  city  as  may  by  ordinance  be  designated  and  pre- 
scribed as  fire  limits,  and  may  also  within  said  limits  prohibit  the 
moving  or  putting  up  of  any  wooden  buildings  from  without  said 
limits,  and  may  also  prohibit  the  removal  of  any  wooden  buildings 
from  one  place  to  another  within  said  limits,  and  may  direct  and 
prescribe  that  all  buildings  within  the  limits  so  designated  in  the 
ordinance  as  fire  limits  shall  be  made  or  constructed  of  fire-proof 
material,  the  kind,  character,  extent  and  quality  of  which  buildings 
and  material  may  by  ordinance  be  prescribed  and  fixed,  and  may  pro- 
hibit the  repairing  of  wooden  buildings  in  fire  limits  when  the  same 
shall  have  been  damaged  to  within  fifty  per  cent  of  the  value  thereof. 


City  of  Houston 


and  may  prescribe  the  manner  of  finding  such,  damages,  and  may  de- 
clare all  dilapidated  buildings  to  be  nuisances  and  direct  the  same 
to  be  repaired,  removed  or  abated  in  such  manner  as  the  Council 
may  prescribe,  and  may  declare  all  wooden  buildings  in  the  fire  limits 
which  they  deem  dangerous  to  contiguous  buildings,  or  which  may 
cause  or  promote  fires,  to  be  nuisances,  and  may  require  and  cause 
the  same  to  be  removed  in  such  manner  as  may  be  prescribed,  at 
the  expense  of  the  owner,  and  may  further  prescribe  limits  within 
which  only  a  fire-proof  roofing  may  be  used,  and  may  impose  a  penalty 
for  violations  of  such  rules  and  regulations. 

The  city  shall  have  the  right  by  ordinance  to  regulate,  prescribe 
and  govern  the  storage  of  lumber,  sash,  doors,  blinds  and  any  and  all 
kinds  of  goods,  wares  and  merchandise  of  every  kind,  and  prescribe 
limits  within  which  such  materials  may  be  carried,  and  fix  penalties 
for  violation  of  the  rules  and  ordinances  governing  the  same. 

Sec.  9.  WHARVES  AND  DOCKS.— Said  city  shall  have  power  to 
establish,  buy,  erect,  maintain,  own,  lease  and  regulate  wharves  and 
docks,  charge  wharfage  and  dockage,  regulate  the  use  of  White  Oak 
and  Buffalo  Bayous,  and  fix  places  for  the  anchorage  of  water  craft 
thereon. 

Sec.  10.  MARKETS.- — Said  city  shall  have  power  to  establish,  lease, 
maintain,  regulate  and  operate  markets  and  market  places,  and  ab- 
batoirs  and  to  build,  own  and  maintain  buildings  therefor,  and  to  rent 
and  lease  the  same. 

Sec.  11.  CHARITIES  AND  CORRECTIONS.— The  city  shall  have 
power  to  establish,  maintain  and  regulate  the  city  prison,  or  city 
prisons,  work  houses,  rock  piles  and  other  means  of  punishment  for 
vagrants,  city  convicts,  and  disorderly  persons,  houses  of  correction 
and  reformatories  for  youthful  criminals,  compulsory  schools  for  chil- 
dren without  parents,  or  vicious  parents,  or  parents  who  wilfully  and 
grossly  neglect  them,  and  such  other  places  of  incarceration  and  re- 
formatory institutions,  and  such  hospitals,  orphanages  and  charitable 
institutions  as  it  may  deem  expedient;  provided,  however,  that  no 
gratuity  that  is  purely  personal,  and  no  pension  shall  ever  be  granted 
to  any  individual,  and  no  money  of  the  city  shall  be  paid  out  except 
for  personal  services  rendered,  and  for  the  other  purposes  specified  or 
authorized  by  this  act. 

Sec.  12.  FINES  FOR  VIOLATION  OF  ORDINANCES.— That  the 
by-laws  and  ordinances  of  the  city  shall  be  enforced  by  a  fine  not  to 
exceed  two  hundred  dollars  ($200.00);  provided,  that  no  ordinance  or 
by-lav/  shall  provide  a  lesser  penalty  than  is  prescribed  for  a  like 
offense  by  the  laws  of  the  State. 

The  City  Council  may  provide  by  ordinance  for  the  commutation 
of  fines  imposed,  by  labor  in  a  w^ork  house  or  on  a  rock  pile,  or  upon 
the  public  streets  and  public  ways  of  the  City  of  Houston,  and  for 
the  collection  of  any  fine  imposed  execution  may  be  enforced  as  other 
execution  issued  in  civil  causes. 

Sec.  13.  CORPORATION  COURT.— There  shall  be  a  court  for  the 
trial  of  misdemeanor  offenses  known  as  the  "Corporation  Court,"  with 
such  powers  and   duties  as  are  defined  and  prescribed   in  an  act  of 


Charter  of  the 


the  Legislature  of  the  State  of  Texas,  and  any  acts  amendatory  thereof, 
entitled,  "An  Act  to  establish  and  create  in  each  of  the  cities,  towns 
and  villages  of  this  State  a  State  Court,  to  be  known  as  the  Corporation 
Court,  in  each  city,  town  or  village,  and  to  prescribe  the  jurisdiction 
and  organization  thereof,  and  to  abolish  municipal  courts";  said  act 
having  been  presented  to  the  Governor  of  Texas  March  15th,  1899,  and 
not  having  been  by  him  disapproved. 

The  magistrate  of  said  court  shall  be  known  as  the  "Judge  of  the 
Corporation  Court,"  who  shall  be  a  qualified  voter,  and  shall  be  ap- 
pointed by  the  Mayor  and  confirmed  by  the  City  Council,  and  shall 
hold  his  office  for  two  years,  unless  sooner  removed  by  the  Mayor 
and  City  Council,  and  shall  receive  such  salary  as  may  be  fixed  by 
ordinance. 

It  shall  be  the  duty  of  the  Mayor,  as  soon  as  practicable  after  the 
passage  of  this  act,  to  nominate  some  suitable  person  to  the  City  Coun- 
cil, to  be  by  it  confirmed,  for  the  position  of  Judge  of  the  Corporation 
Court,  who  shall  discharge  the  duties  of  said  office  under  the  terms 
and  provisions  of  the  State  law  creating  said  court,  and  also  subject 
to  the  provisions  of  this  act. 

There  shall  be  a  clerk  or  clerks  of  said  court,  with  such  deputies 
as  may  be  created  or  provided  by  ordinance  by  the  City  Council,  who 
shall  be  appointed  by  the  Mayor,  and  shall  be  subject  to  removal  at 
any  time  by  the  Mayor  or  City  Council,  and  shall  receive  such  salary 
as  may  be  fixed  by  the  City  Council. 

The  clerk  or  clerks  of  said  court,  and  the  deputies  thereof,  shall 
have  the  power  to  administer  oaths  and  affidavits,  make  certificates, 
affix  the  seal  of  said  court  thereto,  and  generally  to  do  and  perform 
all  things  and  acts  usually,  or  necessary  to  be  performed  by  clerks 
of  courts  in  issuing  process  of  said  courts  and  conducting  the  business 
thereof. 

The  City  Council  may  require  such  clerk,  clerks  or  deputies  created 
by  it  to  perform  such  other  duties,  in  addition  to  the  duties  of  the 
clerk  or  deputy  clerk,  as  may  be  prescribed,  or  may  piovide  that  some 
other  persons,  in  addition  to  other  duties,  may  perform  the  duties  of 
a  clerk  or  deputy  clei'k,  without  extra  compensation. 

Sec.  14.  SCHOOLS.— THE  CITY  OF  HOUSTON  AN  INDEPEND- 
ENT SCHOOL  DISTRICT.— The  City  of  Houston  shall  constitute  an  in- 
dependent school  district,  subject  to  the  general  school  laws  of  the 
State,  except  where  in  conflict  with  this  act,  and  the  city  shall  have 
authority  to  levy  and  collect  taxes  and  appropriate  funds  for  the  sup- 
port and  maintenance  of  the  public  schools  within  its  limits. 

SCHOOL  TRUSTEES— HOW  APPOINTED,  TERMS  OP  OFFICE, 
ETC. — The  trustees  to  constitute  the  school  board  of  said  city  shall  here- 
after be  appointed  by  the  Mayor,  and  confirmed  by  the  Council,  but 
the  trustees  now  in  office  shall  continue  to  serve  till  the  expiration  of 
their  respective  terms;  and  all  vacancies  caused  by  death,  resignation, 
or  other  cause,  shall  be  filled  by  appointment  in  the  same  manner  for  the 
unexpired  term.  The  regular  term  of  members  of  the  school  board 
shall  be  two  years,  and  the  regular  appointment  of  members  shall  be 
made  a't  the  first  meeting  of  the  Council  in  May  of  each  year,  or  as  soon 
thereafter  as  practicable,  and  the  necessry  number  of  trustees  shall 
be  appointed  to  take  the  places  of  those  whose  terms  have  expired. 


City  of  Houston 


RIGHT  OP  MAYOR  TO  VETO  ANY  PECUNIARY  LIABILITY.— No 
order,  resolution,  or  vote  of  the  school  board  by  which  any  pecuniary 
liability  shall  be  incurred,  or  any  funds  expended  or  appropriated, 
shall  become  effective  until  ten  days  after  the  same  is  adopted, 
and  a  certified  copy  thereof  furnished  to  the  Mayor,  and  the  Mayor  may 
at  any  time  during  said  period  veto  the  same  by  filing  his  objections 
thereto  in  writing  with  the  secretary  of  the  school  board,  who  shall 
enter  the  objections  at  large  upon  the  minutes  of  the  board;  said 
order,  resolution  or  vote  shall  become  void,  unless  at  the  next  meeting 
of  the  board  it  shall  again  be  adopted  over  the  veto  by  the  affirma- 
tive votes  of  at  least  five  members,  whose  names  shall  be  entered 
upon  the  minutes  of  the  board. 

CITY  TREASURER  CUSTODIAN  OF  FUNDS.— The  custodian  of 
other  city  funds,  as  provided  by  this  act,  shall  be  the  custodian  of  all 
public  school  funds  upon  the  same  terms  and  conditions  as  other  funds, 
and  his  bond  shall  cover  said  school  funds. 

HOW  FUNDS  ARE  TO  BE  PAID  OUT.— No  school  funds  shall  be 
paid  out  except  upon  pay  rolls  or  warrants  signed  by  the  president  of 
the  school  board  and  the  Mayor  of  the  city,  and  countersigned  by  the 
City  Controller. 

DUTY  OF  SCHOOL  BOARD  TO  MAKE  FINANCIAL  STATEMENTS. 
— It  shall  be  the  duty  of  the  school  board  to  make  such  financial 
statements  or  reports  as  may  be  requested  by  the  Mayor  or  the  City 
Council,  and  the  Mayor  or  Council  may  make  or  cause  to  be  made  all 
such  investigations  as  to  the  expenditures  of  funds  or  the  conduct  of 
the  schools  as  either  may  deem  proper. 

MEMBERS  OF  SCHOOL  BOARD  NOT  TO  RECEIVE  ANY  PAY,  OR 
TO  BE  INTERESTED  IN  ANY  CONTRACT,  OR  TO  BUY  OR  SELL 
ANY  SCHOOL  WARRANTS,  ETC.— No  member  of  the  school  board 
shall  receive  any  compensation  for  his  services  in  any  capacity  what- 
ever, nor  be  interested  directly  or  indirectly  in  any  contract  with, 
or  claim  or  demand  of  any  character  against  the  school  board  of 
the  City  of  Houston.  Any  such  contract,  claim,  or  demand  shall  be 
void,  and  any  member  of  said  board  who  shall  become  interested  in 
any  such  contract,  claim  or  demand,  or  shall  buy  or  sell  any  school 
warrants  or  obligations  of  said  board,  and  shall  have  any  interest 
in  any  claims  or  obligations  of  said  school  board,  shall  be  subject  to 
removal  by  the  City  Council. 

Sec.  15.  BURIAL  GROUNDS,  CREMATORIES  AND  CEME- 
TERIES.— The  City  Council  shall  have  power  to  regulate  burial 
grounds,  crematories  and  cemeteries,  and  to  prohibit  burial  within 
the  city  limits  if  deemed  advisable,  or  if  necessary  to  protect  the 
public  health,  and  to  condemn  and  close  burial  grounds  and  cemeteries 
in  the  thickly  settled  portions  or  the  city,  and,  when  demanded  by 
the  public  interest  or  public  health,  to  remove  or  cause  to  be  re- 
moved bodies  interred  in  such  condemned  and  closed  cemeteries  and 
burial  grounds,  and  shall  cause  them  to  be  re-interred  in  a  suitable 
place  to  be  provided  by  the  city,  at  its  expense,  and  whenever  ad- 
visable, the  city  may  condemn  the  land  proposed  to  be  used  for  the  re- 
interring  of  bodies  in  the  same  manner  as  in  condemnation  suits  of 


Charter  of  the 


railway  companies,  and  use  such,  condemned  ground  formerly  used 
for  cemeteries,  for  such,  purposes  as  may  best  subserve  the  interests 
of  the  city. 

The  City  Council  shall  have  power  and  authority  to  make  all  needful 
and  necessary  regulations  in  regard  to  butchers  and  persons  selling 
meats,  farm  products,  fish,  vegetables  and  fruit,  and  all  food  stuffs, 
and  to  require  the  same  to  be  inspected  and  condemned  if  not  found 
wholesome,  and  to  provide  penalties  for  violation  thereof. 

The  City  Council  shall  have  the  right  and  power  by  ordinance  to 
provide  that  the  tenant  or  owner  of  any  property  shall  pay  to  the 
city  such  reasonable  charges  for  the  removal  of  night  soil  or  other 
refuse  matter  from  the  closets  of  the  premises  thereof,  and  to  prohibit 
anyone  except  someone  in  the  employ  of  the  city,  or  by  the  city 
authorized  to  do  so,  from  removing  or  carrying  away  the  contents  of 
any  privy,  vault  or  Avater  closet,  or  any  receptacle  of  human  excrement, 
and  the  city  shall  have  the  right  to  have  inspected  the  premises  of 
all  persons  at  any  time  in  the  interest  of  the  public  health,  and  for 
the  purpose  of  making  said  inspection,  the  officers  or  agents  of  the 
city  duly  authorized  to  do  so,  shall  have  a  right  to  enter  upon  the 
premises  of  any  person  at  any  hour  during  the  day  time  to  make  said 
inspection.  Whenever  notice  is  given  by  any  officer  or  employe  of 
the  city  inspecting  any  premises  that  said  premises  need  cleaning, 
the  said  night  soil  or  other  refuse  matter  shall  be  removed,  and  the 
owner  or  tenant  of  said  premises  shall  pay  the  city  the  price  pre- 
scribed therefor,  and  failure  to  do  so  shall  subject  said  persons  to  the 
penalties  to  be  prescribed  by  ordinance,  and  said  persons  shall  be  fined, 
upon  conviction  in  the  Corporation  Court,  in  any  sum  not  less  than  one 
dollar  nor  more  than  two  hundred  dollars. 

To  prevent  any  person  from  bringing,  depositing  or  having  within 
the  limits  of  said  city  any  dead  carcasses  or  any  offensive  or  un- 
wholesome substances  or  matters,  and  to  require  the  removal  or  de- 
struction b>  any  person  who  shall  have  placed  upon  or  near  his  premises 
or  elsewhere  any  substance  or  matter,  filth  or  unsound  beef,  pork  or 
fish,  or  hides  and  skins  of  any  kind,  and  on  his  default,  to  authorize 
the  removal  or  destruction  thereof  by  some  officer  or  employe  of  the 
city,  and  to  require  the  owner  of  any  dead  animal  to  remove  same  to 
such  place  as  may  be  designated. 

The  City  Council  shall  also  have  the  power  to  pass  ordinances  au- 
thorizing the  destroying  of  clothing,  bedding,  furniture  and  buildings 
infected  with  the  germs  of  any  infectious  or  dangerous  disease,  when 
in  the  discretion  of  the  City  Council  the  public  health  requires  the 
destruction  of  the  same,  and  may  also  in  the  same  manner  authorize 
the  destruction  or  removal  of  buildings  or  other  objects,  after  the 
same  shall  have  been  declared  a  nuisance  and  to  be  dangerous  to  the 
health  or  lives  of  the  citizens  of  said  city. 

That  said  corporation  of  the  City  of  Houston  is  hereby  given  full 
power  and  authority  to  take  such  steps  to  improve  and  preserve  the 
purity  of  the  water  in  Buffalo  Bayou,  above  the  City  of  Houston,  as 
it  may  think  necessary;  provided,  that  the  power  in  this  section  shall 
not  be  construed  to  give  said  corporation  any  jurisdiction  or  control 
over  said  Bayou  beyond  the  corporate  limits  of  said  city,  except  for 
the  purpose  of  protecting  or  improving  the  water  shed,  i.  e.,  the  water 


City  of  Houston 


supply  of  both  Buffalo  Bayou  and  the  smaller  streams  or  tributaries; 
provided,  further,  that  the  said  corporation  shall  have  the  right  to 
condemn  land,  buildings  and  outhouses  or  closets  when  they  may  deem 
same  necessary  for  the  protection  and  preservation  of  the  purity  of 
the  water  in  said  Bayou,  and  shall  have  such  police  powers  as  to  con- 
trol the  same. 

The  City  Council  shall  also  have  power  to  require  any  persons  or 
corporations  owning  or  operating  manufacturing  enterprises  within 
or  without  the  city,  which  discharges  refuse  matter  into  Buffalo  or 
White  Oak  Bayous,  or  the  tributaries  of  either,  to  make  other  pro- 
vision for  such  refuse  matter,  or  so  purify  the  same  as  that  the  public 
health  will  be  fully  protected. 

Sec.  16.  PEACE  AND  GOOD  ORDER.— The  City  of  Houston  shall 
have  power  by  ordinance  duly  passed  to  establish  and  maintain  the  city 
Police  Department,  prescribe  the  duties  of  policemen  and  regulate 
their  conduct. 

To  permit,  forbid  or  regulate  theatres,  balls,  dance  houses  and 
other  public  amusements,  and  to  suppress  the  same  whenever  the  pres- 
ervation of  order,  tranquility,  public  safety  or  good  morals  may  de- 
mand. 

To  regulate  dram  shops,  drinking  saloons  and  other  places  where 
intoxicating  liquors  are  sold,  and  to  close  variety  theatres  when  neces- 
sary, expedient  or  advisable. 

To  prohibit  and  punish  keepers  and  inmates  of  bawdy  houses  and 
variety  shows;  to  prevent  and  suppress  assignation  houses  and  houses 
of  ill  fame,  and  to  regulate,  colonize  and  segregate  the  same,  and  to 
determine  such  inmates  and  keepers  to  be  vagrants,  and  provide  for 
the  punishment  of  such  persons. 

To  inspect  weights  and  measures,  fix  standards  of  weights  and 
measures,  and  to  fix  penalties  for  not  using  or  conforming  to  the 
same,  and  to  provide  that  inspection  fees  may  be  fixed  by  ordinance. 

To  make  all  needful  and  proper  regulations  concerning  keepers  of 
taverns  and  grog  shops  and  other  public  houses,  draymen,  horse  dri- 
vers, water  carriers,  omnibus  drivers,  hack  drivers  and  drivers  of 
baggage  Avagons,  and  other  vehicles,  and  especially  to  pi-eserve  order 
and  prevent  noise  and  confusion  in  and  about  the  several  depots  on 
the  arrival  and  departure  of  railway  trains,  and  to  provide  how  and 
where  hacks  or  other  carriers  shall  stand  or  take  their  position  upon 
the  streets  adjacent  or  near  to  said  depots. 

To  prevent  extortion  by  carriers  of  passengers  or  baggage,  hack, 
drays  and  public  conveyances,  by  establishing  maximum  rates  of 
charges  and  providing  penalties  for  violation  thereof. 

To  provide  and  fix  by  ordinance  public  stands  v.'here  hacks  and 
drays,  baggage  wagons  or  other  public  carriers  shall  stand  on  the 
streets  of  said  city  for  the  purpose  of  soliciting  business,  and  to 
prescribe  that  they  shall  not  stand,  except  when  receiving  or  dis- 
charging passengers  or  freight  at  any  points  other  than  those  desig- 
nated in  the  ordinance  as  public  stands. 

To   suppress   gambling  houses,   and   to   punish   keepers   of   gambling 


10  Charter  of  the 


houses  and  pool  sellers,  and  all  persons  who  play  cards  or  games 
of  chance  of  any  kind,  and  to  punish  persons  who  sell  lottery  tickets 
or  who  advertise  lottery  drawings  or  schemes  and  results  of  drawings 
or  lotteries. 

To  provide  for  the  regulation  of  bakers  and  to  prescribe  the  weight, 
quality  and  price  for  bread  manufactured  or  sold  in  the  City  of 
Houston,  according  to  the  price  of  the  material  or  otherwise,  and 
to  provide  for  the  inspection  of  milch  cattle,  whether  kept  within 
the  city  or  without  the  city  limits,  from  which  milk  is  sold  within 
the  city,  and  to  provide  for  the  inspection  of  the  milk  offered  for 
sale,  and  to  prescribe  the  fees  to  be  charged  therefor. 

To  establish  and  regulate  public  pounds  and  to  regulate  and  restrain 
and  prohibit  the  running  at  large  of  horses,  mules,  cattle,  sheep,  swine, 
goats,  geese  and  pigeons,  and  to  authorize  the  distraining,  impound- 
ing and  sale  of  the  same  for  the  cost  of  the  proceedings  and  the 
penalty  incurred,  and  to  order  their  destruction  when  they  cannot 
be  sold,  and  to  impose  penalties  upon  the  owners  thereof  for  the 
violation  of  any  ordinances  regulating  or  prohibiting  the  same. 

To  tax,  regulate,  restrain  and  prohibit  the  running  at  large  of  dogs, 
and  authorize  their  destruction  when  at  large  contrary  to  ordinance, 
and  to  impose  penalties  on  the  owners  or  keepers  thereof. 

To  prohibit  and  restrain  or  regulate  the  rolling  of  hoops;  the  flying 
of  kites  and  firing  of  fire  crackers;  the  use  of  velocipedes  and  bicycles, 
and  the  use  of  any  pyrotechnic  or  any  other  amusement  or  practices 
tending  to  annoy  persons  passing  in  the  streets  or  sidewalks  or  to 
frighten  horses  and  teams. 

To  restrain  and  prohibit  the  ringing  of  bells  or  blowing  of  horns, 
bugles  and  whistles,  crying  of  goods,  and  all  other  noises,  practices 
and  performances  tending  to  the  collection  of  persons  in  the  streets 
or  sidewalks  by  auctioneers  and  others  for  the  purpose  of  business, 
amusement  or  otherwise. 

To  prohibit  mendicants,  beggars  or  persons  of  infirm  or  maimed 
bodies,  or  suffering  with  diseases  of  any  kind  from  soliciting  alms, 
help  or  assistance  upon  the  streets  or  sidewalks  of  said  city,  and 
to  prescribe  a  penalty  by  fine  for  a  non-observance  thereof. 

To  prohibit  and  regulate  the  ringing  of  bells  and  blowing  of  whistles 
of  railroad  engines  or  locomotives  within  the  city  limits,  and  to  regu- 
late the  speed  thereof. 

To  regulate  and  control  the  driving  of  cattle,  horses  and  all  other 
animals  into  or  through  the  city. 

To  prevent  all  trespasses  and  breaches  of  the  peace  and  good  order, 
assault  and  batteries,  fighting,  quarreling,  using  abusive,  profane  and 
Insulting  language,  misdemeanors  and  all  disorderly  conduct  and  pun- 
ish, all  persons  thus  offending. 

To  prevent  and  punish  the  keepers  of  houses  in  which  loud  or  im- 
moral theatrical  representations  are  given,  and  to  adopt  summary 
measures  for  the  removal  or  suppression  of  all  such  establishments. 

The  City  Council  shall  have  power  to  require,  on  due  notice,  all 
steam    or    street    railway    companies    owning    tracks    within    the    city 


City  of  Houston  11 


limits,  upon  ttie  public  streets  or  highways  of  said  city,  which  may 
have  been  or  may  hereafter  be  abandoned  by  said  companies  by  non- 
use,  to  remove  such  tracks  and  to  restore  at  their  own  expense  the 
street  or  way  upon  which  such  abandoned  track  is  located  to  the 
pro'per  grade. 

To  prohibit,  prevent  and  suppress  horse  racing,  immoderate  riding 
and  driving  in  the  streets  of  said  city. 

To  regulate  the  use  of  automobiles  and  the  speed  thereof. 

To  prohibit  and  punish  the  abusers  of  animals. 

To  com.pel  persons  to  fasten  their  horses  or  other  animals  attached 
to  vehicles  or  otherwise  hitched  or  standing  in  the  streets. 

To  restrain  and  punish  vagrants,  mendicants,  beggars  and  prosti- 
tutes. 

To  regulate  and  control  the  sale,  gift,  barter  or  exchange  of  cocaine, 
opium,  morphine,  and  the  salts  thereof. 

Sec.  17.  FRANCHISES.— The  right  of  control,  easement,  user  and 
the  ownership  of  and  title  to  the  streets,  highways,  public  thorough- 
fares and  property  of  the  City  of  Houston,  its  avenues,  parks,  bridges, 
and  all  other  public  places  and  property  are  hereby  declared  to  be 
inalienable,  except  by  ordinance  duly  passed  by  a  majority  of  all 
the  members  of  the  City  Council  and  approved  by  the  Mayor;  and  no 
grant  of  any  franchise,  or  lease,  or  right  to  use  the  same,  either  on, 
along,  through,  across,  under  or  over  the  same  by  any  private  cor- 
poration, association  or  individual,  shall  be  granted  by  the  City  Coun- 
cil, unless  submitted  to  the  vote  of  the  legally  qualified  voters  of 
said  city,  for  a  longer  period  than  thirty  years;  provided,  however, 
that  whenever  application  is  made  for  any  grant  of  franchise,  lease, 
right  or  privilege  in  or  to  the  streets  and  public  thoroughfares  of 
the  City  of  Houston  by  any  person  or  corporation,  if  they  so  request, 
the  Council  shall  submit  the  same  at  an  election  called  for  said 
purpose,  the  expense  of  which  shall  be  borne  by  the  applicant  for 
said  franchise,  and  at  said  election,  if  the  majority  of  the  votes  cast 
by  the  legally  qualified  voters  shall  be  in  favor  of  making  said  grant 
as  applied  for,  said  grant  may  be  made  for  such  a  term  of  years  as 
is  specified  in  the  ordinance  submitting  the  same  at  said  election; 
provided,  however,  that  no  grant  shall  be  made  or  authorized  for  a 
longer  perior  than  fifty  years. 

The  City  Council  may  also,  upon  its  own  motion,  submit  all  ap- 
plications or  ordinances  requesting  the  granting  of  franchises  or  spe- 
cial privileges  in  or  to  the  streets,  public  thoroughfares  and  high- 
ways of  the  City  of  Houston,  to  an  election,  at  which  the  people  shall 
vote  upon  the  propositions  therein  submitted;  the  expense  of  v/hich 
election  shall  be  paid  by  the  applicant,  or  applicants,  therefor.  No 
such  franchise  shall  ever  be  granted  until  it  has  been  read  in  full 
at  three  regular  meetings  of  the  Council,  nor  shall  any  such  fran- 
chise, grant,  right  or  easement  ever  be  made  to  any  private  individual, 
corporation  or  association,  unless  it  provides  for  adequate  compen- 
sation or  consideration  therefor,  to  be  paid  to  the  City  of  Houston, 
and  in  addition  to  any  other  form  of  compensation,  grantee  shall 
pay  annually  such  a  fixed  charge  as  may  be  prescribed  in  the  fran- 


12  Charter  of  the 


chise.  Such  grant  under  and  any  contract  in  pursuance  thereof  shall 
provide  that  upon  the  termination  of  the  grant,  the  grant,  as  well  as 
the  property,  if  any,  of  the  grantee,  in  the  streets,  avenues  and  other 
public  places,  shall  thereupon,  without  other  or  further  compensa- 
tion to  the  grantee,  or  upon  the  payment  of  a  fair  valuation  there- 
for (the  mode  of  ascertaining  which  shall  be  determined  in  the  grant), 
be  and  become  the  property  of  the  City  of  Houston,  and  the  grantee 
shall  never  be  entitled  to  any  payment  or  valuation  because  of  any 
value  derived  from  the  franchise  or  the  fact  that  it  is  or  may  be  a 
going  concern,  duly  installed  and  operated. 

Every  such  grant  shall  make  adequate  provision  by  way  of  for- 
feiture of  the  grant,  or  otherwise,  to  secure  efficiency  of  public  service 
at  reasonable  rates,  and  to  maintain  the  property  in  good  order 
throughout  the  life  of  the  grant. 

The  City  Council  may  also  inspect  and  examine,  or  cause  to  be 
inspected  and  examined  at  all  reasonable  hours,  any  books  of  account 
of  such  grantee,  which  books  of  account  shall  be  kept  and  such  re- 
ports made  in  accordance  with  the  forms  and  methods  prescribed  by 
the  City  Council,  which,  as  far  as  practicable,  shall  be  uniform  for 
all  such  grantees. 

Sec.  18.  REFERENDUM.— Whenever  application  is  made  to  the 
City  Council  of  the  City  of  Houston  for  any  such  grant  or  franchise, 
lease  or  right  to  use  the  streets,  public  highways,  thoroughfares  or 
public  property  of  the  City  of  Houston,  as  is  provided  for  in  the 
preceding  section  of  this  act,  or  whenever  an  ordinance  is  introduced 
in  the  City  Council  proposing  to  make  the  grant  of  any  franchise,  lease 
or  right  to  use  the  public  highways,  streets,  thoroughfares  and  pub- 
lic property  of  the  City  of  Houston,  publication  of  said  ordinance  of 
such  proposed  grant  or  right  to  use  the  streets,  public  thoroughfares 
and  highways  of  said  city  shall  be  made  by  publishing  the  ordinance 
as  finally  proposed  to  be  passed,  which  shall  not  thereafter  be  changed, 
unless  again  republished,  setting  forth  in  detail  all  the  rights,  pow- 
ers and  privileges  granted  or  proposed  to  be  granted,  in  some  daily 
newspaper  published  in  the  City  of  Houston,  once  a  week  for  three 
consecutive  weeks,  which  publication  shall  be  made  at  the  expense 
of  the  applicant  or  the  person  or  persons  desiring  said  grant,  and  no 
such  grant  shall  be  made,  or  ordinance  passed,  until  after  publica- 
tion in  the  manner  aforesaid,  nor  shall  any  such  ordinance  confirm- 
ing or  making  any  such  grant,  lease  or  right  to  use  the  streets, 
public  highways  and  thoroughfares  of  the  City  of  Houston  take  effect 
or  become  a  law  or  contract,  or  vest  any  right  in  the  applicants  there- 
for, until  after  the  expiration  of  thirty  days  after  said  ordinance  has 
been  duly  passed  by  the  City  Council  and  been  approved  by  the  Mayor. 

Pending  the  passage  of  any  such  ordinance  or  during  the  time  in- 
tervening between  its  final  passage  and  approval  by  the  Mayor,  and 
the  expiration  of  the  thirty  days  before  which  time  it  shall  not  take 
effect,  it  is  hereby  made  the  duty  of  the  City  Council  to  order  an 
election,  if  requested  so  to  do  by  written  petition  signed  by  at  least 
five  hundred  legally  qualified  voters  of  said  city,  at  which  election 
the  legally  qualified  voters  of  said  city  shall  vote  for  or  against  the 
proposed  grant  as  set  forth  in  detail  by  the  ordinance  conferring  the 
rights  and  privileges   upon   the   applicants  therefor,   which   said   ordi- 


City  of  Houston  13 


nance  shall  be  published  at  length  and  in  full  in  the  call  foi'  said 
election  made  by  the  Mayor,  and  if  at  said  election  the  majority 
of  the  votes  cast  shall  be  for  said  ordinance  and  the  making  of  said 
proposed  grant,  the  same  shall  thereupon  become  effective;  but  if  a 
majority  of  the  votes  cast  at  said  election  so  held  shall  be  against  the 
passage  of  said  ordinance  and  the  making  of  said  grant,  said  ordi- 
nance shall  not  pass,  nor  shall  it  confer  any  rights,  powers  or  priv- 
ileges of  any  kind  whatever  upon  the  applicants  therefor,  and  it  shall 
be  the  duty  of  the  City  Council,  after  canvassing  the  vote  of  said  elec- 
tion to  pass  an  ordinance  repealing  the  ordinance  which  has  been 
by  it  passed,  if  the  same  has  been  passed. 

No  grant  of  franchise,  or  lease  or  right  of  user,  in,  upon,  along, 
through,  under  or  over  the  public  streets,  highways  or  public  thorough- 
fares of  the  City  of  Houston  shall  be  made  or  given,  nor  shall  any 
rights  of  any  kind  whatever  be  conferred  upon  any  person,  private 
corporation,  individual  or  association  of  any  kind  whatever,  except 
the  same  be  made  by  ordinance  duly  passed  by  the  City  Council,  nor 
shall  any  extension  or  enlargement  of  any  rights  or  powers  previously 
granted  to  any  corporation,  person  or  association  of  persons,  in,  upon, 
along,  through,  under  or  over  the  streets  of  the  City  of  Houston  be 
made,  except  in  the  manner  and  subject  to  all  of  the  conditions  herein 
provided  for  in  this  act  for  the  making  of  original  grants  and  fran- 
chises; provided,  however,  that  the  provisions  of  this  section  shall 
not  apply  to  the  granting  of  sidetrack  or  switch  privileges  to  rail- 
way companies  for  the  purpose  of  reaching,  and  affording  railway 
connection  and  switch  privileges  to  the  owners  or  users  of  any  indus- 
trial plants;  it  being  the  intention  to  permit  the  City  Council  to  grant 
such  rights  or  privileges  to  railway  companies  whenever  in  their  judg- 
ment the  same  is  expedient,  necessary  or  advisable. 

Sec.  19.  CONTRACTS  FOR  SERVICES.— No  contract  shall  ever 
be  made  which  binds  the  city  to  pay  for  personal  services  to  be  ren- 
dered for  any  stated  period  of  time;  but  all  contracts  involving  a  per- 
sonal service  shall  be  restricted  to  the  doing  of  some  particular  act 
or  thing,  and  upon  its  completion  no  further  liability  shall  exist  on 
the  part  of  the  city. 

Nor  shall  the  City  of  Houston  or  any  one  acting  for  it  make  any 
contract  for  supplies  for  the  current  use  of  any  department  of  the 
municipality  for  a  longer  period  than  ninety  days,  and  so  far  as  prac- 
ticable, all  supplies  purchased  for  the  use  of  any  or  all  of  the  depart- 
ments of  said  city  shall  be  made  or  let  upon  competing  prices  there- 
for. 

No  contract  shall  be  entered  into  until  after  an  appropriation  has 
been  made  therefor,  nor  in  excess  of  the  amount  appropriated,  and 
all  contracts,  whenever  practicable,  shall  be  made  upon  specifications, 
and  no  contract  shall  be  binding  upon  the  city  unless  it  has  been 
signed  by  the  Mayor  and  countersigned  by  the  Controller,  and  the 
expense  thereof  charged  to  the  proper  appropriation,  and  whenever  the 
contract  charged  to  any  appropriation  equals  the  amount  of  said  ap- 
propriation, no  further  contracts  shall  be  countersigned  by  the  Con- 
troller. 

All  contracts,  of  whatever  character,  pertaining  to  public  improve- 
ment,  or  the   maintenance   of  public  property  of  said   city,   involving 


14  Charter  of  the 


an  outlay  of  as  much  as  one  thousand  dollars  ($1,000.00)  shall  be 
based  upon  specifications  to  be  prepared  and  submitted  to  and  ap- 
proved by  the  JJayor  and  City  Council,  and  after  approval  by  the 
Mayor  and  City  Council,  advertisement  for  the  proposed  work,  or  mat- 
ters embraced  in  said  proposed  contract,  shall  be  made,  inviting  com- 
petitive bids  for  the  work  proposed  to  be  done;  which  said  adver- 
tisement shall  be  put  in  a  daily  newspaper  not  less  than  ten  times. 
All  bids  submitted  shall  be  sealed,  shall  be  opened  by  the  Mayor  in 
the  presence  of  a  majority  of  the  aldermen,  and  shall  remain  on  file 
in  the  Mayor's  office  and  be  opened  to  public  inspection  for  at  least 
forty-eight  hours  before  any  award  of  said  work  is  made  to  any 
competitive  bidder.  The  Council  shall  determine  the  most  advan- 
tageous bid  for  the  city,  and  shall  enter  into  contract  with  the  party 
submitting  the  lowest  secure  bid,  but  shall  always,  in  every  adver- 
tisement of  public  work  or  contract  involving  as  much  as  one  thou- 
sand dollars  ($1,000.00),  reserve  the  right  to  reject  any  and  all  bids. 
Pending  the  advertisement  of  the  work  or  contract  proposed,  specifi- 
cations therefor  shall  be  on  file  in  the  office  of  the  Mayor,  subject  to 
the  inspection  of  all  parties  desiring  to  bid. 


ARTICLE  III. 


Section  1.  TAXATION.— The  City  Council  shall  have  power,  and 
it  is  hereby  authorized  to  levy  annually  for  general  purposes  and  for 
the  purpose  of  paying  the  interest  and  providing  the  sinking  fund  on 
the  outstanding  bonded  indebtedness  of  the  City  of  Houston,  and  for 
paying  the  interest  and  making  provision  for  the  sinking  fund  on 
such  future  bond  issues  as  may  be  authorized  an  ad  valorem  tax  on 
all  real,  personal  and  mixed  property  within  the  territorial  limits  of 
said  city,  and  upon  all  franchises  granted  by  the  city  to  any  individuals 
or  corporations,  of  not  exceeding  a  total  tax  of  two  dollars  on  the 
one  hundred  dollars  appraised  valuation  of  said  property,  except 
that  an  additional  tax  of  not  exceeding  twenty-five  cents  on  the  one  hun- 
dred dollars  valuation  may  be  levied  on  property  in  improvement  dis- 
tricts for  sidewalk  improvements,  if  authorized  as  hereinafter  provided 
in  Section  16,  Article  IX;  provided,  however,  that  public  property  used 
for  public  purposes;  actual  places  of  religious  worship;  places  of 
burial  not  held  for  private  or  corporate  profit;  all  buildings  used 
exclusively  and  owned  by  persons  or  associations  of  persons  for  school 
purposes  (and  the  necessary  furniture  of  all  schools)  and  institu- 
tions of  purely  public  charity,  are  hereby  declared  to  be  exempt  from 
taxation;  and  provided  further,  that  two  hundred  and  fifty  dollars 
($250.00)  worth  of  household  and  kitchen  furniture  belonging  to  each 
family  in  said  city  shall  likewise  be  exempt  from  taxation. 

The  City  Council  may  also  continue  annually  to  levy  and  provide 
separately  or  jointly  in  the  tax  levying  ordinance,  for  the  assef;sment 
and  collection  of  so  much  of  the  special  tax  provided  by  ordinance 
passed  by  the  City  Council  of  said  city  on  the  second  day  of  June, 
A.  D.  1888,  as  may  be  necessary  to  pay  the  interest  on  and  create  a 
sinking  fund  of  not  less  than  two  per  cent,  of  the  indebtedness  men- 
tioned in  said  ordinance,  but  the  gross  total  of  all  the  taxes  levied 
for  all  purposes  by  said  City  Council  for  any  one  year  shall  not 
exceed  two  per  cent,  of  the  appraised  valuation  of  all  property,  real, 


City  of  Houston  15 


personal  and  mixed,  in  said  city;  provided,  however,  that  the  Council 
may  levy  a  special  tax  in  any  improvement  district,  if  any,  and  shall 
if  authorized  ol"  not  exceeding  twenty-five  cents  on  the  one  hundred  dol- 
lars valuation  for  sidewalk  improvements. 

And  if  for  any  cause  the  City  Council  shall  fail  or  neglect  to  pass 
a  tax  ordinance  for  any  one  year,  levying  taxes  for  that  year,  then, 
in  that  event,  the  tax  levying  ordinance  last  passed  shall  and  will 
be  considered  in  force  and  effect  as  the  tax  levying  ordinance  for  the 
year  for  which  the  City  Council  failed  to  pass  a  tax  levying  ordinance, 
and  the  failure  so  to  pass  such  ordinance  for  any  one  year  shall  in 
no  wise  invalidate  the  collection  of  the  tax  for  that  year. 

The  City  Council  may  also  determine  and  provide  when  taxes  shall 
be  due  and  payable  by  corporations  or  individual  corporators,  and 
all  persons  owning  property,  and  prescribe  penalties  for  the  non-pay- 
ment of  taxes  upon  the  expiration  of  the  time  fixed  by  the  City  Council 
declaring  w^hen  the  same  shall  be  paid. 

The  City  Council  may  also  levy,  assess  and  collect  from  each  male 
citizen  of  the  city,  over  the  age  of  twenty-one  and  under  the  age  of 
sixty  years,  an  annual  poll  tax  of  one  dollar  ($1.00);  provided,  how- 
ever, that  all  persons  exempt  from  the  payment  of  the  State  poll  tax 
under  the  general  laws  of  the  State,  or  by  virtue  of  the  Constitution, 
shall  be  exempt  from  the  payment  of  the  city  poll  tax. 

Sec.  2.  All  real,  personal  and  mixed  property  held,  owned  or  situ- 
ated in  the  City  of  Houston  shall  be  liable  for  all  taxes  due  by  the 
owners  thereof,  including  taxes  on  real  estate,  franchises,  personal 
and  mixed  property,  and  poll  taxes. 

All  personal  property  may  be  levied  upon,  seized  and  sold  by  the 
Assessor  and  Collector  of  Taxes,  or  such  other  officer  as  may  be  desig- 
nated by  the  City  Council,  for  any  taxes  that  may  be  due  by  the  own- 
er thereof,  without  further  warrant  of  authority  than  the  produc- 
tion of  his  tax  roll,  which  sale  when  made  shall  convey  a  prima  facie 
title  to  the  purchaser  thereof;  or  the  amount  of  the  tax  due  by  any 
person  upon  any  species  of  property  may  be  sued  for  in  any  court 
having  jurisdiction,  and  a  personal  judgment  may  be  recovered  against 
any  delinquent  taxpayer  or  against  any  person  to  whom  personal 
property  on  which  the  city  tax  is  due  has  been  sold,  or  who  owns, 
holds  or  claims  possession  of  said  personal  property. 

Sec.  3.  The  tax  levied  by  the  city  is  hereby  declared  to  be  a  lien, 
charge  and  encumbrance  on  the  property  for  which  the  tax  is  due, 
which  lien,  charge  and  encumbrance  the  city  is  entitled  to  enforce 
and  foreclose  in  any  court  having  jurisdiction  over  the  same,  and 
the  lien,  charge  and  encumbrance  on  the  property  in  favor  of  the 
city  for  the  amount  of  the  taxes  due  on  such  property  is  such  as  to 
give  the  State  courts  jurisdiction  to  enforce  and  foreclose  said  lien 
on  the  property  on  w^hich  the  tax  is  due,  not  only  as  against  any  resi- 
dent of  this  State,  or  person  whose  residence  is  unknown,  but  also 
against  the  unknown  heirs  of  any  person  who  owns  the  property 
on  which  the  tax  is  due,  and  against  non-residents. 

All  taxes  upon  real  estate  shall  especially  be  a  lien  and  a  charge 


16  Charter  of  ilie 


upon  the  property  upon  which  the  taxes  are  due,  which  lien  may 
be  foreclosed  and  the  tax  collected  by  suit  in  any  court  having  juris- 
diction. 

Sec.  4.  It  shall  be  the  duty  of  every  person  owning  or  holding  prop- 
erty in  the  City  of  Houston  to  render  under  oath  to  the  Assessor  and 
Collector  of  Taxes,  or  such  other  officer  as  may  be  provided  for  by 
ordinance,  at  his  office  in  said  city  annually,  within  the  time  pre- 
scribed by  the  ordinances  of  said  city,  a  full  and  complete  inventory 
of  all  property  so  owned  or  held  by  him,  whether  real,  personal  or 
mixed,  and  to  take  and  subscribe  to  an  oath  to  the  correctness  ot 
such  inventory,  which  oath  may  be  administered  by  the  Assessor  and 
Collector,  or  such  other  officer  as  aforesaid,  acting  in  person  or  by  dep- 
uty. All  property,  real,  personal  or  mixed,  except  such  as  is  herein  ex- 
pressly exempted,  is  subject  to  taxation,  and  the  same  shall  be  rendered 
and  listed  in  the  manner  prescribed  by  the  general  laws  of  the  State 
in  regard  to  general  taxation  when  applicable,  unless  provision  is 
otherwise  specially  made  therefor  herein. 

The  definition  of  property  and  terms  as  defined  by  the  general  laws 
of  the  State  under  the  head  of  taxation  shall  apply  to  the  taxation  of 
this  city,  and  all  property  subject  to  taxation  as  prescribed  by  the 
general  laws  of  this  State,  except  as  herein  specially  exempted,  shall 
be  subject  to  taxation  by  the  City  of  Houston. 

Sec.  5.  The  City  Council  shall  have  full  power  to,  and  may  by  ordi- 
nance, provide  for  the  prompt  collection  of  all  taxes  levied,  assessed 
and  due,  or  becoming  due  to  said  city,  and  to  prescribe  where  prop- 
erty shall  be  assessed  or  rendered  for  taxes,  and  when  the  taxes 
thereon  shall  become  due  and  payable,  and  to  that  end  may  and 
shall  make  such  provisions  as  are  necessary  covering  the  levying, 
laying,  imposing,  assessing  and  collecting  of  any  of  said  taxes,  and 
to  regulate  the  method  and  manner  of  making  out  tax  lists  and  in- 
ventories, and  the  appraisement  of  property  thereon,  and  to  prescribe 
an  oath  that  shall  be  administered  to  each  person,  on  such  rendition 
of  the  property  and  to  fix  the  duties  and  define  the  power  of  the 
Assessor  and  Collector  of  Taxes,  or  such  other  officer  or  person  as  may 
be  designated  therefor  by  the  City  Council. 

All  taxes  shall  be  payable  at  the  office  of  the  Assessor  and  Collector, 
or  such  other  officer  as  the  City  Council  may  prescribe,  and  no  de- 
mand for  payment  thereof  shall  be  requisite  or  necessary  to  enforce 
the  collection  thereof  by  any  of  the  proceedings  herein  prescribed, 
nor  for  the  collection  of  any  taxes  due  before  the  passage  of  this  act. 

All  property  which  the  owner  thereof  may  fail  or  refuse  to  inventory, 
render  and  assess,  or  which  the  owner  thereof  may  have  failed  or 
refused  to  inventory,  assess  and  render  for  years  prior  to  the  pass- 
age of  this  act,  shall  be  by  the  Assessor  and  Collector  of  Taxes, 
or  such  other  officer  designated  by  the  City  Council,  inventoried,  as- 
sessed and  rendered  for  taxes  for  the  year  or  years  for  which  the 
same  was  not  so  rendered,  inventoried  or  assessed  by  the  owner  thereof, 
and  the  Assessor  and  Collector,  or  such  other  officer  designated  by 
the  City  Council,  shall  have  the  right,  and  it  shall  be  his  duty  at 
any  time  to  revise,  correct  and  reassess,  and  properly  describe  any 
property   incorrectly   rendered   or   assessed,   or   imperfectly   described, 


Citij  of  Houston  17 


for  any  year,  without  the  necessity  of  giving  notice  to  the  owner 
thereof,  provided,  liowever,  that  the  valuation  as  fixed  by  the  Board 
of  Appraisers  shall  not  be  changed,  and  such  inventory  and  assess- 
ment when  revised  or  corrected  so  made  shall  be  as  valid  and  effective 
as  if  on  the  assessment  sheets  or  tax  rolls,  and  as  if  regularly  and 
duly  rendered  and  assessed  by  the  owner  thereof  for  the  year  for 
which  rendered,  assessed  and  inventoried  as  above  provided  by  the 
Assessor  and  Collector  of  Taxes,  or  such  other  officer  as  may  be 
designated  by  the  City  Council,  and  said  tax  rolls  and  assessment 
sheets  shall  be  vrivia  facie  evidence  that  said  property  was  regularly 
and  duly  rendered,  inventoried  and  assessed  and  properly  described 
in  all  respects  as  if  done  duly  and  regularly  by  the  owner  in  the 
first  instance;  provided,  hov;ever,  that  if  such  assessment  sheets  or 
tax  rolls  are  vague  or  indefinite,  the  City  of  Houston  maj''  show  by 
evidence  other  than  the  assessment  rolls  and  tax  rolls  where  the 
property  is  located,  and  on  what  property  the  tax  is  due;  who  owns 
the  property,  and  that  the  taxes  on  the  same  are  due  and  unpaid,  and 
shall  enforce  and  foreclose  the  tax  lien  on  such  property,  as  herein 
provided. 


Sec.  6.  That  all  ad  valorem  taxes  due  or  becoming  due  upon  real, 
personal  and  mixed  property,  and  upon  franchises  granted  by  the 
City  of  Houston  to  individuals  or  corporations,  and  all  license  taxes 
and  occupation  taxes,  and  all  fines,  forfeitures,  penalties  and  other 
dues  or  taxes  accruing  to  th.e  City  of  Houston  shall  be  collectible 
and  payable  only  in  current  money  or  current  funds  of  the  United 
States. 


Sec.  7.  That  the  City  Council  shall  have  the  power  to  assess, 
license  and  tax  hawkers,  peddlers,  auctioneers,  theatrical  and  other 
exhibitions,  shows  and  amusements,  circuses,  billiard  tables,  nine  and 
ten  pin  alleys;  alleys  with  any  number  of  pins,  public  drays,  wagons, 
omnibuses,  carriages  and  automobiles,  grog  shops  and  dram  shops,  beer 
saloons,  whether  for  the  sale  of  domestic  intoxicants  or  otherwise, 
and  such  other  trades  or  occupations  not  specifically  mentioned  here- 
in, as  are,  or  may  be,  taxed  or  licensed  by  the  laws  of  this  State,  but 
no  assessment  or  license  tax  levied  under  this  section  shall  exceed 
one-half  of  the  amount  levied  by  the  State  for  the  same  period  on 
such  trade,  profession  or  occupation,  and  the  same  may  be  regulated, 
levied  and  collected  in  the  same  manner  as  said  taxes  are  regulated 
and  collected  by  the  State  of  Texas. 


That  all  license  taxes  or  occupation  taxes  shall  be  paid  to  the  As- 
sessor and  Collector  of  Taxes,  or  other  officer  designated  therefor  by 
the  City  Council,  by  each  and  every  person  or  firm  engaging  in  any 
trade,  profession,  business,  calling,  avocation  or  occupation,  before 
engaging  therein,  and  shall  take  his  receipt  therefor,  which  receipt 
shall  be  esteemed  lawful  license  for  the  pursuit  of  the  occupation  in- 
dicated, and  if  any  person  shall  engage  in  any  business,  calling, 
avocation  or  occupation,  trade  or  profession,  which  by  ordinance  of 
said  city  is  subject  to  a  license  or  occupation  tax,  without  first  hav- 
ing obtained  said  license  or  occupation  tax,  he,  she  or  they  shall  be 
liable  to  arrest,  imprisonment  and  a  fine  to  be  fixed  by  ordinance 
for  each  and  every  day  such  violation  of  said  ordinance  may  continue. 


18  Charter  of  the 


and  each  day  shall  constitute  a  separate  offense,  and  this  section  shall 
apply  to  all  persons  owing  license  and  failing  to  pay  the  same,  and 
the  City  Council  may  make  such  further  regulations  as  it  deems  neces- 
sary to  enforce  this  provision  and  punish  persons  violating  the  same. 


Sec.  8.  All  taxes  due  by  property  owners  on  any  and  all  property 
for  the  year  1875,  up  to  and  including  the  year  1904,  and  for  all  years 
intervening,  and  for  all  years  thereafter,  until  otherwise  provided 
by  charter,  as  appears  upon  the  tax  rolls  of  said  city,  may  be  col- 
lected by  suit  from  delinquents  and  foreclosure  of  the  lien  thereon 
may  be  had  in  any  court  having  jurisdiction  of  the  same,  and  any  per- 
son who  shall  purchase  or  shall  have  purchased  property  encumbered 
with  a  lien  for  taxes,  or  upon  which  taxes  are  due,  shall  be  deemed 
as  to  such  taxes  a  delinquent  taxpayer,  and  such  pui'chaser  takes 
the  property  charged  with  the  lien,  and  he  cannot  interpose  any  de- 
fense which  his  vendor  might  not  have  interposed  had  he  continued 
to  be  the  owner,  except  that  no  personal  judgment  shall  be  rendered  for 
same  against  said  purchaser;  provided,  however,  that  any  delinquent 
taxpayer  shall  have  the  right  to  plead  in  any  court  and  to  rely  as  a  de- 
fense upon  the  statute  of  limitation  of  four  years  in  any  suit  brought 
for  taxes  alleged  to  be  due  the  City  of  Houston,  and  in  no  case  wherein 
such  limitation  is  plead  and  the  taxes  sued  for,  or  any  part  thereof, 
are  shown  to  have  been  due  and  payable  for  four  years  or  more 
before  said  suit  was  instituted,  shall  judgment  be  rendered  for  such 
taxes  so  shown  to  have  been  due  for  more  than  four  years;  provided 
further,  however,  that  the  defense  of  limitation  shall  not  apply 
to  any  suit  which  may  within  one  year  after  the  passage  of  this  act 
be  instituted  by  the  City  of  Houston  for  the  collection  of  any  taxes 
due  for  any  year  from  1875  up  to  and  including  the  year  1901,  nor 
shall  it  apply  in  any  case  wherein  the  sale  of  any  property  delinquent 
for  taxes  has  been  made  under  the  provisions  of  this  act,  nor  if  such 
sales  shall  be  made  within  one  year  after  this  act  takes  effect. 


It  shall  be  the  duty  of  the  City  of  Houston,  within  one  year  after 
this  act  goes  into  effect,  to  cause  suit  to  be  filed  for  the  collection  of 
all  back  taxes  which  have  accrued  to  said  city  and  are  due  and  un- 
paid for  the  year  1875,  and  for  each  and  every  year,  or  any  and  all 
years  intervening,  up  to  and  inclusive  of  the  year  1901,  and  after  the 
expiration  of  one  year  from  the  time  this  charter  goes  into  effect  no 
suit  shall  be  instituted,  nor  shall  any  sale  of  property  be  made  by  the 
City  of  Houston  or  its  offlcers  for  any  taxes  which  have  become  due 
and  payable  for  more  than  four  years  prior  to  the  filing  of  said  suit,  or 
the  sale  of  said  property  by  the  proper  officer  of  said  city  as  pro- 
vided for  in  this  article.  And  it  shall  be  the  duty  of  the  City  Coun- 
cil to  pass  an  ordinance  imposing  a  fine  of  two  hundred  dollars 
upon  such  person  as  is  or  may  be  employed  by  said  Council  to  col- 
lect said  taxes,  who  fails  to  use  due  diligence  in  the  collection  of 
all  such  taxes,  and  such  persons  so  failing  to  do  so.  shall  at  onco 
be  discharged  from  the  service  of  the  city,  and  each  and  every  fail- 
ure shall  be  a  separate  offense  and  subject  the  person  to  such  fine  for 
each  failure  or  separate  offense. 

The  City  of  Houston  is  hereby  expressly  authorized  to,  and  has 
the  right  to  maintain  a  suit  to  recover  a  personal  judgment  for  the 


City  of  Houston  19 


amount  of  any  tax  due  it,  accruing  from  any  species  of  property  taxed 
by  it,  as  well  as  for  license  and  occupation  taxes,  and  the  tax  may  be 
collected  by  sale  of  the  particular  property  on  which  it  is  assessed, 
by  enforcing  the  lien  or  by  the  sale  of  all  or  other  property  under  a 
judgment  of  court,  or  by  seizure  and  sale  of  personal  property;  pro- 
vided, that  when  any  action  is  instituted  against  any  person  to  re- 
cover taxes  due  the  city,  all  the  taxes  due  such  person  or  per- 
sons upon  any  piece,  lot  or  parcel  of  property,  real  or  personal,  shall 
be  embraced  in  one  suit,  whenever  the  same  is  legal  and  practical,  and 
when  the  same  can  be  done  and  is  not  done  subsequent  to  the  pas- 
sage of  this  act,  all  taxes  for  years  antecedent  to  those  for  which 
the  taxes  are  alleged  to  be  due,  shall  be  conclusively  presumed  to 
have  been  paid.  And  where  two  or  more  actions  are  brought  sub- 
sequent to  the  passage  of  this  act,  and  all  the  taxes  due  might  legally 
be  or  have  been  embraced  in  one  action,  the  court  shall,  on  motion 
of  the  defendant,  or  of  its  own  motion,  consolidate  said  action,  and 
when  same  is  done,  the  costs  shall  be  paid  as  in  only  one  action. 

In  suits  for  taxes,  the  proper  persons  shall  be  made  parties  defend- 
ant in  such  suits,  shall  be  served  with  process  and  other  proceedings 
had  therein,  as  provided  by  law  for  suits  of  like  character  in  the 
District  Courts  of  this  State;  and  in  case  of  foreclosure,  an  order  of 
sale  shall  issue  and  the  land  be  sold  thereunder,  as  in  other  cases 
of  foreclosure,  which  order  of  sale  shall  have  all  the  force  and  effect 
of  a  writ  of  possession  between  the  parties  to  the  suit  and  any  per- 
son claiming  under  the  defendant  by  any  right  acquired  after  the 
filing  of  the  suit;  and  the  Sheriff  or  other  officer  executing  such  order 
of  sale  shall  proceed  by  virtue  of  the  same  to  place  the  purchaser  of 
the  property  sold  under  such  order  of  sale  in  possession  thereof  within 
twenty  days,  as  provided  by  the  general  laws  of  Texas,  after  date  of 
sale,  but  not  before,  and  such  order  of  sale  may  direct  that  the 
Sheriff  or  other  officer  executing  such  order  of  sale  shall  sell  the 
property,  either  each  piece  separately,  as  under  execution,  or  in  gross, 
as  the  city,  through  its  attorney,  may  direct;  or  if  the  defendant 
or  his  attorney  shall,  at  any  time  before  the  sale,  file,  with  the 
Sheriff  or  any  other  officer  in  whose  hands  any  such  order  of  sale 
shall  be  placed,  a  written  request  that  the  property  described  therein 
shall  be  divided  and  sold  in  less  tract  than  the  whole,  together  with 
the  description  of  said  subdivisions,  then  such  officer  shall  sell  the 
land  in  said  subdivisons,  as  the  defendant  may  request,  and  in  such 
case  shall  only  sell  as  many  subdivisions  as  will  satisfy  the  judg- 
ment, the  court  costs,  and  all  other  costs  hereinafter  specified. 

In  all  cases  in  which  lands  have  been  sold  for  default  in  the  pay- 
ment of  the  taxes,  it  shall  be  lawful  for  the  Sheriff  or  other  officer 
selling  the  same,  or  any  of  his  successors  in  office,  to  make  a  deed 
or  deeds  to  the  purchaser,  or  to  any  person  to  whom  the  purchaser 
may  direct  the  deed  to  be  made,  and  such  deed  shall  be  held  in  all 
courts  of  law  or  equity  in  the  State  to  vest  a  good  and  perfect  title  in 
the  purchaser  thereof. 

The  City  Attorney  or  other  officer  designated  therefor  by  the  City 
Council  shall  represent  the  city  in  all  suits  against  delinquent  tax- 
payers, and  in  any  and  all  suits  by  the  City  of  Houston  for  the  col- 
lection of  the  taxes  due  it  there  shall  be  charged  in  the  cost  bill  in 
said  case  when  judgment  is  rendered  for  the  city,  five  per  cent,  upon 


20  Charter  of  the 


the  amount  of  the  judgment  so  rendered  in  said  cause,  which  amount 
shall  be  taxed  as  cost  against  'the  property  upon  which  the  tax  is 
due  and  unpaid  to  the  city,  and  in  no  case  after  suit  has  been  filed 
shall  a  receipt  for  taxes  be  given  on  the  property  in.  suit  until  after 
the  payment  of  five  per  cent,  attorney's  fees  as  above  provided,  the  cost 
of  the  City  Assessor  and  Collector,  or  such  other  officer  as  herein 
stated,  and  all  court  costs. 

When  judgment  has  been  taken  for  taxes  due  on  the  property  in 
suit,  the  five  per  cent,  attorney's  fees  and  other  costs  above  named 
shall  be  taxed  as  costs  against  the  property  to  be  sold  under  judg- 
ment for  taxes,  and  paid  out  of  the  proceeds  of  the  sale  of  the  same, 
together  with  the  taxes  and  interest  due  thereon  to  the  city,  and 
the  five  per  cent,  taxed  as  attorney's  fees  shall  be  paid  to  the  city. 

Sec.  9.  For  the  taxes  due  on  any  property  for  any  and  all  years, 
for  and  including  the  year  1875,  up  to  and  including  the  year  1904, 
and  for  all  years  intervening,  and  for  all  years  after  the  year  1904, 
until  otherwise  provided  by  charter,  either  the  tax  rolls  or  a  state- 
ment of  the  taxes  due  on  any  property  made  from  said  rolls  certified 
to  and  signed  by  the  City  Assessor  and  Collector  of  Taxes  of  the 
City  of  Houston,  or  such  other  officer  or  employe  as  the  City  Council 
may  designate,  shall  be  ijrima  facie  evidence  that  the  tax  on  the  prop- 
erty is  due;  that  the  facts  stated  therein  are  true,  and  that  all  the  pre- 
requisites required  by  law  pertaining  to  the  levying  and  assessing 
of  taxes  and  the  rendition  of  the  property  therefor  on  which  the  suit 
is  brought  for  the  taxes  due  have  been  complied  with. 

In  addition  to  the  tax  rolls  and  the  certified  statement  from  the 
said  tax  rolls  being  prima  facie  evidence,  as  above  stipulated,  the  deed 
or  deeds  executed  by  the  Assessor  and  Collector  of  Taxes  and  made 
by  him  during  the  years  1890,  1891,  1892,  1893  and  1894,  showing  the 
sales  made  by  him  for  said  years  of  the  property  upon  which  the 
taxes  are  due,  in  accordance  with  the  provisions  of  the  charter  of 
the  City  of  Houston  in  force  during  the  last  named  years,  shall  also 
be  prima  facie  evidence  that  the  tax  on  the  property  is  due  and  un- 
paid; that  the  facts  stated  in  said  deed  are  true,  and  that  all  of 
the  prerequisites  and  requirements  of  the  law  were  and  have  been 
complied  with. 

Sec.  10.  All  taxes  for  any  current  year,  except  occupation  tax  and 
license  tax,  are  hereby  declared  to  become  due  and  payable  on  the 
first  day  of  each  and  every  current  year,  and  if  not  paid  by  the 
thirty-first  day  of  December  following  a  penalty  of  ten  per  cent, 
upon  amount  of  the  tax  due  shall  be  added  and  paid,  and  interest 
shall  be  charged  upon  the  gross  amount  of  the  tax  and  penalty  due 
until  paid,  at  the  rate  of  six  per  cent,  per  annum,  and  in  no  case 
shall  the  City  Council  or  any  number  of  the  City  Council,  or  any 
other  officer  of  the  city  extend  the  time  for  the  payment  of  the  taxes, 
nor  shall  any  officer  of  the  city  remit,  discount,  or  compromise  any 
tax  legally  due  the  city,  nor  shall  any  person  be  elected  Mayor  or 
Alderman  of  the  City  of  Houston  or  hold  any  position,  office  or  employ- 
ment thereunder  who  is  in  arrears,  or  due  and  owing  to  the  City  of 
Houston  any  sum  of  money  for  taxes  or  otherwise. 

Sec.  11.  The  provision  for  suit  to  foreclose  the  tax  lien  herein 
created  is  but  auxiliary  to,  and  cumulative  of  the  city's  right  to  sell 


City  of  Houston  21 


property  delinquent  for  taxes  without  suit,  as  is  liereafter  provided. 
After  said  tax  statements  liave  been  made  out  by  tlie  Assessor  and 
Collector,  or  other  officer  designated  therefor  by  the  City  Council, 
and  after  publication  thereof  as  is  herein  specified  in  this  article, 
it  shall  be  the  duty  of  the  Assessor  and  Collector  of  Taxes  of  the 
City  of  Houston,  or  such  other  officer  as  may  be  provided  for  by  ordi- 
nance, to  give  notice  by  publication  made  in  a  newspaper  published 
in  the  City  of  Houston  and  having  a  general  circulation  therein, 
which  publication  shall  be  made  at  least  once  a  week  for  three  con- 
secutive weeks  immediately  preceding  the  sale,  that  he  will  sell  at 
public  outcry  in  the  City  of  Houston  at  such  place  as  is  designated 
in  said  notice  each  and  every  piece  of  property  delinquent  to  the 
City  of  Houston  for  taxes  at  the  time  of  said  sale.  Said  property 
shall  be  sold  by  separate  sales  or  tracts  to  the  highest  bidder  at  said 
sale,  but  the  right  is  hereby  reserved  to  the  City  Council  to  confirm 
or  refuse  to  confirm  said  sales  which  shall  be  reported  to  it  within 
three  days  thereafter,  and  if  said  sales  so  made  are  not  confirmed  by 
the  City  Council,  the  money  so  paid  to  the  Assessor  and  Collector 
shall  be  by  him  refunded  to  the  purchaser  at  said  sale.  Said  sales 
may  continue  from  day  to  day  until  all  of  the  property  so  delinquent 
for  taxes  shall  have  been  sold.  The  said  Tax  Assessor  and  Collector, 
or  such  other  officer  as  may  be  designated  by  the  City  Council,  shall, 
after  said  sale  is  made,  make  a  deed  to  the  purchaser  thereof,  if  sale 
is  confirmed  by  the  City  Council,  and  in  such  deed  he  shall  recite  the 
fact  of  the  delinquency  of  the  tax,  the  amount  of  the  tax  due,  the 
year  or  years  for  which  due,  the  property  against  which  the  tax  is 
assessed,  the  fact  of  the  publication  of  the  delinquent  tax  roll  as  is 
herein  set  out,  the  fact  of  the  publication  of  the  notice  of  sale,  the 
amount  bid,  and  the  name  of  the  purchaser.  Such  deed  shall  con- 
stitute a  iyriina  facie  title  to  the  property  therein  described,  and  said 
deed  shall  be  j^inno  facie  evidence  of  the  truth  of  all  things  therein 
recited,  and  the  holder  of  said  deed  shall  be  considered  the  holder  of 
a  prima  facie  legal  title  to  said  land  against  all  persons  whomsoever, 
and  such  deeds,  when  so  executed  for  property  sold  as  specified  at 
said  sales,  shall  pass  to  the  purchaser  all  of  the  interest  and  title 
of  the  owner  thereof,  subject  to  redemption  at  any  time  within  two 
years  from  the  date  of  said  sale,  upon  payment  by  the  owner  of 
the  property  so  sold  to  the  purchaser  thereof,  of  double  the  amount 
of  taxes,  penalties  and  costs  due  on  said  property;  provided  that 
should  such  sale  be  for  any  reason  held  invalid,  the  purchaser  thereof 
shall  nevertheless  have  a  good  and  valid  lien  upon  the  property  so 
sold  for  the  amount  of  the  taxes  due  thereon,  and  such  purchaser 
shall  be  subrogated  to  all  of  the  rights  of  the  City  of  Houston,  and 
shall  have  the  right  to  foreclose  such  lien  in  any  court  of  competent 
jurisdiction  within  four  years  from  the  date  of  such  sale. 

The  City  of  Houston  may  bid  at  such  sales,  and  may  become  the 
purchaser  of  any  property  sold  thereat  to  the  extent  of  the  amount 
of  the  taxes,  interest,  penalties  and  costs  due  on  any  particular  piece 
of  property,  and  the  city  shall  further  have  the  right,  if  said  deed 
shall  for  any  reason  be  invalid,  to  maintain  a  suit  to  foreclose  its 
tax  lien  on  said  property  for  the  amount  of  taxes  due  thereon,  at 
any  time. 

A  failure  on  the  part  of  the  City  Assessor  and  Collector  of  Taxes, 


22  Charter  of  the 


or  such  other  officer  or  employe  as  may  be  designated  by  the  City 
Council  to  prepare  the  delinquent  tax  roll,  or  to  publish  it  for  the 
required  length  of  time,  or  to  furnish  tax  statements  to  the  City  At- 
torney, or  a  failure  on  the  part  of  the  city  to  file  suits  within  the 
proper  time  for  the  collection  of  taxes  due,  shall  in  no  wise  affect  the 
liability  of  the  delinquent  taxpayer,  nor  shall  it  release  the  prop- 
erty upon  which  the  tax  is  due  from  the  operation  of  the  lien,  charge 
or  incumbrance  herein  created,  nor  shall  such  failure  of  any  officer 
or  employe  of  the  city  in  any  manner  or  matter  be  relied  on  by  way 
of  defense,  or  be  a  defense  against  the  payment  or  the  enforcement 
of  the  payment  by  suit  or  otherwise  of  the  taxes  due  the  city. 

In  cases  where  the  State  has  instituted  suit  for  taxes  and  where 
taxes  are  due  the  city  on  the  same  property  for  the  same  or  other 
years,  the  city  may  have  the  right  to  intervene  in  said  suit  and  have 
judgment  for  its  taxes  to  foreclose  its  lieu  for  said  taxes,  and  in  cases 
where  the  city  has  first  instituted  suit  for  taxes,  the  State  may  have 
the  same  right  to  intervene  with  foreclosure  of  its  lien. 

Sec.  12.  Immediately  after  the  first  day  of  January  in  every  year, 
it  shall  be  the  duty  of  the  Assessor  and  Collector  of  Taxes,  or  such 
other  officer  or  employe  as  may  be  designated  by  the  City  Council,  to 
prepare  a  roll  containing  a  description  of  all  property  described  in 
the  assessment  rolls  of  the  year  just  preceded,  that  is  to  say,  the 
year  ending  on  the  thirty-first  day  of  December  preceding  on  which 
the  taxes  have  not  been  paid.  Said  roll  shall  be  called  the  DELIN- 
QUENT ROLL,  and  shall  consist  of  so  much  of  the  said  roll  as  will 
identify  the  property  and  show  the  amount  of  the  tax  due  on  the 
same.  During  the  time  that  the  City  Assessor  and  Collector,  or  such 
other  officer  or  employe  of  the  city  as  may  be  designated  by  the  City 
Council,  shall  be  preparing  and  shall  prepare  the  delinquent  roll 
above  described,  he  shall  prepare  separate  statements  of  tax  accounts 
due  the  city,  to  be  furnished  the  City  Attorney  or  other  officer  desig- 
nated by  the  City  Council,  which  statements  shall  contain  a  description 
of  the  property,  the  year  for  which  the  tax  is  due,  the  amount  of 
the  tax  due,  the  rate  of  taxation,  and  the  person  or  persons,  estate, 
firm  or  corporation  who  assesses  the  same,  and  w^hether  the  property 
is  rendered  or  unrendered,  or  owner  unknown,  as  appears  on  the  tax 
roll,  which  statement  the  City  Assessor  and  Collector,  or  such  other 
officer  or  employe  as  may  be  designated  by  the  City  Council,  shall 
certify  to  be  correct,  and  which  shall  be  prima  facie  evidence  of  the 
statement  made  therein,  and  that  all  the  prerequisites  and  require- 
ments of  the  law  as  to  levying  taxes  and  assessing  and  rendering  prop- 
erty therefor,  and  as  to  all  matters  have  been  complied  with,  and 
the  city  shall  be  entitled  to  one  dollar  on  each  statement  so  made, 
which  shall  be  taxed  against  the  delinquent  taxpayer  of  the  prop- 
erty and  against  the  property  on  which  the  tax  is  due,  and  in  case 
of  suit,  to  be  taxed  as  a  charge  against  the  property,  and  the  Assessor 
and  Collector  of  Taxes,  or  other  officer  designated  by  the  City  Coun- 
cil, shall  not  issue  any  receipts  to  any  delinquent  taxpayer  until  said 
one  dollar  has  been  paid,  except  upon  express  written  authorization 
in  each  individual  instance  by  the  City  Council;  provided,  that  when 
separate  tracts  of  land  and  different  kinds  of  property  are  assessed 
by  the  same  person,  firm,  estate  or  corporation,  that  they  shall  be 
contained  in  the  same  statement.     Said  delinquent  roll   shall  be  fin- 


Citii  of  Houston  28 


ished  and  said  statement  furnished  by  the  Assessor  and  Collector,  or 
other  oflBcer,  not  later  than  the  last  day  of  February  of  each  year. 

Said  delinquent  roll  shall  be  published  during  the  month  of  March 
following,  or  as  soon  thereafter  as  practicable,  once  a  week  for  four 
consecutive  weeks,  in  some  newspaper  published  in  the  City  of  Hous- 
ton, and  the  Assessor  and  Collector,  or  other  officer  or  employe  desig- 
nated by  the  City  Council,  shall  also  be  entitled  to  charge  two  dol- 
lars for  advertising  each  tract  of  land  separately  assessed,  which 
shall  be  taxed  as  a  charge  against  the  property  on  which  the  tax  is 
due,  and  paid  into  the  treasury  of  the  City  of  Houston,  and  the  As- 
sessor and  Collector,  or  such  otlier  officer  or  employe  as  may  be  desig- 
nated by  the  City  Council,  shall  not  issue  any  receipt  to  any  delinquent 
taxpayer  untir  the  cost  of  advertising  has  been  paid,  unless  upon  the 
express  authorization  to  do  so  by  the  City  Council,  which  authoriza- 
tion shall  be  made  in  writing  in  each  individual  instance,  and  a  failure 
to  comply  with  these  provisions  by  the  Assessor  and  Collector  of 
Taxes,  or  such  other  officer  or  employe  as  may  be  designated  by  the 
City  Council,  shall  be  deemed  a  malfeasance  in  office,  and  such  officer 
shall  be  removed. 

It  shall  be  the  duty  of  the  Assessor  and  Collector  of  Taxes  or 
other  officer  or  employe  as  may  be  designated  by  the  City  Council, 
whenever  written  request  is  filed  with  him  by  the  owner  or  agent 
of  any  particular  piece  of  property  for  a  statement  of  all  taxes  due 
on  said  piece  of  property  to  give  to  said  person  a  written  state- 
ment of  all  taxes  due  thereon  for  each  and  every  year  from  and  after 
the  year  1875  up  to  and  including  the  year  for  which  the  taxes  are 
last  due,  and  any  person  who  pays  the  taxes  due  on  said  property  upon 
the  statement  so  rendered,  if  duly  certified  to  by  the  Assessor  and  Col- 
lector as  being  all  the  taxes  due  thereon  shall  not  thereafter  be  required 
to  pay,  but  shall  be  relieved  from  payment  of  any  taxes  due  or  claimed 
to  be  due  on  said  property  for  any  years  prior  to  the  time  of  filing 
said  written  request  for  a  full  statement  of  all  the  taxes  due  on  said 
property. 

Sec.  13.  The  City  Council  may  by  resolution  provide  for  advance 
payment,  and  may  allow  interest  upon  advance  payment  of  taxes,  at 
a  I  ate  not  to  exceed  six  per  cent,  per  annum  for  the  time  intervening 
between  the  time  of  such  payment  and  the  time  of  the  last  payment, 
without  interest  or  penalties,  namely,  the  thirty-first  day  of  Decem- 
ber of  each  year;  provided,  that  no  such  resolution  shall  be  passed, 
nor  such  interest  allowed,  except  for  the  purpose  of  raising  money 
to  meet  the  current  expenses  of  the  city  for  legitimate  purposes. 
Such  resolution  shall  state  the  amount  of  money  sought  to  be  raised 
by  this  means,  and  when  said  amount  has  been  received,  the  As- 
sessor and  Collector,  or  such  other  officer  or  employe  designated  by 
the  City  Council,  shall  immediately  notify  the  Mayor  and  City  Coun- 
cil that  the  amount  called  for  in  the  resolution  has  been  received, 
and  no  one  shall  by  authorization  of  the  City  Council,  nor  shall  the  City 
Council,  pay  interest  on  moneys  subsequently  "paid  in  for  taxes  for 
that  year.  In  receiving  moneys  for  taxes  in  advance,  under  the  reso- 
lution herein  provided  for,  the  Assessor  and  Collector,  or  other  officer 
or  employe  designated  by  the  City  Council,  shall  allow  the  taxpayer 
to   retain    out   of   such    payment   the   amount   of   the    interest   allowed 


24  Charter  of  the 


thereon,  and  shall  give  his  receipt  for  the  whole  amount,  showing 
what  amount  is  actually  paid  in,  and  what  sum  is  allowed  as  interest 
on  such  payment. 

Seg.  14.  Any  and  all  descriptions  of  real  estate,  blocks,  outlots, 
lots,  or  any  parts  or  fractions  thereof,  and  of  all  personal  property, 
and  any  and  all  dates,  years,  valuations,  taxations,  numbers,  quan- 
tities or  amounts  contained  in  any  assessment  roll  or  sheet,  land 
tax  book,  personal  tax  book,  or  descriptions  contained  in  any  book 
or  roll  for  the  purposes  of  assessing  property,  shall  be  sufficient  and 
valid  when  made  or  stated  in  whole  or  part,  in  abbreviations  or  con- 
tractions of  words,  letters,  characters  or  figures;  and  when  so  made 
or  stated  shall  be  deemed  and  held  to  be  fully  and  fairly  made  and 
stated  as  though  the  same  had  been  written  out  in  full.  No  error  or 
irregularity  in  any  assessment  roll,  tax  book,  or  other  document  re- 
lating to  the  levy,  assessment,  equalization  or  collection  of  the  taxes 
of  the  city  shall  in  any  manner  affect  or  impair  the  validity  of  any 
tax,  or  affect  the  proceedings  for  the  collection  thereof;  but  every 
such  assessment  shall  be  liberally  construed  to  effect  the  purposes  and 
objects  of  this  article  in  determining  the  validity  thereof. 

Sec.  15.  BOARD  OF  APPRAISEMENT.— There  shall  be  a  Board  of 
Appraisement  in  said  city,  which  shall  be  composed  of  two  Aldermen 
and  the  Assessor  and  Collector  of  Taxes,  or  such  officer  or  employe 
designated  by  the  City  Council  to  perform  the  duties  of  an  Assessor 
and  Collector  of  Taxes. 

The  two  aldermanic  members  of  said  board  shall  be  appointed  by  the 
Mayor  not  later  than  the  first  day  of  May  of  each  year,  and  said  board 
shall  as  soon  as  possible  after  the  completion  of  all  or  any  one  of 
the  Assessment  rolls  by  the  Assessor  and  Collector,  or  other  person 
designated  therefor  by  the  City  Council,  meet  and  carefully  examine 
said  roll  or  rolls,  and  properly  and  equitably  adjust  and  equalize  the 
taxable  values  thereon,  thus  continuing  until  they  have  adjusted  and 
equalized  the  valuation  on  all  property  on  said  rolls,  under  such  regula- 
tions as  may  be  prescribed  by  the  City  Council  by  ordinance,  and  after 
the  completion  of  said  v.ork,  said  board  shall  make  due  report  of  its 
action  to  the  City  Council. 

Said  board,  constituted  as  herein  provided,  shall  continue  for  a  period 
of  one  year,  and  shall  be  a  standing  committee  to  which  all  matters 
relative  to  taxes  shall  be  referred.  The  members  of  said  board  shall 
not  receive  any  further  compensation  or  extra  compensation  by  rea- 
son of  their  services  as  members  of  said  Board  of  Appraisement,  nor 
as  members  of  said  standing  committee  on  taxes. 

In  case  of  dissatisfaction  with  the  decision  of  said  Board  of  Ap- 
praisement by  any  taxpayer,  an  appeal  from  the  decision  of  said  Board 
of  Appraisement  may  be  had  to  the  City  Council  of  the  City  of  Hous- 
ton, but  such  appeal  must  be  by  written  petition,  specifically  stating 
the  things  complained  of,  and  by  the  dissatisfied  taxpayer  be  filed 
with  the  City  Secretary  before  the  expiration  of  thirty  days  after 
said  board  has  finally  examined  and  passed  upon  the  delinquent  rolls  of 
said  city  and  made  its  final  report  to  the  Mayor  and  City  Council, 
as    herein    provided.      The    decision    of   the    City   Council    in    all   cases 


City  of  Houston  25 


of  appeal  from  the  decision  of  the  Board  of  Appraisement  shall  be 
final  and  binding,  and  no  appeal  shall  be  allowed  from  the  decision  of 
the  City  Council. 

Said  Board  of  Appraisement  shall  finish  and  conclude  its  labors 
within  not  less  than  sixty  days,  and  in  no  event  shall  it  file  its  final 
report  with  the  Mayor  and  City  Council  later  than  the  fifteenth  day 
of  June  of  each  year. 

It  shall  be  the  duty  of  the  Board  of  Appraisement  to  mail  a  postal 
card  to  each  property  owner,  the  valuation  of  whose  property  the 
board  proposes  to  raise  or  increase,  notifying  him  to  appear  before 
it  and  show  cause  why  said  valuation  should  not  be  increased  as 
proposed,  but  the  failure  on  the  part  of  any  property  owner  whose 
property  may  be  increased  in  value  by  the  Board  of  Appraisement  to 
receive  written  notice  of  the  proposed  increase,  shall  in  no  wise  in- 
validate or  affect  the  action  of  said  Board  of  Appraisement  in  increas- 
ing the  valuation  of  said  property,  but  it  shall  be  presumed  that  the 
notice  was  sent  as  provided  for  herein. 

ARTICLE  IV. 

Sectiox  1.  AUTHORITY  TO  ISSUE  BONDS.— The  City  Council 
shall  have  the  power  and  authority  by  ordinance  duly  passed,  if  it  so 
elects,  to  borrow  money  on  the  credit  of  the  city  for  permanent  im- 
provements, to  an  amount  not  to  exceed  one  hundred  thousand  dol- 
lars ($100,000.00)  in  any  one  year,  and  may  issue  bonds  of  the  city 
therefor.  It  may  also  have  the  power,  and  is  hereby  expressly  author- 
ized to  issue  bonds  for  the  purpose  of  refunding  bonds  of  the  city  of 
previous  issues;  provided,  the  bonds  may  be  refunded  at  a  lower  rate 
of  interest  than  the  bonds  proposed  to  be  retired  draw. 

Xo  bonds  shall  be  issued  for  any  purpose  except  for  the  purpose 
of  making  permanent  improvements,  which  shall  not  exceed  one  hun- 
dred thousand  dollars  ($100,000.00)  in  any  one  year,  and  for  the  pur- 
pose of  refunding  bonds  of  the  city  of  previous  issues,  unless  an  elec- 
tion be  duly  ordered  by  the  Mayor  and  City  Council,  and  if  at  said 
election  a  majority  of  the  vote  polled  shall  be  in  favor  of  creating  such 
debt,  it  shall  be  lawful  for  the  City  Council  to  make  the  issuance  of 
bonds  as  proposed  in  the  ordinance  submitting  the  same  at  the  election 
so  held,  but  if  a  majority  of  the  vote  polled  shall  be  against  the  creat- 
ing of  such  debt,  it  shall  be  unlawful  for  the  City  Council  to  issue 
the  bonds. 

In  all  elections  to  determine  the  expenditure  of  money  for  the  as- 
sumption of  debt,  only  those  shall  be  qualified  to  vote  who  pay  taxes 
on  property  in  said  city,  and  are  legally  qualified  voters  in  said  City 
of  Houston;  provided,  that  no  poll  tax  for  the  payment  of  debts  thus 
incurred  shall  be  levied  upon  the  persons  debarred  from  voting  in 
relation  thereto. 

No  bonds  shall  be  issued  drawing  more  than  five  per  cent,  interest 
per  annum,  and  they  shall  be  invalid  if  sold  for  less  than  par  and 
accrued  interest,  and  all  bonds  shall  express  upon  their  face  the  pur- 
pose for  which  they  are  issued. 


26  Charter  of  the 


The  ordinance  authorizing  any  bonds  to  be  issued  shall  provide  for 
the  creation  of  a  sinking  fund  sufficient  to  pay  the  bonds  at  matur- 
ity, and  make  provision  for  the  payment  of  the  interest  thereon  as  it 
matures,  and  said  sinking  fund  shall  be  invested  in  bonds  of  the  State 
of  Texas,  or  in  the  bonds  issued  by  counties  in  the  State  of  Texas, 
or  in  bonds  of  the  United  States,  or  such  funds  may  be  used  for  the 
purchase  of  the  bonds  of  the  City  of  Houston  which  are  not  yet  due, 
and  neither  interest  nor  sinking  fund  shall  be  devoted  to  any  other 
purpose  whatsoever. 

Any  officer  of  the  city  who  shall  wilfully  or  knowingly  divert  or 
use  said  fund  for  any  other  purpose  except  that  for  which  the  fund  Is 
created,  or  herein  expressly  authorized  to  be  invested,  shall  be  deemed 
guilty  of  a  felony,  and  subject  to  prosecution  as  provided  under  the 
general  laws  of  the  State  for  the  diversion  and  conversion  of  funds 
belonging  to  any  of  the  municipalities  of  said  State. 

Sec.  2.  BAYOU. — Power  is  hereby  given  the  City  Council  of  the 
City  of  Houston  to  secure  land  between  Houston  and  Harrisburg, 
along  the  banks  of  Buffalo  Bayou,  by  purchase,  condemnation  or  by 
gift,  for  the  improvement  of  Buffalo  Bayou  by  the  United  States,  or 
by  the  City  of  Houston  and  for  this  purpose  it  may  by  ordinance 
extend  the  corporate  limits  of  said  city  from  its  present  eastern 
limits  eastwardly  in  a  general  direction  with  Buffalo  Bayou,  from 
bank  to  bank,  as  same  is  now  constructed,  or  exists,  or  as  same  may 
be  ordered  constructed  by  the  government  engineers  in  charge  of 
said  work,  provided  that  the  city  shall  have  no  right  to  tax  the 
property  over  which  such  boundaries  are  so  extended,  unless  such 
property  be  within  the  line  and  within  the  limits  of  the  general  city 
boundaries  or  limits. 

To  effect  a  condemnation,  the  same  proceedings  shall  be  taken 
and  the  same  statutes  shall  govern,  so  far  as  applicable,  as  obtain  and 
apply  to  the  condemnation  of  lands  by  railway  companies  under  the 
general  statutes  of  the  State  of  Texas. 

Sec.  3.  PEES. — "Within  its  corporate  limits,  the  City  of  Houston 
shall  be  the  local  agent  of  the  State  government  for  the  enforcement 
of  the  State  laws,  in  all  cases  wherein  the  Corporation  Court  of  the 
City  of  Houston  has  jurisdiction,  and  all  fines  or  penalties  imposed 
by  said  court,  including  all  costs  incident  thereto,  and  assessed  against 
the  parties  so  fined,  are  by  this  act  declared  to  be  due  and  owing  to, 
and  shall  be  payable  to  the  City  of  Houston,  and  in  all  cases  where 
fees  are  allowed,  the  officers  making  the  arrest,  or  the  attorneys 
prosecuting  said  causes  in  said  Corporation  Court,  said  fees  shall  be 
payable  to,  and  shall  hereby  become  due  and  owing  to  the  City  of 
Houston. 

And  the  City  of  Houston  shall  by  ordinance  prescribe  that  no  officer 
or  employe  in  the  service  of  the  City  of  Houston  shall  receive  any 
fees,  rewards  or  perquisites  accruing  from  any  service  performed  in 
any  manner  whatsoever,  whether  authorized  by  the  general  laws  of  the 
State  or  otherwise,  but  in  addition  may  prescribe  by  ordinance  that 
said  fees,  which  may  be  collectible  by  said  officers  under  the  State 
law,  shall  become  the  property  of,  and  shall  be  payable  to  the  City 
of  Houston,  and  a  failure  on  the  part  of  any  officer  or  employe   to 


Citu  of  Houston  27 


collect  said  fees  when  collectible,  and  to  pay  the  same  over  to  the 
City  of  Houston,  shall  be  deemed  a  malfeasance  in  office,  and  said 
officer  shall  be  removed. 

Sec.  4.  SIDEWALKS.— The  City  of  Houston  may  by  appropriate 
penal  ordinance  compel  the  construction  and  laying  of  sidewalks  by 
property  owners  in  front  of,  or  abutting  on  their  land,  or  property,  and 
may  prescribe  the  character  of  such  sidewalk,  and  the  manner  in 
which  it  shall  be  laid.  Should  any  person  or  corporation  owning  land 
in  the  City  of  Houston  fail  or  refuse  to  construct  sidewalks  in  front 
of  or  abutting  on  their  property,  in  accordance  with  the  ordinance 
passed  by  the  City  of  Houston,  in  addition  to  the  penalty  provided  for 
herein,  the  City  of  Houston  shall  have  the  right  to  have  said  side- 
walk constructed  in  accordance  with  such  ordinance  at  the  expense  of 
the  abutting  property  ewner,  and  may  recover  a  personal  judgment 
in  any  court  having  jurisdiction  of  the  amount,  for  the  costs  and 
expense  in  constructing  said  sidewalks,  with  10  per  cent,  additional 
for  attorney's  fees.  The  Council  may  also,  by  ordinance,  provide  that 
the  city  shall  not  pave  with  brick,  asphalt,  stone  or  gravel,  any  street 
unless  and  until  the  owners  of  abutting  property  shall  previously  lay 
in  the  manner  as  may  be  prescribed  by  the  city  a  curb  and  si-lewalk 
thereon. 

Sec.  5.  VESTIBULE  CARS.— The  City  Council  may,  by  ordinance, 
duly  passed,  require  any  street  car  company  operating  its  lines  or 
cars  within  or  into  the  City  of  Houston,  to  equip  its  cars  with  vesti- 
bules of  such  pattern  and  style  and  during  such  period  of  the  year, 
as  may  be  prescribed  by  ordinance. 

The  city  shall  also  have  the  right  and  power,  by  ordinance  duly 
passed,  to  require  any  street  railway  company  operating  its  cars  or  lines 
within  the  limits  of  the  City  of  Houston,  to  equip  its  cars  with  fenders 
of  such  style,  design  or  pattern,  as  may  be  prescribed  by  the  City 
Council,  and  to  run  closed  cars  in  the  months  of  December,  January 
and  February  of  each  year. 


ARTICLE  V. 

Section  1.  ELECTIVE  OFFICERS.— The  administration  of  the 
business  affairs  of  the  City  of  Houston  shall  be  conducted  by  a  Mayor 
and  four  Aldermen,  who,  together,  shall  be  known  and  designated  as 
the  City  Council,  each  and  all  of  w^hom  shall  be  elected  by  the  quali- 
fied voters  of  the  city  at  large,  and  who  shall  hold  their  respective 
offices  for  two  years  from  and  after  the  next  city  election,  or  until 
their  successors  are  elected  and  qualified,  unless  sooner  removed,  as  is 
provided  by  this  act;  provided,  however,  that  all  of  the  present  officers 
of  the  City  of  Houston,  who  were  elected  at  a  city  election  held 
in  said  city,  on  the  fourth  day  of  April,  A.  D.  1904,  pursuant  to  the 
provisions  of  an  act  passed  by  the  Twenty-eighth  Legislature  of  the 
State  of  Texas,  entitled:  "An  Act  to  provide  a  charter  for  the  City 
of  Houston,  Harris  County,  Texas,  repealing  all  laws  or  parts  of  laws 
in  conflict  herewith,  and  declaring  an  emergency";  except  the  Mayor, 
Aldermen  and  City  Attorney,  shall  hold  their  respective  offices,  unless 


28  Charter  of  the 


sooner  removed  by  the  Mayor  for  cause,  and  receive  the  compensa- 
tion now  fixed  therefor,  until  the  expiration  of  two  years  from  and 
after  the  date  of  their  election  on  the  fourth  day  of  April,  19U4,  aud 
qualification  thereunder. 

Compensation  of  all  officers,  except  the  Mayor  and  Aldermen,  shall 
be  fixed  by  the  City  Council,  which  may  increase  or  diminish  the  same 
at  will,  or  abolish  entirely  any  office  at  any  time,  except  as  to  the 
officers  above  mentioned,  and  until  their  two  years  term  of  office  ex- 
pires. 

In  case  a  primary  election  is  held  pursuant  to  the  call  or  under  the 
direction  of  any  political  party,  or  of  any  association  of  individuals 
for  the  nomination  of  candidates  for  the  offices  of  Mayor  and  Aldermen, 
the  candidates  or  persons  voted  for  in  said  primary  election  shall  be 
voted  for  at  large  by  all  of  the  legally  qualified  voters  in  said  city,  it 
being  the  purpose  of  this  act  to  nominate  and  elect  at  large  in  said 
city  the  Mayor  and  Aldermen,  without  restricting  the  nomination  of 
candidates  for  either  position  to  any  smaller  designated  territory  within 
the  limits  of  said  city,  and  any  primary  election  held  for  the  purpose 
of  nominating  candidates  who  shall  stand  for  election  at  a  city  election 
in  said  city  at  which  said  primary  the  candidates  for  Mayor  and  Alder- 
men are  not  voted  for,  as  herein  provided,  shall  be  absolutely  illegal, 
and  no  person  so  nominated  at  said  primary  election  shall  be  eligible 
to  election  at  a  general  election,  nor  shall  he  hold  any  office  if  elect'jd 
thereto  after  nomination  in  a  primary  Avherein  the  voters  at  large  in 
said  city  did  not  participate  in  said  primary  election. 

Sec.  2.  APPOINTIVE  OFFICERS.— The  Mayor  shall  have  power 
to  appoint,  subject  to  confirmation  by  the  City  Council,  such  heads  of 
departments  in  the  administrative  service  of  the  city  as  may  be  created 
by  ordinance,  and  shall  have  power  to  appoint  and  remove  all  officers 
or  employes  in  the  service  of  the  city  for  cause,  whenever  in  his  judg- 
ment the  public  interests  demand  or  will  be  better  subserved  thereby; 
and  no  officer  whose  office  is  created  by  ordinance  shall  hold  the 
same  for  any  fixed  term,  but  shall  always  be  subject  to  removal  by 
the  Mayor  or  may  be  removed  by  the  City  Council.  In  case  of  such 
removal,  if  the  ofticer  or  employe  so  removed  requests  it,  the  Mayor 
or  City  Council,  as  the  case  may  be,  shall  file  in  the  public  archives  of 
the  city  a  written  statement  of  the  reason  for  which  the  removal  was 
made. 

ARTICLE  VI. 

Section  1.  THE  MAYOR. — The  chief  executive  and  administrative 
officer  of  the  city  shall  be  a  Mayor,  who  shall  be  a  citizen  of  the  United 
States,  a  qualified  voter,  residing  for  five  consecutive  years  immediately 
before  his  election  within  the  city  limits,  and  a  bona  fide  owner  of  real 
estate  for  at  least  two  years  before  his  election,  and  shall  hold  his 
office  for  two  years,  and  until  his  successor  is  elected  and  qualified, 
unless  sooner  removed  as  provided  by  this  act. 

Sec.  2.  MAYOR  PRO  -TEM.— At  the  first  regular  meeting  of  the  City 
Council  after  the  induction  of  the  newly  elected  Mayor  and  Aldermen 
in  office,  the  Mayor  shall  nominate,  subject  to  confirmation  by  the  City 


City  of  Houston  29 


Council,  one  of  the  Aldermen  who  shall  be  known  and  designated  as 
"Mayor  Pro  Tern,"  and  shall  continue  to  hold  the  title  and  the  office 
until  the  expiration  of  the  term  of  office  for  which  he  was  elected  as 
Alderman,  but  shall  receive  no  extra  pay  by  reason  of  being  or  acting 
Mayor  Pro  Tem. 

Sec.  3.  DISABILITY  OP  THE  MAYOR.— If  for  any  reason  the 
Mayor  is  absent  from  the  city,  sick  or  unable  to  perform  the  duties  of 
his  office,  the  Mayor  Pro  Tem  shall  act  as  Mayor,  and  during  such  ab- 
sence or  disability  shall  possess  all  of  the  powei's  nnd  iierform  all  of 
the  duties  of  the  ilayor,  except  that  he  shall  not,  independent  of  the 
City  Council,  appoint  or  remove  any  officer  or  head  of  any  department 
from  office,  which  officer  or  head  of  department  was  appointed  by  the 
Mayor,  unless  the  Mayor  shall  be  absent,  or  disabled  for  a  period  of 
at  least  sixty  days. 

Sec.  4.  VACANCY. — In  case  of  the  death,  resignation  or  permanent 
disability  of  the  Mayor,  or  whenever  a  vacancy  in  the  office  of  Mayor 
shall  occur  for  any  reason,  the  Mayor  Pro  Tem  shall  act  as  Mayor,  and 
shall  possess  all  of  the  rights  and  powers  of  the  Mayor,  and  perform  all 
of  his  duties,  under  the  official  title,  however,  of  "Mayor  Pro  Tem"  until 
an  election  is  ordered  by  the  City  Council  to  fill  the  vacancy  in  the  office 
of  the  Mayor.  Said  election,  should  a  vacancy  occur  in  the  office  of 
Mayor,  shall  be  called  by  the  City  Council  and  held  within  thirty  days 
thereafter,  and  notice  by  publication  given  for  at  least  twenty  days,  as 
may  be  required  by  law. 

Sec.  5.  REMOVAL  OF  THE  MAYOR.— In  case  of  misconduct,  in- 
ability or  willful  neglect  in  the  performance  of  the  duties  of  his  office, 
the  Mayor  may  be  removed  from  office  by  the  City  Council  by  majority- 
vote  of  all  the  Aldermen  elected,  but  shall  be  given  an  opportunity  to 
be  heard  in  his  defense,  and  shall  have  the  right  to  have  process  issued 
to  compel  the  attendance  of  witnesses,  who  shall  be  required  to  give 
testimony,  if  he  so  elects.  The  hearing,  in  case  of  impeachment  of  the 
Mayor,  shall  be  public  and  a  full  and  complete  statement  of  the  reasons 
for  such  removal,  if  he  be  removed,  together  with  the  findings  of  facts 
as  made  by  the  Council,  shall  be  filed  by  the  City  Council  in  the  public 
archives  of  the  city,  and  shall  be  and  become  a  matter  of  public 
record. 

Pending  the  charge  of  impeachment  against  the  Mayor,  the  City 
Council  may  suspend  him  from  office  for  a  period  of  not  exceeding 
thirty  days,  and  if  upon  final  hearing  the  conclusions  and  findings  of 
the  City  Council  are  that  the  Mayor  be  impeached  and  removed  from 
office,  such  findings  shall  be  final. 

Sec.  6.  VETO  POWER  OF  THE  MAYOR.— Every  ordinance,  resolu- 
tion or  motion  of  the  City  Council  shall,  before  it  takes  effect,  be  pre- 
sented to  the  Mayor  for  his  approval  and  signature.  If  he  approves  it, 
he  shall  sign  it;  if  he  disapproves  it,  he  shall  specify  his  objection 
thereto  in  writing  by  the  next  regular  meeting  of  the  City  Council,  and 
return  the  same  to  the  City  Council,  with  such  disapproval.  If  he  does 
not  return  it  with  such  disapproval,  nor  sign  it,  it  shall  upon  the  ex- 
piration of  the  time  for  its  return  to  the  City  Council  with  his  dis- 
approval, be  in  effect  and  force,  the  same  as  if  he  had  approved  it. 


30  Charter  of  the 


The  City  Council  may,  in  case  of  the  veto  of  any  ordinance  or 
resolution  by  the  Mayor,  pass  the  same  over  the  veto  of  the  Mayor  by  a 
majority  vote,  but  in  all  such  cases  the  Mayor  shall  not  be  deprived  of 
his  right  to  vote  as  a  member  of  the  City  Council  by  reason  of  the  veto. 
In  case  the  Mayor's  veto  is  sustained,  the  matter  shall  not  again  come 
before  the  Council  within  six  months,  but  in  ordinances  or  resolutions 
making  appropriations,  the  Mayor  may  veto  any  or  every  item  therein, 
but  such  veto  shall  only  extend  to  the  items  so  vetoed,  and  those  which 
he  approves  shall  become  effective,  and  those  which  he  disapproves  shall 
not  become  effective,  unless  passed  over  his  veto  in  the  manner  above 
specified. 

Skc.  7.  GENERAL  POWERS  OF  THE  MAYOR.— The  Mayor  shall 
have  and  exercise  such  powers,  prerogatives  and  authority,  acting  in- 
dependently of  or  in  concert  with  the  City  Council,  as  are  conferred  by 
the  provisions  of  this  act,  or  as  may  be  conferred  upon  him  by  the  City 
Council,  not  inconsistent  with  the  general  purposes  and  provisions  of 
this  charter,  and  shall  have  the  power  to  administer  oaths,  and  shall 
sign  all  contracts  and  shall  have  the  right  and  authority  at  any  time 
to  remove  any  officer  or  employe  of  the  city  subject  to  the  provisions 
of  this  act;  provided,  however,  he  shall  not  have  the  right  to  remove 
one  of  the  Aldermen  of  the  city  or  the  Controller,  except  by  acting  in 
concert  with  the  other  Aldermen  as  the  City  Council. 

In  case  of  the  disability  or  absence  of  the  Judge  of  the  Corporation 
Court,  the  Mayor,  or  in  the  absence  or  disability  of  the  Mayor,  the 
Mayor  Pro  Tern,  shall  act  as  Judge  of  the  Corporation  Court. 

Sec.  8.  ANNUAL  BUDGET.— It  shall  be  the  duty  of  the  Mayor  from 
time  to  time  to  make  such  recommendations  to  the  Council  as  he  may 
deem  to  be  for  the  welfare  of  the  city,  and  on  the  second  ]\Ionday  of 
Mai'ch  of  each  year  to  submit  to  the  Council  the  annual  budget  of  the 
current  expenses  of  the  city  for  that  fiscal  year,  each  item  in  which 
may  be  increased,  reduced  or  omitted  by  the  Council,  subject  to  the  veto 
power  of  the  Mayor. 

The  fiscal  year  of  the  City  of  Houston  is  hereby  designated,  beginning 
with  the  first  day  of  March  of  each  year  and  closing  with  the  last  day 
of  February  next  ensuing  thereafter. 

Sec.  9.  SALARY  OF  THE  MAYOR.— The  salary  of  the  Mayor  of  the 
City  of  Houston  shall  be  four  thousand  dollars  per  annum,  which  said 
salary  shall  be  payable  in  equal  monthly  installments.  The  Mayor  shall 
devote  his  entire  time  to  looking  after  the  business  and  administration 
affairs  of  said  city,  or  performing  such  duties  as  may  devolve  upon  or  be 
encumbent  upon  him  to  perform,  and  if  for  any  reason,  except  in  case  of 
sickness  or  on  business  for  the  city,  the  Mayor  shall  absent  himself 
from  the  city  or  fail  or  refuse  to  perform  and  discharge  the  duties  of 
his  office,  for  a  period  of  time  exceeding  fifteen  days,  he  shall  not  be 
allowed  any  compensation  for  such  time,  exceeding  fifteen  days,  as  he 
may  fail  to  perform  the  duties  of  his  office,  but  his  salary  shall  for 
each  and  every  day  during  such  time  and  in  excess  of  the  fifteen  days, 
be  ratably  reduced  and  deducted  from  his  next  monthly  payment. 


City  of  Houston  31 


ARTICLE  VII. 

Section  1.  CITY  COUNCIL.— There  shall  be  a  City  Council  of  the 
City  of  Houston,  which  shall  consist  and  be  composed  of  a  Mayor  and 
four  Aldermen,  with  full  power  and  authority,  except  as  herein  other- 
wise provided,  to  exercise  all  powers  conferred  upon  the  city  subject  to 
the  veto  power  of  the  Mayor  as  hereinbefore  provided. 

Sec.  2.  QUALIFICATION  OF  ALDERMEN.— No  person  shall  be 
elected  an  Alderman  unless  he  be  a  citizen  of  the  United  States,  and 
shall  have  been  for  five  years  immediately  preceding  such  election  a 
citizen  of  the  City  of  Houston,  and  for  two  years  prior  to  his  election 
a  bona  fide  owner  of  real  estate  in  said  city. 

All  Aldermen  shall  be  elected  by  a  vote  of  the  people  at  large,  and 
if  nominated  by  any  political  party  or  organization  as  a  candidate  at 
any  primary  election,  said  nomination  shall  be  made  by  voting  for  the 
candidate  at  large  in  said  city. 

No  person  shall  be  eligible  to  office  who  shall  have  been  nominated  in 
any  primary  election  in  a  ward  or  precinct  of  the  city,  or  in  any 
manner  which  will  prevent  the  voters  at  large  in  said  city  from  exer- 
cising the  privilege  of  voting  for  or  against  said  candidate. 

Sec.  3.  JUDGE  OF  ELECTIONS.— The  City  Council  shall  be  the 
judge  of  the  election  and  qualification  of  its  own  members,  subject  to 
review  by  the  courts,  in  case  of  contest. 

Sec.  4.  RESTRICTIONS  UPON  MEMBERS  OF  THE  .COUNCIL.— No 
member  of  the  City  Council  shall  hold  any  other  public  office,  or  hold 
any  office  or  employment,  compensation  for  which  is  paid  out  of  public 
moneys;  nor  be  elected  or  appointed  to  any  office  created  by,  or  the 
compensation  of  which  was  increased  or  fixed  by  the  City  Council  while 
he  was  a  member  thereof,  until  after  the  expiration  of  at  least  one  year 
after  he  has  ceased  to  be  a  member  of  the  City  Council.  Nor  shall  any 
member  of  the  City  Council,  or  any  officer  of  the  City  of  Houston,  be 
pecuniarily  interested,  directly  or  indirectly,  in  any  contract  let  by 
the  city,  Board  of  School  Trustees  of  the  Independent  School  District  of 
the  City  of  Houston  on  any  work  done  by  the  city  or  by  the  Board  of 
School  Trustees  of  the  Independent  School  District  of  the  City  of 
Houston,  nor  in  any  matter  wherein  the  rights  or  liabilities  of  the  City 
of  Houston  are,  or  may  be  involved;  nor  shall  any  member  of  the 
City  Council,  or  any  other  officer  of  the  city,  be  interested,  directly 
or  indirectly,  in  any  public  work  or  contract  let,  supervised  or  con- 
trolled, or  which  shall  be  paid  for,  wholly  or  in  part,  by  the  State  of 
Texas,  or  any  of  the  counties  or  municipalities  therein,  whether  in- 
corporated under  general  or  special  law. 

In  the  event  any  such  officer  of  the  City  of  Houston  shall  become 
interested,  directly  or  indirectly,  in  any  contract  or  work,  purchase  or 
sale  made  by  the  City  of  Houston,  then  the  said  contract  or  work,  pur- 
chase or  sale,  shall  become  null  and  void  and  shall  be  discontinued,  and 
new  arrangements  shall  be  entered  into  as  in  case  of  the  incipiency  of 
the  contract  or  work,  purchase  or  sale. 


32  Charter  of  ike 


Any  member  of  the  City  Council,  or  any  officer  or  employe  of  the 
city,  becoming  interested,  directly  or  indirectly,  as  aforesaid,  in  any 
contracts,  work,  purchase  or  sale,  by  or  with  any  of  the  agencies  afore- 
said, shall  forfeit  all  right  or  claim  to  the  title  and  emoluments  of  any 
office  which  he  may  happen  to  hold  in  said  city,  and  shall  be  ex- 
pelled therefrom  by  the  Mayor  or  City  Council,  or  if  they  shall  fail 
to  remove  said  officer,  employe  or  member  of  the  City  Council  guilty 
as  aforesaid,  he  shall  nevertheless  be  subject  to  removal  upon  the  action 
of  any  five  citizens  taken  in  one  of  the  district  courts  of  Harris  County 
in  such  proceedings  as  are  appropriate  and  proper,  and  shall  in  addition 
be  guilty  of  misdemeanor  felony,  as  the  case  may  be,  as  is  or  may  be 
provided  in  the  penal  statutes  of  the  State  of  Texas. 

Sec.  5.  RULES  OF  THE  COUNCIL.— The  City  Council  shall  de- 
termine its  own  rules  of  procedure,  may  punish  its  members  for  dis- 
orderly conduct,  shall  compel  the  attendance  of  members,  and  with  the 
concurrence  of  a  majority  of  the  members  elected,  may  impeach  a 
member. 

Any  member  of  the  City  Council  who  shall  have  been  convicted  of 
bribery  or  who  shall  violate  any  of  the  provisions  of  this  act  shall 
forfeit  his  office  and  the  emoluments  attached  thereto. 

Sec.  6.  MEETINGS  OF  THE  COUNCIL.— The  City  Council  shall 
piescribe  by  ordinance  the  time  and  place  of  its  meetings,  and  the 
manner  in  which  special  meetings  thereof  may  be  called. 

A  majority  of  the  members  of  the  Council  shall  constitute  a  quorum 
to  do  business;  shall  sit  with  open  doors;  shall  keep  a  journal  of  its 
own  proceedings,  which  shall  be  public  and  constitute  one  of  the 
archives  of  the  city. 

The  Council  Shall  act  only  by  ordinance,  resolution  or  motion,  and  all 
ordinances,  resolutions  or  motions,  except  ordinances  making  appro- 
priations, shall  be  confined  to  one  subject,  which  shall  be  clearly 
expressed  in  the  title,  and  ordinances  making  appropriations  shall  be  con- 
fined to  the  subject  of  appropriation. 

The  ayes  and  nayes  shall  be  taken  upon  the  passage  of  all  ordinances 
or  resolutions  and  entered  upon  the  journal  of  its  proceedings,  and 
every  ordinance,  resolution  or  motion  shall  require  on  final  passage 
the  affirmative  votes  of  the  majority  of  all  the  members  of  the  City 
Council. 

No  ordinance  or  resolution  shall  be  passed  finally  on  the  date  it  is 
introduced,  except  in  the  case  of  public  emergencies,  and  then  only 
when  requested  by  the  Mayor  in  writing;  provided  that  no  ordinance  or 
resolution  making  a  grant  of  any  franchise  or  special  privilege  shall 
ever  be  passed  as  an  emergency  measure. 

Sec.  7.  VACANCIES. — In  case  of  the  death,  resignation,  removal 
from  the  city,  or  disqualification  arising  from  any  cause,  of  any  Alder- 
man, his  office  shall  thereupon  become  vacant  and  an  election  shall  be 
ordered  by  the  City  Council  to  elect  his  successor.  At  least  twenty 
days  notice  of  said  election  shall  be  given,  by  publication  in  some 
daily  newspaper  in  the  City  of  Houston,  and  said  election  shall  be  held 
pursuant  to  the  provisions  of  this  act,  or  as  may  be  required  by  the 
laws  of  the  State  of  Texas,  when  not  in  conflict  with  this  act. 


City  of  Houslon 


Sec.  8.  The  City  Council  shall,  consistent  with  the  provisions  of  this 
act,  have  power  to  establish  any  office  that  may  in  its  opinion  be  neces- 
sary or  expedient  for  the  conduct  of  the  city's  business  or  government, 
and  may  fix  its  salary  and  define  its  duties;  provided,  however,  that 
all  offices  established  by  the  Council  shall  be  subject  to  discontinuance 
or  be  abolished  by  the  Council  at  any  time,  and  any  encumbent  of  any 
office,  except  the  Controller,  may  be  removed  at  any  time  by  the  Mayor, 
with  or  without  the  concurrence  of  the  Council;  and  in  no  case  shall 
any  officer  or  employe  of  the  city  be  entitled  to  receive  any  compen- 
sation or  emolument  of  any  office  which  may  be  abolished,  or  from 
which  he  may  be  removed,  except  for  services  rendered  to  the  date 
when  the  office  was  abolished  or  the  encumbent  removed. 

The  Council  shall  require  all  officers  of  the  city  to  give  bond  in 
such  sum  as  may  be  prescribed  by  ordinance,  which  sum  shall  always 
be  of  sufficient  amount  amply  to  protect  the  city. 

Sec.  9.  The  Mayor  or  the  City  Council,  or  a  committee  of  the  city 
duly  authorized  by  it,  may  and  it  shall  be  their  duty  at  any  and  all 
times  to  investigate  each  and  every  department  of  the  city  government 
and  the  official  acts  and  conduct  of  the  city  officials;  and  for  the  pur- 
pose of  ascertaining  facts  in  connection  with  such  investigation,  shall 
have  power  to  compel  the  attendance  and  testimony  of  witnesses;-  to 
administer  oaths  and  to  examine  such  persons  as  they  may  deem  neces- 
sary and  to  compel  the  production  of  books  and  documents.  Failure 
to  appear  by  any  one  when  served  with  notice  to  do  so  shall  be  a 
contempt,  which  may  be  punished  by  fine,  and  in  default  of  the  pay- 
ment thereof  within  five  days,  the  person  so  fined  may  be  imprisoned. 
Willful  false  swearing  in  such  investigations  and  examinations  shall  be 
perjury  and  punishable  as  such. 

Sec.  10.  It  shall  be  the  duty  of  the  City  Council  at  its  second  meet- 
ing in  April,  or  any  time  thereafter,  of  every  year,  to  appropriate  such 
sums  of  money  respectively  for  each  of  the  various  departments  of  the 
city  government  as  it  may  deem  necessary  for  their  maintenance  during 
the  current  year.  The  current  fiscal  year  shall  begin  on  the  first  day 
of  March  of  each  year,  and  end  on  the  last  day  of  February  next  there- 
after. 

In  addition  to  the  departmental  appropriations  herein  provided  for, 
the  Council  shall  also  make  such  appropriations  for  contingent  pur- 
poses as  may  be  deemed  necessary.  The  Council  may  also  at  the  same 
or  any  subsequent  time  appropriate  a  sum  not  to  exceed  one  thousand 
dollars  ($1,000.00)  to  be  used  by  the  Mayor  as  an  emergency  fund  for 
any  current  year,  and  for  which  he  shall  not  be  required  to  account. 

The  appropriations  herein  provided  for  shall  be  based  upon  estimates 
submitted  by  the  Mayor  in  his  annual  budget. 

The  head  of  each  department  created  by  the  City  Council  shall  make  a 
written  report  to  the  Mayor,  not  later  than  the  fifth  day  of  March  in 
each  and  every  year,  showing  the  operations  of  the  department  for  the 
preceding  year.  These  reports  shall  be  transmitted  to  the  Mayor,  and 
shall  accompany  and  be  made  a  part  of  the  Mayor's  report  to  the  City 
Council,  which  report  shall  be  made  not  later  than  the  fifteenth  day  of 
March  of  each  year. 


34  Charter  of  the 


The  Mayor  shall  also  make  such  recommendations  to  the  City  Council 
concerning  the  increase  or  decrease  of  departmental  estimates  as  in  his 
judgment  may  best  serve  the  interests  of  the  city,  and  he  shall  also 
submit  an  estimate  for  a  general  contingent  fund  for  the  current  year. 

In  making  up  the  budget  allowance  for  any  current  year,  the  City 
Council  shall  first  make  provision  for  the  payment  of  the  interest  and 
the  creation,  setting  aside  and  preservation  of  a  legal  sinking  fund  upon 
all  of  the  outstanding  bonded  indebtedness  of  the  city,  and  shall  then 
make  such  appropriations  as  the  remaining  revenues  of  the  city  justify, 
to  be  apportioned  among  the  respective  departments,  or  otherwise 
appropriated  for  public  uses,  as  to  the  Council  may  seem  best;  provided, 
however,  that  in  no  case  shall  the  entire  appropriation  as  made,  which 
comprehends  interest  and  sinking  fund  on  the  bonded  debt,  together 
with  other  public  uses  and  purposes,  ever  exceed  the  estimated  avail- 
able resources,  which  shall  be  based  upon  the  probable  revenues  of  the 
city  derived  from  ad  valorem  taxes  upon  the  basis  of  the  total  valuation 
of  the  property  for  taxation  for  the  preceding  year,  and  of  such  other 
contingent  revenues  of  the  city  as  may  probably  accrue. 

It  shall  be  deemed  a  malfeasance  for  the  City  Cou-ncil  to  make  an 
appropriation  in  the  budget,  the  sum  total  of  which  shall  exceed  the 
estimated  available  or  probable  revenues  for  any  current  fiscal  year. 

Sec.  11.  BUSINESS  SESSIONS.— For  the  purpose  of  conducting  and 
transacting  the  ordinary  business  and  administrative  affairs  of  the  city, 
the  City  Council  shall  be  continuously  in  executive  session,  or  open 
and  ready  to  be  convened  therefor  at  any  time,  and  at  such  hours  as 
the  Mayor  may  designate,  and  it  is  hereby  declared  to  be  the  duty  of 
every  member  of  the  City  Council  to  attend  at  all  times  the  executive 
sessions  which  may  be  called  by  the  Mayor,  or  in  case  of  his  failure  to 
call  the  same,  by  a  majority  of  the  members  of  the  City  Council,  when- 
ever they  deem  it  expedient  to  do  so. 

Sec.  12.  SALARY. — The  Aldermen  shall  each  receive  a  salary  of 
twenty-four  hundred  dollars  ($2,400.00)  per  annum,  payable  in  equal 
monthly  installments,  and  shall  devote  theii^  entire  time  to  the  service 
of  the  city,  and  shall  perform  all  of  the  cTuties  required  by  this  act,  and 
such  other  administrative  duties  as  may  be  allotted  or  designated  by 
the  Mayor,  from  time  to  time. 

The  Council  may  remove  at  any  time  any  Alderman  by  majority  vote, 
for  inattention  to  the  affairs  of  the  city,  misconduct,  or  any  grounds 
sufficient  in  judgment  of  the  Council  for  removal. 


ARTICLE  VIII. 

CITY   CONTROLLER. 

Section  1.  MANNER  OF  ELECTION.— The  City  Council  shall  at  its 
first  meeting  in  May,  1906,  or  as  soon  thereafter  as  it  may  be  disposed 
to  do  so,  and  bi-ennially  thereafter,  elect  a  Controller,  who  shall  hold 
his  office  for  two  years  or  until  his  successor  is  elected  and  qualified  in 
the  manner  prescribed  above,  and  who  shall  not  be  removed  except  by 
Impeachment  proceedings  of  the  City  Council,  at  which  proceedings  he 


Oitij  of  Houston  35 


shall  be  given  ample  opportunity  to  be  heard,  and  may  be  represented 
by  counsel,  with  the  right  to  summon  witnesses  and  compel  the  pro- 
duction of  books  and  papers  upon  process  duly  issued  by  the  City 
Council. 

It  shall  require  a  majority  vote  of  all  the  members  of  the  City  Council, 
which  shall  be  a  matter  of  record,  to  impeach  the  Controller. 

Sec.  2.  DUTIES  OF  THE  CONTROLLER.— It  shall  be  the  duty  of 
the  Controller  to  superintend  and  supervise  the  iiscal  affairs  of  the 
city,  and  to  manage  and  conduct  the  same  as  prescribed  by  this  act. 
He  shall  give  bond  in  such  sum  as  may  be  fixed  by  ordinance,  condi- 
tioned that  he  will  faithfully  and  honestly  perform  and  discharge  the 
duties  of  the  office  as  the  same  are  herein  defined,  or  as  may  be  pre- 
scribed by  ordinances  not  inconsistent  with  the  provisions  of  this  act. 

Sec.  3.  BOOKS  OF  ACCOUNT.— It  shall  be  the  duty  of  the  Con- 
troller to  keep  books  of  account  of  the  City  of  Houston,  and  to  make 
such  financial  reports  and  statements  as  are  provided  by  the  terms  of 
this  act.  His  books  of  account  shall  exhibit  accurate  and  detailed  state- 
ments^; of  all  moneys  recei  .ed  and  expended  for  account  of  ihe  city 
by  all  city  officials  and  other  persons,  and  shall  show  in  detail  the 
property  owned  by  the  city  and  the  income  derived  therefrom. 

He  shall  also  keep  separate  accounts  of  each  and  every  appropriation 
made  by  the  City  Council,  showing  the  date  thereof  and  the  purposes 
for  which  the  same  is  made,  and  shall  show  for  what  each  payment  of 
any  public  money  is  made  and  the  manner  of  making  the  same,  and  to 
whom  same  is  made. 

He  shall  keep  a  separate  account  with  each  department  of  the  city 
government,  and  also  such  other  accounts  as  may  be  necessary  to  show 
a  complete  financial  statement  of  the  city,  and  he  shall  be  prepared  at 
every  regular  meeting  of  the  City  Council  to  give  such  information 
concerning  the  finances  of  the  city  as  the  Council  may  require. 

All  warrants  or  orders  for  payment  of  any  public  fund  or  moneys 
for  any  purpose  shall  be  signed  by  the  Controller  and  the  Mayor.  No 
warrant  not  signed  by  the  Controller  shall  be  authority  for  the  payment 
of  any  public  funds  w^iatever,  but  the  Controller  shall  in  no  instance, 
unless  the  money  is  in  the  treasury  and  in  the  fund  against  which  it  is 
drawn,  sign  any  warrant  or  order  for  the  payment  of  any  sum  or 
amount  for  any  purpose;  provided,  however,  that  nothing  herein  con- 
tained shall  prevent  the  issue  and  sale  of  w^arrants  to  anticipate  the 
current  revenue  for  any  one  year,  which  said  warrants  shall  bear  such 
rate  of  interest,  not  exceeding  five  per  cent,  as  the  City  Council  by 
ordinance  may  prescribe. 

He  shall  not  sign  any  contract  nor  make  or  execute  any  warrant  or 
order  for  the  payment  of  any  sum  of  money,  unless  the  same  be  legal, 
and  all  prerequisites  and  requirements  shall  have  been  complied  with, 
nor  until  after  an  appropriation  has  been  duly  and  legally  made  there- 
for. 

He  shall,  whenever  deemed  necessary,  require  all  accounts  presented 
to  him  for  settlement  or  payment  to  be  certified  to  by  affidavit,  and  he 
is  hereby  authorized  to  administer  oaths,  with  authority  to  compel  and 
require  persons  to  answer  such  questions  as  may  be  propounded  to  them 


36  Charter  of  the 


touching  the  correctness  of  any  account  or  claim  against  the  city.  He 
shall  require  all  persons  who  shall  have  received  any  moneys  belonging 
to  the  city,  and  not  having  accounted  therefor,  to  settle  their  ac- 
counts, and  it  is  hereby  made  his  duty  from  time  to  time  to  require 
all  persons  receiving  moneys,  or  having  the  disposition  or  management 
of  any  property  of  the  city  of  which  an  account  is  kept  in  his  office,  to 
render  statements  thereof  to  him;  provided,  that  no  warrant  or  order 
shall  ever  be  issued  in  favor  of  any  person  or  corporation,  or  to  the  as- 
signee or  agent  of  any  person  indebted  in  any  manner  for  taxes  or  other- 
wise to  the  city,  unless  such  debt  so  due  and  owing  to  the  city  be  paid. 

No  disbursing  officer  of  the  city,  nor  any  one  having  money  in  his 
possession  for  the  account  of  the  city,  shall  pay  the  same  to  any  person 
or  persons  for  the  account  of  the  city,  except  to  the  regularly  desig- 
nated officer  or  custodian  of  the  public  funds  for  the  city,  except  upon 
draft  or  warrant  countersigned  by  the  Controller  of  the  City  of  Hous- 
ton, and  signed  by  the  Mayor;  and  the  Controller  shall  not  countersign 
any  such  draft  or  warrant  until  he  has  audited  and  examined  the  claim 
and  found  the  same  justly  and  legally  due  and  payable,  and  that  the 
payment  has  been  legally  authorized,  and  appropriation  therefor  duly 
made,  and  that  the  appropriation  has  not  been  exhausted. 

Sec.  4.  ANNUAL  REPORT.— The  City  Controller  shall,  on  or  before 
the  fifteenth  day  of  March  in  each  year,  prepare  and  transmit  to  the 
City  Council  a  report  of  the  financial  transactions  of  the  city  during  the 
fiscal  year  ending  the  last  day  of  February  next  preceding,  and  of 
its  financial  condition  on  the  said  last  named  day  in  February.  The 
report  shall  contain  an  accurate  statement  in  summarized  form  and  also 
in  detail  of  the  financial  receipts  of  the  city  from  all  sources  and  the 
expenditures  of  the  city  for  all  purposes,  together  with  a  detailed 
statement  of  the  debt  of  said  city,  and  the  purposes  for  which  said  debt 
was  incurred,  and  of  the  property  of  said  city,  and  of  the  accounts  of 
the  city  with  the  grantees  of  franchises. 

In  addition  to  the  annual  statement  herein  required  and  of  the  re- 
ports which  may  be  demanded  by  the  Council  at  any  time,  it  is  espe- 
cially made  the  duty  of  the  Controller  to  be  able  to  show  at  any  time, 
and  certainly  upon  or  immediately  after  the  first  of  each  month,  a  com- 
prehensive and  accurate  statement  of  the  financial  affairs  of  the  City 
of  Houston,  and  if  any  officer  of  any  department  or  any  employe  of 
the  city  shall  fail  to  make  such  stated  or  stipulated  reports  as  and  at 
the  times  required  either  by  the  Mayor  or  the  City  Council,  it  shall 
be  the  duty  of  the  Controller  to  report  such  delinquency  or  failure  to 
the  Mayor,  and  further  to  state  at  any  time  any  carelessness  or  negli- 
gence of  any  officer  or  employe  in  the  making  or  stating  of  reports 
covering  any  matter  within  the  range  of  the  duty  of  said  officer  or 
employe. 

Sec.  5.  RIGHT  TO  EXAMINE  THE  BOOKS  OF  THE  GRANTEES 
OF  PUBLIC  FRANCHISES.— The  City  of  Houston  shall  have  the  right 
to  regulate  the  rates,  fares,  tolls  and  charges  to  be  collected  from  the 
public  by  any  holders,  owners,  operators,  persons  or  incorporations 
enjoying  any  grants  or  franchises  from  the  City  of  Houston,  per- 
taining to  public  utilities,  including  furnishing  of  lights,  water,  tele- 
phones and  street  car  service,  etc.,  pertaining  to  a  public  or  quasi 
public  duty,  and  the  right  and  authority  is  hereby  given  to  the  Mayor 


Cihj  of  Houston  87 


or  to  the  City  Council  to  require  the  City  Controller  or  such  other 
officer  or  employe  as  may  be  designated,  to  examine,  carefully  inspect 
all  of  the  books,  accounts,  papers  and  documents,  as  well  as  the  prop- 
erty of  such  persons  or  corporations  using  and  enjoying  any  of  said 
grants  or  franchises  from  the  City  of  Houston  as  above  stated,  and 
to  make  such  reports  of  said  examination  as  required  by  the  Mayor 
or  City  Council,  when  deemed  necessary,  for  the  following  purposes: 

1.  When  such  franchise  or  grant  was  made  upon  the  consideration 
and  agreement  that  the  City  of  Houston  should  receive  a  per  cent,  or 
portion  of  the  revenue  derived  from  the  use  of  said  grant  or  franchise. 

2.  When  the  persons  or  corporations  above  referred  to  have  listed 
their  property  for  taxation  at  a  valuation  deemed  by  the  City  Council 
or  the  Mayor  to  be  below  its  actual  value,  or  fails  to  list  the  same 
for  taxation. 

?,.  When  the  City  Council  desires  to  fix  the  rates,  fares,  tolls 
and  charges  which  said  persons  or  corporations  above  described  shall 
charge  the  public  for  water,  lights,  transportation  or  other  services 
rendered  or  furnished  under  the  franchises  granted  to  it  or  them 
by  the  City  of  Houston,  and  the  information  is  desired  or  deemed 
necessary  by  the  Mayor  or  City  Council  as  a  basis  upon  which  to  fix  a 
proper  rate. 

4.  When  the  Mayor  or  City  Council  have  directed  the  individuals 
or  corporations  above  specified  to  extend  their  lines  and  service,  or 
to  improve  their  service  in  any  manner  necessary  for  the  public  com- 
fort and  convenience,  or  to  make  improvements  and  betterments  of 
their  property,  and  such  persons  or  corporations  demur  thereto  on 
the  ground  that  the  income  from  their  property  used  under  said  fran- 
chise is  not  sufficient  to  justify  the  same. 

Such  examinations  and  reports  provided  for  in  this  section  are 
for  the  purpose  of  ascertaining  the  value  of  the  property  and  the 
income  derived  from  it,  and  the  reasonable  expense  for  its  operation. 


ARTICLE  IX. 

GENERAL    PROVISIONS. 

Section  1.  ACTIONS  BY  CITIZENS.— Any  citizen  who  is  a  property 
taxpayer  of  the  City  of  Houston  may  maintain  an  action  in  the  proper 
court  to  restrain  the  execution  of  any  illegal,  unauthorized  or  fraudu- 
lent contract  or  agreement  on  behalf  of  said  city,  and  to  restrain  any 
disbursing  officer  of  said  city  from  paying  any  illegal,  unauthorized  or 
fraudulent  bills,  claims  or  demands  against  said  city,  or  any  salaries  or 
compensation  to  any  person  in  its  administrative  service  whose  ap- 
pointment has  not  been  made  in  pursuance  of  the  provisions  of  law 
and  the  regulations  in  force  thereunder.  And  in  case  any  such  illegal, 
unauthorized  or  fraudulent  bills,  claims  or  demands,  or  any  such 
salary  or  compensation,  shall  have  been  paid,  such  citizen  may  main- 
tain an  action  in  the  name  of  said  city  against  the  officer  making  such 
payment  and  the  party  receiving  the  same,  or  either,  or  both,  to  recover 
the  amount  so  paid,  and  such  amount,  after  deducting  all  expenses  of 
the  action  shall  be  paid  into  the.  city  treasury;  provided,  however,  that 


38  Charter  of  the 


the  court  may  require  such  citizen  to  give  security  to  indemnify  the 
city  against  costs  of  court,  unless  the  court  shall  decide  that  there 
was  reasonable  cause  for  bringing  the  action.  The  right  of  any  prop- 
erty taxpayer  of  the  city  to  bring  an  action  to  restrain  the  payment  of 
compensation  to  any  person  appointed  to  or  holding  any  office,  place 
or  employment  in  violation  of  any  of  the  provisions  of  this  act,  shall 
not  be  limited  or  denied  by  reason  of  the  fact  that  said  office,  place  or 
employment  shall  have  been  classified  as,  or  determined  to  be,  not  sub- 
ject to  competitive  examination;  provided,  however,  that  any  judg- 
ment or  injunction  granted  or  made  in  any  such  action  shall  be  pros- 
pective only,  and  shall  not  affect  payments  already  made  or  due  to  such 
persons  by  the  proper  disbursing  officers. 

In  case  of  any  unsatisfied  judgment,  or  any  suit  or  process  of  law 
against  said  city,  any  five  or  more  citizens  who  are  freeholders  of 
said  city  shall,  upon  petition,  accompanied  by  affidavit  that  they  be- 
lieve that  injustice  will  be  done  to  said  city  in  said  suit  or  judgment,  be 
permitted  to  intervene  and  inquire  into  the  validity  of  said  judgment, 
or  defend  said  suit  or  action  as  fully  and  completely  as  the  officers  of 
said  city  would  by  law  have  the  right  to  do. 

Sec.  2.  ELECTIONS.— That  in  each  voting  precinct  of  the  city,  as 
the  same  may  be  legally  defined,  shall  be  established  and  arranged  at 
least  one  voting  place,  and  where  two  or  more  voting  places  are  estab- 
lished, they  shall  be  so  located  as  to  be  most  convenient  to  the  greatest 
number  of  voters,  with  a  distinct  set  of  election  officers,  ballot  boxes 
and  registration  books  for  each  voting  place;  provided,  the  voter  shall 
vote  in  the  district  or  precinct  of  his  residence. 

The  City  Council  shall  make  all  necessary  regulations  concerning  elec- 
tions; the  manner  and  method  of  holding  the  same.  Such  regulations, 
however,  shall  be  in  keeping  with  the  provisions  of  this  act,  and  shall 
be  in  keeping  with  and  consistent  with  the  provisions  of  the  State 
law  applicable  to  elections  in  municipalities,  in  so  far  as  the  same  may 
be  practicable,  and  the  City  Council  shall  provide  for  the  examination 
and  counting  of  the  returns  of  elections,  declarations  of  the  result 
thereof  and  the  issuance  of  proper  certificates  to  the  successful  candi- 
dates; and  it  is  hereby  made  the  duty  of  the  Council  to  examine  and 
count  the  returns  at  its  first  regular  meeting  after  the  election 
shall  be  held,  or  if  no  regular  meeting  shall  be  held  within  one 
week  after  an  election  is  held,  it  is  hereby  made  the  duty  of  the  Mayor 
to  call  a  special  meeting  of  the  Council  for  the  purpose  of  counting  the 
vote  and  determining  the  result  of  the  election  within  one  week  after 
the  election  is  held,  and  the  officers  declared  to  be  elected  at  such  elec- 
tion shall  be  entitled  to  qualify  immediately  after  the  declaration  of  the 
result  of  the  election  upon  taking  the  oath  of  office  prescribed  by  law. 

The  City  Council  may,  consistent  with  the  other  provisions  of  this 
act,  and  conforming  to  all  the  provisions  of  the  State  law  regulating 
primary  elections  in  cities  and  towns,  in  so  far  as  the  same  may  be  ap- 
plicable, prescribe  the  manner  and  method  of  holding  primary  elections 
by  all  political  parties  or  political  organizations  of  any  kind  whatso- 
ever, and  to  determine  the  rules  that  shall  obtain  with  respect  to  the 
representation  the  respective  parties  or  candidates  may  be  entitled  to 
at  the  polls;  may  prescribe  an  official  ballot,  official  returns,  etc.,  and 


City  of  Houston  39 


the  expense  of  all  primary  elections  held  for  the  purpose  of  nominat- 
ing candidates  of  any  political  party  or  organization  for  city  officers 
shall  be  borne  and  paid  for  by  the  City  of  Houston. 

Sec.  3.  PETITIONS.— The  petitions  provided  for  in  this  act  need 
not  be  on  paper,  and  may  be  printed  or  written,  but  the  signatures 
thereto  must  be  the  autograph  signatures  of  the  persons  whose  names 
purport  to  be  signed.  To  each  signature  the  house  address  of  the  signer 
must  be  added,  and  the  signature  must  be  made,  acknowledged  or 
proved  before  an  officer  authorized  by  law  to  take  acknowledgments 
and  proof  of  deeds.  The  certificate  of  such  officer  under  his  official 
seal  that  a  signature  was  so  made  and  acknowledged  or  proved  shall 
be  sufficient  proof  of  the  genuineness  of  the  signature  for  the  pur- 
poses of  this  act.  The  signing  of  another's  name,  or  of  a  false  or  ficti- 
tious name,  to  a  petition,  or  the  signing  of  a  certificate  falsely  stating 
either  that  a  signature  was  made  in  presence  of  the  officer  or  acknowl- 
edged or  proved  before  him,  shall  be  punishable  as  a  forgery. 

Sec.  4.  PUBLIC  ACT.— That  this  act  shall  be  deemed  a  public  act, 
and  judicial  notice  shall  be  taken  thereof  in  all  courts. 

Sec.  5.  EXISTING  ORDINANCES.— All  ordinances  of  the  City  of 
Houston,  not  inconsistent  with  the  provisions  of  this  charter,  shall  re- 
main in  full  force  and  effect  until  altered,  amended  or  repealed  by  the 
City  Council;  provided,  that  the  power  to  pass  such  ordinances  under 
former  charters  has  not  been  repealed  expressly  or  impliedly  by 
the  terms  of  this  act. 

Sec.  6.  THE  PRESENT  OFFICERS.— All  elective  officers  elected 
at  the  last  regular  city  election,  except  the  Mayor,  Aldermen  and 
City  Attorney,  unless  sooner  removed  by  the  Mayor  or  City  Council 
for  cause,  shall  retain  their  offices  and  receive  the  pay  at  present 
provided,  until  two  years  have  expired  from  and  after  the  date  of 
their  election  and  qualification  in  April,  1904. 

All  appointive  officers,  or  all  officers  whose  positions  are  created 
by  charter  or  ordinance,  not  elected  by  the  people,  shall  hold  their 
offices  and  continue  in  the  service  of  the  city  subject  to  the  will  and 
pleasure  of  the  Mayor. 

Sec.  7.  PRINTED  ORDINANCES  AS  EVIDENCE.— All  ordinances 
of  the  City  of  Houston  published  in  book  or  pamphlet  form,  and  pur- 
porting to  be  published  "By  Authority  of  the  City  Council  of  the  City 
of  Houston,"  shall  be  received  by  all  the  courts  of  the  State  of  Texas  as 
prima  facie  evidence  of  the  due  passage  and  publication  of  such  ordi- 
nances as  appear  therein;  provided,  that  no  person  shall  be  precluded 
from  showing  by  competent  evidence  that  any  ordinance  published  "By 
Authority  of  the  City  Council  of  the  City  of  Houston,"  as  aforesaid,  is 
not  a  true  copy  of  the  original  ordinance. 

Sec.  8.  CITY  NOT  REQUIRED  TO  GIVE  BOND.— It  shall  not  be 
necessary  in  any  action,  suit  or  proceeding  in  which  the  City  of  Hous- 
ton is  a  party  for  any  bond,  undertaking  or  security  to  be  demanded 
or  executed  by  or  on  behalf  of  said  city  in  any  of  the  State  courts,  but 
all  such  actions,  suits,  appeals  or  proceedings  shall  be  conducted  in 
the  same  manner  as  if  such  bond,  undertaking  or  security  had  been 


40  Charter  of  the 


given  as  required  by  law,  and  said  city  shall  be  just  as  liable  as  if 
security  or  bond  had  been  duly  executed. 

Sec.  9.  PUBLIC  PROPERTY  EXEMPT  FROM  EXECUTION  SALE. 
— The  property,  real  and  personal,  belonging  to  the  City  of  Houston 
shall  not  be  liable  to  be  sold  or  appropriated  under  any  writ  of  execu- 
tion, nor  shall  the  funds  belonging  to  the  city  in  the  hands  of  any 
person  be  liable  to  garnishment,  nor  shall  the  city  or  any  of  its  officers 
or  agents  be  required  to  answer  any  writ  of  garnishment  served  upon  or 
issued  against  it,  and  a  failure  to  do  so  shall  not  entail  any  liability 
upon  the  city,  but  if  the  Mayor  of  the  city  elects  so  to  do,  he  may  an- 
swer in  a  writ  of  garnishment  for  the  city  in  his  discretion. 

Sec.  10.  No  person  shall  be  an  incompetent  judge,  justice,  witness 
or  juror  by  reason  of  his  being  an  inhabitant  or  a  freeholder,  or  a  tax- 
payer of  the  City  of  Houston,  in  any  action  or  proceeding  in  which 
said  city  may  be  a  party  at  interest,  and  all  officers  and  employes  of 
said  city  shall  be  exempt  from  jury  service. 

Sec.  11.  Before  the  City  of  Houston  shall  be  liable  for  damages 
for  personal  injuries  of  any  kind,  the  person  injured  or  some  one  in 
his  behalf  shall  give  the  Mayor  or  City  Council  notice  in  writing  of 
such  injury  within  ninety  days  after  the  same  has  been  sustained, 
stating  in  such  notice  when,  where  and  how  the  injury  occurred,  and 
the  apparent  extent  thereof,  and  the  failure  to  so  notify  the  city 
within  the  time  and  manner  specified  herein  shall  exonerate,  excuse 
and  exempt  the  city  from  any  liability  whatsoever. 

Sec.  12.  LIABILITY  AND  NEGLIGENCE.— The  City  of  Houston 
shall  net  be  liable  to  any  person  for  damages  caused  from  streets,  ways, 
crossings,  bridges,  culverts  or  sidewalks  being  out  of  repair  from 
negligence  of  said  corporation  unless  the  same  shall  have  remained  so 
for  ten  days  after  special  notice  in  writing  given  to  the  Mayor  or 
City  Council. 

Sec.  13.  PLEADING  ORDINANCES.— It  shall  be  sufficient  in  all 
judicial  proceedings  to  plead  any  ordinance  of  the  city  by  caption, 
without  embodying  the  entire  ordinance  in  the  pleading,  and  all  printed 
ordinances  or  codes  of  ordinances  shall  be  admitted  in  evidence  in  any 
suit,  and  shall  have  the  same  force  and  effect  as  the  original  ordi- 
nance.    Certified  copies  of  ordinances  may  also  be  used  in  evidence. 

Sec.  14.  This  act  must  be  deemed  a  public  act  and  judicial  notice 
shall  be  taken  thereof  in  all  courts. 

Sec.  15.  OWNERSHIP  AND  REGULATION  OF  PUBLIC  UTILI- 
TIES.-— The  right  is  hereby  granted  to  the  City  of  Houston  to  acquire 
its  public  utilities,  such  as  gas,  water  and  electric  light  works,  and 
underground,  surface  and  elevated  street  railways,  subways,  or  under- 
ground conduit  systems  for  electric  light,  power,  telephone,  telegraph 
and  other  wires  used  for  the  purpose  of  transmitting  any  electric  ser- 
vice. That  such  utilities  may  be  purchased  by  a  payment  in  cash  of 
twenty-five  percent  of  such  price,  the  balance  in  annual  installments, 
including  interest,  to  be  paid  out  of  the  revenues  of  such  utility,  and 
that  such  works  so  purchased  shall  stand  pledged  as  security  for  the 


City  of  Houston  41 


payment  of  the  amount  due  thereon,  but  that  no  judgment  shall  be 
rendered  against  the  city  upon  any  deferred  note,  requiring  the  city  to 
pay  any  specified  sum  of  money,  but  said  judgment  shall  be  merely  one 
of  foreclosure,  divesting  and  depriving  the  city  of  the  possession  of  the 
property  so  purchased  but  not  paid  for,  in  which  event  the  city  shall 
forfeit  and  lose  only  the  cash  payment  of  twenty-five  per  cent  of  the 
agreed  price,  without  liability  or  judgment  in  any  sum  for  the  unpaid 
purchase  price;  provided,  that  no  purchase  or  expenditure  shall  be 
made  under  this  section,  unless  the  same  shall  first  have  been  submitted 
to  the  vote  of  the  qualified  tax-paying  voters  at  an  election  to  be  held 
exclusively  for  that  purpose. 

And  the  right  is  hereby  expressly  granted  to  the  City  of  Houston  to 
regulate  all  public  utilities  in  said  city  and  to  require  efficienc3^  of 
public  service,  and  to  require  all  persons  or  corporations  to  discharge 
the  duties  and  undertakings  for  the  performance  of  which  the  re- 
spective franchises  were  made. 

Sec.  16.  IMPROVEMENT  DISTRICTS.— The  City  Council  may,  and 
upon  petition  shall,  divide  the  city  or  any  portion  of  the  corporate  ter- 
ritory thereof,  into  "Improvement  Districts,"  clearly  defining  the  limits 
and  boundaries  of  each  district;  and  shall  have  the  right  and  is  hereby 
authorized  to  borrow  money  on  the  credit  of  any  improvement  district 
so  created  in  the  city,  and  issue  bonds  therefor  for  the  purpose  of  con- 
structing and  laying  permanent  sidewalk  improvements  in  such  dis- 
trict, but  every  proposition  to  borrow  money  on  the  credit  of  any 
improvement  district  for  permanent  sidewalk  improvements  therein 
shall  be  submitted  to  the  qualified  tax-paying  voters  living  within 
and  owning  property  in  such  district,  and  shall  distinctly  specify 
the  purpose  for  which  the  loan  is  desired,  and  the  permanent  side- 
walk improvements  proposed  to  be  constructed.  If  said  proposi- 
tion be  sustained  by  a  majority  of  the  votes  cast  in  such  election 
in  such  district,  such  loan  shall  be  lawful.  All  bonds  shall  specify 
for  what  purposes  they  are  issued,  shall  bear  interest  at  a  rate 
not  greater  than  five  per  cent  per  annum,  and,  when  sold,  shall 
net  not  less  than  par  value,  with  accrued  interest  to  date  of  pay- 
ment of  the  proceeds  into  the  city  treasury,  and  such  bonds  may 
be  negotiated  in  lots,  as  the  City  Council  may  direct.  No  debts 
shall  be  contracted  for  the  payment  whereof  such  bonds  are  issued 
until  such  bonds  shall  have  been  disposed  of,  and  no  debts  shall 
ever  be  created  against  any  such  improvement  district,  unless  at 
the  same  time  provision  be  made  to  assess  and  collect  annually  upon 
the  property  in  such  improvement  district  a  sum  sufficient  to  pay 
the  interest  on  such  bonds  and  create  a  sinking  fund  of  at  least  two 
per  cent  thereon.  The  interest  and  sinking  fund  tax  Avhich  shall  be 
collected  annually  from  the  property  in  such  improvement  district  for 
such  bonds  shall  be  in  addition  to  the  other  current  taxes,  levied  by  the 
city,  never  exceed  twenty-five  cents  on  the  one  hundred  dollars  ap- 
praised valuation  of  property  in  said  district,  and  shall  be  kept  sepa- 
rate by  the  city  from  other  funds,  and  shall  not  be  diverted  or  used 
for  any  other  purpose  than  to  pay  interest  and  principal  on  such  bonds, 
and  the  City  Controller  shall  sign  no  draft  or  warrant  on  said  fund, 
except  to  pay  the  interest  and  redeem  the  bonds  for  which  it  was  pro- 
vided. The  sinking  fund  for  such  bonds  shall  be  invested  as  provided 
in    Section    1,    Article    IV   of   this    Charter,    or    in    bonds   of   such    im- 


42  CJiarier 


provement  district.  The  tax  levied  for  interest  and  sinking  fund  for 
bonds  issued  for  permanent  sidewallv  improvements  in  any  district 
shall  not  exceed  twenty-flve  cents  on  the  one  hundred  dollars  valua- 
tion annually;  provided,  however,  that  all  property  situated  w^ithin 
any  improvement  district  which  may  be  created  under  the  authority 
of  this  section  shall  participate  to  its  full  extent  in,  and  be  equally 
improved  in  its  just  proportion  by  said  sidewalk  improvements. 

Sec.  17.  The  present  Mayor,  City  Attorney  and  members  of  the  City 
Council,  as  composed  under  the  Charter  of  1903,  shall  continue  to  serve 
and  receive  the  pay  provided  for  at  the  time  of  their  election,  until 
the  next  city  election  held  as  hereinafter  provided  in  this  act,  and 
until  the  qnalilication  of  the  officers  elected  at  said  election,  and  shall 
temporarily  exercise  the  powers  and  be  subject  to  the  limitations  in 
this  charter  contained.  All  other  elective  officers  elected  at  the  last 
city  election,  unless  sooner  removed  for  cause,  shall  retain  tlieir  offices 
and  receive  the  pay  at  present  provided  for  said  officers,  until  the  ex- 
piration of  two  years  from  and  after  their  election  and  qualification 
in  April,  1904. 

It  shall  be  the  duty  of  the  Mayor  within  forty  days  after  this  act 
becomes  a  law,  or  as  soon  thereafter  as  practicable,  to  order  an  elec- 
tion by  giving  twenty  days'  notice  thereof,  at  which  election  a  Mayor 
and  four  Aldermen  shall  be  elected  at  large  in  said  city;  or  if  for  any 
reason  the  Mayor  fails  to  make  said  call  for  said  election  within  a 
reasonable  time  it  shall  be  the  duty  of  the  City  Council,  by  a  majority 
vote  thereof,  to  issue  said  call  for  said  election  by  giving  twenty  days' 
notice  thereof.  Said  election  shall  be  held  as  provided  for  herein,  and 
the  Mayor  and  four  Aldermen  so  elected  at  said  election  shall  hold  their 
respective  offices  until  the  second  Monday  in  April,  1907,  or  until  their 
successors  are  elected  and  qualified. 

There  shall  be  held  on  the  second  Monday  in  April,  1907,  and  every 
two  years  thereafter,  until  otherwise  provided  by  law,  a  regular  elec- 
tion for  a  Mayor  and  four  Aldermen  in  the  City  of  Houston,  who  shall 
perform  the  duties  and  discharge  the  obligations  conferred  and  imposed 
by  the  provisions  of  this  act,  and  who  shall  hold  their  offices  for  two 
years,  or  until  their  successors  are  elected  and  qualified. 

Sec.  18.  Be  it  further  enacted,  that  all  laws  and  parts  of  laws  in 
conflict  herewith,  be  and  the  same  are  hereby  repealed;  and  that 
all  previous  special  acts  granting  or  amending  charters  of  the  City  of 
Houston,  be  especially  repealed. 


INDEX. 


A 

accounts- 
How  kept 

Right  of  Council  or  Mayor  to  investigate 

ACTION  BY  CITIZENS— 

Property   taxpayer   may    restrain   execution   of 

illegal  or  fraudulent  contract 

May  recover  fraudulent  payment  of  salary  or 

bills   

Five  freeholders  may  intervene  in  court  in  name 

of  City 

ALDERMEN— 

Qualification  of  Aldermen 

To  be  elected  by  vote  at  large 

Cannot  hold  other  office  and  receive  compensa- 
tion therefor  

Cannot  be  pecuniarily  interested  in  contract  or 
work  for  City  or  State 

Shall  forfeit  office  if  interested  in  contracts,  and 
may  be  removed  on  action  of  five  citizens  in 
court     

Penalty  for  accepting  bribe 

Vacancy — How^  filled    

Salary   of  Aldermen 

ANIMALS— 

To  require  owners  to  remove  same  when  dead. . 

To  inspect  milch  cows 

May    be   impounded 

May  regulate  being  driven  through  city 

APPOINTIVE  officers- 
How   appointed    

How  removed    


RT. 

Sec. 

Page 

8 

3 

35 

^ 

9 

33 

9 

1 

37 

9 

1 

37 

9 

1 

38 

7 

2 

31 

7 

2 

31 

7 

4 

31 

7 

4 

31 

7 

4 

32 

7 

5 

32 

7 

7 

32 

7 

12 

34 

2 

1.5 

8 

2 

16 

10 

2 

16 

10 

2 

16 

10 

5 

2 

28 

5 

2 

28 

BAKERIES— 

Right  to  regulate  and  prescribe  weight,  quality 
and  price  of  bread 

BAWDY  HOUSES— 

May  be  prohibited  and 


ites  punished. 


16 


16 


10 


Index. 


3 

15 

24 

3 

15 

24 

3 

15 

24 

3 

15 

24 

3 

15 

25 

3 

15 

25 

4 

1 

25 

9 

16 

41 

4 

1 

25 

4 

1 

25 

4 

1 

25 

4 

1 

26 

4 

1 

26 

BOARD  OF  APPRAISEMENT—  Art.     Sec.  Page 

Composed  of  

How  created   

Shall  be  standing  committee  on  taxes 

Right  of  appeal  from  decision  of  board 

Must  conclude  labors  and  file  report  not  later 

than  June  15th 

Must  mail  notice  to  property  owner 

BONDS— 

Authority  to  issue 

Authority  to  issue  in  improvement  districts. . .  . 

Amount  and  purpose  for  which  issued 

Qualified   voters   at  election 

Must  not  be  sold  for  less  than  par,  nor  bear 

more  than  5  per  cent,  interest 

To  provide  interest  and  sinking  fund 

Penalty  for  use  of  funds  other  than  specified.  . 

BUDGET— 

When  submitted    6  8         30 

BUFFALO  BAYOU— 

Council  may  secure  land  and  extend  limits  to 
Harrisburg    

May  tax  property  along  bayou 

Council  may  construct  wharves  and  docks... 
Council  may  provide  for  purification  of  water. 

BUTCHERS— 

City  may  regulate 2         15 


CEMETERIES  AND  CREMATORIES— 

Council  has  power  to  regulate,  close  and  con- 
demn             2         15 

CHARITIES  AND  CORRECTIONS— 

City  may  establish  and  maintain 2         11 

CITY  COUNCIL;    ITS  POWERS— 

How    composed    

Rules   of    

May  remove  Aldermen 

Meetings   of 

Quorum   of    

Shall  be  in  continuous  session 

Shall  sit  with  open  doors 

Can  act  only  by  ordinance,  resolution  or  motion 

Ayes  and  nays  shall  be  recorded 

May    establish    municipal    office    and    appoint 

official  and  fix  salary 

Shall  require  officers  to  give  bond 


4 

2 

26 

4 

2 

26 

2 

9 

5 

2 

15 

8 

7 

1 

31 

7 

5 

32 

7 

12 

34 

7 

6 

32 

7 

6 

32 

7 

11 

34 

7 

6 

32 

7 

6 

32 

7 

6 

32 

7 

8 

33 

7 

8 

33 

Index. 


7 

10 

33 

7 

10 

34 

7 

10 

34 

8 

1 

35 

9  ' 

■   2 

38 

2 

lo 

2 

15 

2 

15 

2 

15 

2 

15 

2 

15 

CITY  COUNCIL;     ITS  POWERS— Continued.  Art.     Sec.  Page 

Shall  Investigate  all  departments  of  city  and 
have  power  to  compel  witnesses  to  produce 
books  and  testify 7  9        33 

Shall  make  appropriations  for  various  depart- 
ments in  April  each  year 7         10         33 

Shall  make  appropriations  for  contingent  pur- 
poses     

Shall  create  sinking  and  interest  fund 

Shall  not  exceed  estimated  available  resources 

Majority  vote  required  to  impeach  Controller. . 

Shall  canvass  election  returns 

Shall  prescribe  manner  of  holding  primary  elec- 
tions     

To  regulate  butchers,  and  the  selling  of  vege- 
tables, fish,   etc 

May  require  foodstuffs  to  be  inspected  and  con- 
demned     

May  regulate  removal  of  night  soil 

Penalties  for  failure  to  remove  night  soil 

To  provide  for  destruction  of  unwholesome 
matter    

To  require  owners  to  remove  dead  animals.  .  .  . 

To  regulate  burial  grounds,  crematories,  etc.  .. 

May  commute  fines  by  labor  in  work  house  or 
rock  pile    

May  establish  and  regulate  charities  and  cor- 
rections     

To  provide  for  destruction  of  infected  clothing, 
bedding,    etc 

To  improve  and  preserve  purity  of  water  in 
Buffalo    Bayou    

To  establish  and  maintain  Police  Department.  . 

To  regulate  theatres,  dance  houses,  etc 

To  regulate  saloons  and  close  variety  theaters.  . 

To  prohibit  bawdy  houses  and  suppress  assigna- 
tion houses   

To  inspect  weights  and  measures 

To  regulate  draymen,  hack  drivers,  baggage 
wagons  and  to  preserve  order  at  depots.  . .  . 

To  establish  maximum  rates  of  hacks  and  pub- 
lic conveyances   

To  fix  public  stands  for  hacks,  drays,  etc 

To  suppress  gambling  houses  and  selling  of 
lottery  tickets    

To  regulate  bakeries  and  prescribe  weight  and 
price  of  bread 

To  provide  for  inspection  of  milch  cattle 

To  establish  pounds  and  prohibit  running  at 
large  of  stock 

To  tax  dogs 

To  prohibit  rolling  of  hoops,  flying  of  kites, 
and  firing  of  fire-crackers 

To  prohibit  ringing  of  bells  or  noises  on  streets 


2 

15 

8 

2 

16 

9 

2 

16 

9 

2 

16 

9 

2 

16 

9 

2 

16 

9 

2 

16 

9 

2 

16 

9 

2 

16 

9 

2 

16 

9 

2 

16 

10 

2 

16 

10 

2 

16 

10 

2 

16 

10 

2 

16 

10 

2 

16 

10 

Index. 


Sec. 

Page 

16 

10 

16 

10 

16 

10 

16 

10 

16 

10 

16 

16 

16 

16 

16 

16 

17 

CITY  COUNCIL;   ITS  POWERS— Continued.  Aki 

To  prohibit  soliciting  of  alms 2 

To  prohibit  blowing  of  whistles  and  regulate 

speed  of  railway  engines 2 

To  regulate  driving  of  cattle  through  city....         2 
To  prevent  trespass  and  breach  of  the  peace . .         2 

To  prevent  immoral  theaters 2 

To  require  abandoned  railway  tracks  to  be  re- 
moved          2         16         10 

To  prohibit  horse  racing  and  immoderate  driv- 
ing             2 

To  regulate  automobiles 2 

To  prohibit  abuse  of  animals 2 

To  compel  hitching  of  animals 2 

To  restrain  vagrants,  prostitutes,  etc 2 

To  regulate  sale  of  cocaine,  morphine,  etc....         2 

To  grant  franchises 2 

May  inspect  books  of  corporations  holding  fran- 
chises             2         17         12 

May  examine  books  of  grantees  of  franchises 

for   purpose   of  fixing   rates S  5         36 

May  grant  sidetrack  and  switching   privileges 

to  industrial  plants 2         IS         13 

May  license  and  tax  peddlers,  auctioneers,  thea- 
ters, exhibitions,  circuses,  billiard  tables, 
ten  pin  alleys,  public  carriers,  dram  shops, 

etc 3  7         17 

Duty  to  institute  suit  for  back  taxes,  one  year 

after  charter  becomes  effective 3  8         18 

Shall    fine    person    employed    for    collection    of 

taxes  for  neglect  of  duty 3  8         18 

May  receive  payment  of  taxes  in  advance  and 

allow    interest    3         13         23 

Authority  to  issue  bonds,  purpose  of  issue  and 

amount    4  1         25 

To   provide  for  sinking  fund  and  payment  of 

bonds    4  1         26 

Shall  require  fees  of  Corporation  Court  to  be 

paid   to    city 4 

May  require  street  cars  to  be  vestibuled 4 

May   require   street   cars   to   be   equipped   with 

fenders    4 

May  require  closed  cars  during  December,  Jan- 
uary and   February 4 

Shall  fix  compensation  of  appointed  officers.  ...         -5 

May  remove  appointive  officers .5 

May  overrule  veto  of  Mayor 6 

Judge  of  election  of  members 7 

CITY  LIMITS— 

Territory  embraced   in 1  2  1 

CITY  OF  HOUSTON— 

Corporate    name    1  1  1 

Platting  of   property 1  3  1 


3 

26 

5 

27 

5 

27 

5 

27 

1 

28 

2 

28 

6 

30 

3 

31 

Index. 


CITY  OF  HOVSTOX—Contivued. 

Corporate  powers    

Power  to  enact  and  enforce  ordinances 

Real  estate,  etc.,  owned  by 

Street  powers  

May  own  or  buy  waterworks 

May  own  or  buy  electric  light  plants 

May  own  or  buy  street  railways 

Duty  to   regulate  disposition  of  sewage,  waste 

water,    garbage,    etc 

Not  required  to  give  bond 

COCAINE— 

Right  to  regulate  and  control  sale  of  same.  . .  . 
CONTRACTS— 

Shall  not  be  let  unless  an  appropriation  has 
been  made  therefor,  or  in  excess  of  appro- 
priation     

Personal  services  restricted  to  particular  work 

For  supplies  restricted  to  ninety  days 

For  over  $1000.00  must  be  on  specifications  and 
submitted  to  competitive  bids 

Become  void  if  city  official  is  interested 

CONTROLLER— 

Manner   of   election 

Duties  of   

Shall   make   reports 

Shall  sign  all  warrants  for  money 

May   require  affidavit   to  accounts 

Shall  require   indebtedness  to  City  to  be  paid 

before  issuing  warrant 

Shall  audit  and  approve  claim  before   issuing 

warrant    

Shall  make  annual  report 

Must  keep  separate  accounts  of  each  department 

CORPORATION  COURT— 

Powers  and  duties  of 

Appointment  and  term  of  Judge 

Clerk — How   appointed    

Duties  of  Clerk 

Rewards  and  fees  of  officers  payable  to  city.  .  . 
Disability  or  absence  of  Judge 


Akt. 

2 
2 
2 


Sec.  Pagk 

1  1 

2  2 

3  2 


11 


2 

19 

13 

2 

19 

13 

2 

19 

13 

2 

19 

13 

' 

4 

31 

8 

1 

34 

8 

2 

35 

8 

3 

35 

8 

3 

35 

8 

3 

35 

8 

3 

36 

8 

3 

36 

8 

4 

36 

8 

3 

35 

2 

13 

5 

2 

13 

6 

2 

13 

6 

2 

13 

6 

4 

3 

26 

6 

7 

30 

D 

DAMAGES;   LIABILITY  FOR— 

Must  give  notice  in  writing  within  ninety  days 

before  City  is  liable 

Liability   and   negligence   in    repair   of   streets 
and  bridges  

DEPARTMENTS— 

Heads    of    departments    shall    make    report    to 
Mayor    


33 


Index. 


DOGS—  Art 

Runnine;  at  large  prohibited 2 

E 
ELECTIVE  OFFICERS— 

Those  who  are  elected  by  popular  vote 5 

Those  elected  at  last  election 9 

Present  officers    9 

F 
FIRE  DEPARTMENT— 

City  has  right  to  regulate  and  maintain 2 

FIRE  LIMITS— 

City  has  right  to  define  fire  limits 2 

FIRE-PROOF  ROOFING- 

City  has  right  to  fix  limits 2 

franchises- 
How  granted  and  limit  of  time  of  grant 2 

Ordinance  granting  must  be  read  at  three  meet- 
ings of  Council . 2 

I\lust  be  submitted  to  qualified  voters ,        2 

Council  may  inspect  books  of  grantee 2 

Must  provide  for  adequate  compensation  or  con- 
sideration            2 

G 

GAMBLING  HOUSE— 

Right  to  suppress 2 

GENERAL    ELECTION— 

Voting  precincts;  where  located 9 

Council  to  canvas  and  count  returns 9 

Mayor  must  call  within  forty  days  after  Char- 
ter becomes  law 9 

Shall  be  held  every  two  years 9 

Council  to  make  all  necessary  regulations  con- 
cerning            9 

I 

IMPROVEMENT   DISTRICTS— 

May  divide  city  into 9 

May  issue  bonds  for 9 

May  levy  additonal  tax 9 

Must  submit  to  vote  of  district 9 

L 
LOTTERY  TICKETS— 

Right  to  suppress  sale  of 2 


Sec.  Page 
16    10 


16 


17  11 

18  12 
17    12 


11 


2 

38 

2 

38 

-7 

42 

7 

42 

38 


16  41 

16  41 

16  41 

16  41 


Index. 


MARKETS  AND  ABBATOIRS—  Art.     Sec.  Page 

City  has  right  to  regulate 

City  has  right  to  operate  and  maintain 

MAYOR— 

Qualification  of  Mayor 

Term  of  office  of  Mayor 

Disability  of  Mayor 

Death,  resignation  or  permanent  disability  of 
Mayor   

Impeachment   of   Mayor 

Veto  power  of  Mayor 

General   power  of  Mayor 

Salary  of  Mayor 

May  remove   appointive  official 

Has  power  to  investigate  departments 

Shall  recommend  to  Council  departmental  esti- 
mates   

Shall  sign  all  warrants  for  money 


2 

10 

5 

2 

10 

5 

6 

1 

28 

6 

1 

28 

6 

3 

29 

6 

4 

29 

6 

•5 

29 

6 

6 

29 

6 

7 

30 

6 

9 

30 

7 

8 

33 

' 

9 

33 

7 

10 

34 

8 

3 

35 

9 

5 

39 

9 

7 

■  39 

9 

13 

40 

2 

17 

11 

o 

OCCUPATION  TAX  AND  LICENSE— 

City  has  right  to  levy  and  collect 

ORDINANCES— 

Fines  for  violation 

Not  inconsistent  with  Charter  to  remain  in  full 
force    

Printed  ordinances  prima  facie  evidence 

Pleading  ordinances  

Granting  franchises  must  be  published 

No  ordinances  shall  be  passed  on  date  intro- 
duced, unless  in  case  of  public  emergency.  . 


P 
PETITIONS— 

Petitions  by  citizens;  how  made 9  3         39 

Affidavit  to  signature  must  be  made 9  3        •39 

POLL  TAX— 

Those  liable  for 3  1         15 

PRIMARY  ELECTION— 

Council  to  prescribe  manner  of  holding 9  2         38 

Rules   governing   same 5  1         28 

PROPERTY— 

Public  property  exempt  from  execution 9  9         40 

PUBLIC  ACT— 

Charter  so  recognized 9  4         39 

Charter  so  recognized 9         14         40 


Index. 


2 

18 

12 

2 

17 

11 

9 

15 

41 

PUBLIC  UTILITIES—  Art.  Sec.  Page 

City's  right  to  acquire 9  15         40 

Character  of  utilities  may  acquire 9  15         40 

How  payment  shall  be  made 9  15         40 

Must  be  sumbitted  to  taxpaying  voters 9  15         41 

Right  to  regulate v  15         41 


R 

REFERENDUM— 

To  be  left  to  popular  vote 

Optional  with  City  Council 

To  purchase  public  utilties 

REMOVAL  FROM  OFFICE— 

Mayor  may  remove  officer 6  7         30 

Employe  or  officer  may  be   removed   if   inter- 

'ested  in  contracts 7  4         32 

May  be  removed  and  office  abolished 7  8         33 

REPEALING   CLAUSE— 

All  laws  and  Charters  in  conflict  herewith  re- 
pealed             9         17         42 

s 

SCHOOLS— 

City  of  Houston  independent  school  district.  ...         2         14  6 

City  of  Houston  has  power  to  collect  taxes  and 

appropriate  funds   

City  has  control  of 

School    Trustees — How   apointed,   terms    of   ol- 

fice, '  etc 

Right  of  Mayor  to  veto  pecuniary  liability.  . .  . 
Board  may  pass  resolutions  over  Mayor's  veto. 
Appropriation  of  funds  not  effective  for  ten  days 

Custodian    of    funds 

How  funds  are  to  be  paid  out 

Duty  of  board  to  make  financial  statements.  .  .  . 

School  board  to  receive  no  pay 

School  board  cannot  buy  or  sell  warrants 

SIDEWALKS— 

May  require  property  owner  to  build 

City  may  build  and  recover  personal  judgment 

STATE  LAWS— 

City  agent  for  State  in  enforcement 4  3         26 

STORAGE  OF  LUMBER,  ETC.— 

City  has  right  to  regulate 2  8  5 

STREET  RAILWAYS— 

Must  keep  streets  and  bridges  in  repair 2  '        5  3 

City  to  regulate  speed 2  5  3 

Liability  for  paving 2  5  3 


2 

14 

6 

2 

14 

6 

2 

14 

6 

2 

14 

7 

2 

14 

7 

2 

14 

7 

2 

14 

7 

2 

14 

7 

2 

14 

7 

2 

14 

7 

2 

14 

^ 

4 

4 

27 

4 

4 

27 

Index. 


STREET  RAILWAYS— Co«tint/e(Z.  Art.     Sec.  Page 

City's  right  to  require  transfer 2           5           3 

City  may  regulate  fares 2           6           4 

Penalties  for  failure  to  give  transfer 2           6           4 

City  may  buy  or  construct 2           7           4 

Council  may  require  cars  to  be  vestibuled 4           5         27 

Council  may  require  cars  to  be  equipped  with 

fenders    4           5         27 

Council  may  require  closed  cars 4           5         27 

City  may  regulate 9         15         40 

T 
TAXES— 

Council  may  levy,  assess  and  collect 3           1         14 

Not  to  exceed  2  per  cent 3           1         14 

Special  tax  in  improvement  district  not  to  ex- 
ceed 25  cents 3          1        15 

Failure  to  pass  levying  ordinance  will  not  in- 
validate collection  3 

Council  may  determine  when  payable 3 

Poll  tax,  $1.00  annually 3 

All  property,  real,  personal  and  mixed,  liable..  3 

Personal  property  may  be  levied  on 3 

A  lien  on  property 3 

Must  be  assessed  by  owner 3 

Assessor  and  Collector  may  assess  when  owner 

fails  or  refuses 3 

Definition  of  property 3 

Council  may  prescribe  when  assessments  shall 
be  made,  and  regulate  method  of  making  in- 
ventories      3 

Payable  at  office  of  Assessor  and  Collector.  ...  3 
Payable  in  current  money  of  the  United  States  3 
Licenses  and  occupation  taxes  payable  to  As- 
sessor and  Collector 3 

Due  from  1875  up,  collectible  by  suit 3 

May  recover  personal  judgment 3 

Foreclosure  and  sale  by  Sheriff  to  satisfy  taxes 

and  costs  3 

Attorney's  fees  of  5  per  cent,  added  to  costs  of 

suit    3 

Assessor's  rolls  prima  facie  evidence 3 

Deeds  of  Assessor  and  Collector  from  1890  to 

1894  prima  facie  evidence 3 

Due  January  1st  of  every  year 3 

No  authority  to  remit,  discount  or  compromise  3 

Delinquent  roll  to  be  published  in  newspaper.  .  3 
Sales  made  by  Assessor  and  Collector  must  be 

confirmed  by  Council 3 

City  may  become  purchaser  at  sale 3 

Failure  to   prepare  delinquent   roll   or   publish 

same  does  not  affect  liability 3 

State  or  City  may  intervene 3 


1 

15 

1 

15 

1 

15 

2 

15 

2 

15 

2 

15 

4 

16 

5 

16 

4 

16 

5 

16 

5 

16 

6 

17 

7 

17 

8 

18 

8 

18 

8 

19 

8 

19 

9 

20 

9 

20 

10 

20 

10 

20 

11 

20 

11 

20 

11 

21 

11 

21 

11 

22 

X  Index. 


3 

12 

22 

3 

12 

23 

3 

12 

23 

3 

13 

23 

3 

14 

24 

9 

16 

41 

TAXES — Continued.  Art.     Sec.  Page 

Delinquent  roll  must  be  finished  by  last  of 
February  

Delinquent  roll  published  in  March  once  a 
week  for  four  weeks 

Owner  may  demand  written  statement  of  taxes 
due 

May  receive  payment  in  advance  and  allow  in- 
terest   

Abbreviations  and  enors  in  description  does 
not  invalidate  

Additional  may  be  collected  in  improvement 
districts    


V 

VAGRANTS— 

Right  to  punish , 2         16         11 

VARIETY  THEATERS— 

Right  to  regulate  and  close 2         16         10 

w 

WHARVES   AND   DOCKS— 

City  may  buy  or  construct 

City  may  regulate  use  of 

WATERWORKS— 

City  may  buy  or  construct 

Right  to  regulate 

WEIGHTS  AND  MEASURES— 

Right  to  regulate  and  inspect 2         16 


2 

9 

5 

2 

9 

5 

2 

7 

4 

9 

15 

40 

't7 


MEMPHIS 
CHARTER 


Amendment  to  the 
Charter  of  the  City 
of  Memphis,  Tennes- 
see, being  Senate  Bill 
No.  574,  Chapter 
298,  Acts  of  the 
Legislature,  Year — 


Nineteen  Hundred  &  Nine 


PAUL  &  DOUGLASS  CO. 


Population    of    Mempbls.  (^  ^gj^yOjjC^^ 

Memphis.    Tenn.,    has    a    Populat_io._^>^    ^^I^T^ 
131  KC      This    is   au    iiicieasp    ot    _b,<f^3,  I  *f  I 

m  2S  1  i>«r  cent,  over  102,320  in  1900. 

Bu' 


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CHAPTER  298 

Senate  Bill  No.  574. 

AN  ACT  to  be  entitled  An  Act  to  amend  an  Act  en- 
titled ''A  Bill  to  establish  the  Taxing  Districts  in 
this  State  and  to  provide  means  of  local  govern- 
ment for  the  same,"  being  Chapter  11,  of  the  Acts 
of  1879,  and  all  amendatory  Acts  thereof,  consti- 
tuting the  present  charter  of  the  city  of  Memphis 
so  as:  (1)  To  change  the  name  of  the  Board  of 
Fire  and  Police  Commissioners  to  the  "Board  of 
Commissioners  of  the  City  of  Memphis;"  and  to 
provide  for  the  qualification,  election  of  the  mem- 
bers of  the  same,  and  to  provide  for  the  member- 
ship of  the  said  Commission  upon  the  taking  ef- 
fect of  this  Act.  (2)  To  abolish  the  Board  of 
Public  Works,  and  to  provide  for  the  exercise  and 
discharge  of  the  powers  and  duties  heretofore 
vested  in  and  devolved  upon  that  Board  by  the 
said  Board  of  Commissioners.  (3)  To  more  fully 
set  out  and  define  the  powers  and  duties  of  said 
Board  of  Commissioners.  (4)  To  more  fully  set 
out  and  define  the  powers  and  duties  of  the  several 
members  of  the  said  Board  of  Commissioners ;  to 
fix  their  term  of  oiffice  and  their  compensation. 
(5)  To  separate  the  affairs  of  the  city  into  various 
departments,  to  provide  the  scope  and  work  of 
each  department,  and  to  provide  for  the  heads 
thereof.  (6)  To  create  the  office  of  Electric  In- 
spector; and  to  define  his  duties,  term  of  office, 
and  compensation ;  and  to  change  the  name  of  City 
Eegister  to  "City  Clerk."  (7)  To  abolish  the 
Board  of  Health  as  now  constituted,  and  to  pro- 
vide for  the  exercise  and  discharge  of  the  powers 


and  duties  heretofore  vested  in  and  devolved  upon 
that  Board  by  the  Department  of  Health  under  the 
said  Board  of  Commissioners.  (8)  To  provide 
for  the  nomination  and  election  by  said  Board  of 
Commissioners  of  a  Chief  of  the  Police  Depart- 
ment, a  Chief  of  the  Fire  Department,  a  Superin- 
tendent of  the  Health  Department,  a  City  At- 
torney, a  City  Judge,  a  City  Clerk,  a  Clerk  of  the 
City  Court,  a  City  Engineer,  a  City  Marketmaster, 
a  City  Paymaster,  a  City  Chemist,  a  City  Harness- 
maker,  a  Building  Inspector,  a  Plumbing 
Inspector,  a  Boiler  Inspector,  a  Gas  and  Electric 
Light  Inspector,  an  Electric  Inspector,  a  Meat 
Inspector,  an  Inspector  of  Weights  and  Meas- 
ures, a  Collector  of  License  and  Privilege  Taxes, 
a  Veterinary  Surgeon,  a  Wharf  master,  a  Super- 
intendent of  the  City  Hospital,  and  for  the 
appointment  and  removal  of  subordinate  officers 
and  employes,  and  to  prescribe  the  term  of 
office  and  compensation  of  the  incumbent  of  said 
elective  offices.  (9)  To  provide  for  the  fill- 
ing of  vacancies  occurring  in  the  Commission  or 
in  any  municipal  office,  and  for  the  conduct  of 
said  office  whenever  the  regular  incumbent  there- 
of is  temporarily  absent  or  disabled.  (10)  To 
change  the  time  for  the  meeting  of  the  Board  of 
Commissioners,  and  to  provide  for  special  or 
called  meetings.  (11)  To  prescribe  the  method  of 
the  passage  of  all  ordinances  and  resolutions.  (12) 
To  abolish  the  office  of  Street  Commissioners  as 
now  constituted.  (13)  To  provide  for  the  grant- 
ing of  franchises  and  the  issuing  of  bonds,  and  a 
referendum  as  to  all  ordinances  granting  fran- 
chises or  authorizing  a  bond  issue  under  certain  re- 
strictions. (14)  To  provide  for  the  making  and 
execution  of  all  municipal  contracts.    (15)  To  pro- 


vide  for  a  Civil  Service  Commission,  and  for  the 
adoption  and  enforcement  of  a  system  of  civil- 
service  rules.  (16)  To  limit  appeals  from  the 
City  Court,  and  to  prescribe  for  the  remission  of 
fines  in  certain  cases.  (17)  To  make  it  lawful  to 
expend  in  any  one  year  a  greater  amount  of  money 
in  any  department  than  shall  have  been  appro- 
priated for  that  department;  provided,  such  ex- 
cess can  be  made  up  from  a  surplus  in  any  other 
department  or  departments,  and  the  same  to  be 
authorized  by  ordinance  duly  passed.  (18)  To 
change  the  manner  of  selecting  an  Assistant  City 
Attorney;  to  fix  his  compensation  and  prescribe 
his  duties,  and  to  provide  for  his  removal.  (19) 
To  provide  for  uniformity  in  the  time  for  the  ex- 
piration of  the  terms  of  office  of  all  municipal  offi- 
cers, elected  by  the  people,  so  as  to  make  said  term 
expire  on  December  31,  1911,  and  every  four  years 
thereafter. 

Section  1.  Be  it  enacted  by  the  General  Assembly 
of  the  State  of  Tennessee,  That  the  Act  entitled  "A  Memphis 
Bill  to  establish  Taxing  Districts  in  the  State,  and  to  ^"''"■^•^"  *'"• 
provide  the  means  of  local  government  for  the 
same,"  being  Chapter  11  of  the  Acts  of  1879  and  all 
Acts  amendatory  thereof  constituting  the  present 
charter  of  the  city  of  Memphis  be,  and  the  same  are 
hereby,  amended  in  the  manner  and  particulars  and 
to  the  extent  hereinafter  provided. 

Sec.  2.  Be  it  further  enacted,  That  the  name  of 
the  "Board  of  Fire  and  Police  Commissioners"  be,   **»«••«  "^ 

Commis.sioners. 

and  the  same  is,  changed  to  the  "Board  of  Commis- 
sioners of  the  City  of  Memphis. ' '  Said  Board  shall 
consist  as  at  present  of  five  members,  one  of  whom 


shall  be  the  Mayor.  The  first  Board  hereunder  shall 
consist  of  the  four  members  of  the  present  Legisla- 
tive Council  of  the  City  of  Memphis,  whose  terms  ex- 
pire in  November,  1911,  and  of  a  Mayor,  who  shall 
be  elected  by  the  people  of  the  city  of  Memphis  on 
the  first  Thursday  after  the  first  Monday  in  Novem- 
ber, 1909.  The  qualifications  of  said  Mayor  and  of 
the  members  of  said  Board  of  Commissioners  shall 
be  those  now  required  by  Law  for  the  members  of  the 
present  Legislative  Council,  and  the  Mayor  shall 
have  the  additional  qualifications  now  provided  by 
law  for  said  office ;  provided,  however,  that  no  per- 
son shall  be  ineligible  to  said  office  because  of  hav- 
ing heretofore  held  said  office. 

Sec.  3.  Be  it  further  enacted,  That  the  said  Board 
of  Commissioners  shall  have  and  exercise  all  of  the 
powers  and  discharge  all  duties  now  vested  in  and 
imposed  upon  the  present  Board  of  Fire  and  Police 
Commissioners,  the  present  Board  of  Public  Works, 
and  the  present  Legislative  Council,  together  with 
such  other  powers  and  duties  as  are  hereinafter  pre- 
scribed. 


Sec.  4.  Be  it  further  enacted,  That  the  Board  of 
Public  Works  is  hereby  abolished,  and  the  powers 
and  duties  now  vested  in  and  imposed  upon  said 
Board  and  the  several  members  thereof  by  law  are 
hereby  vested  in  and  imposed  upon  the  said  Board 
of  Commissioners  and  the  several  members  thereof 
as  herein  provided. 


Sec.  5.  Be  it  further  enacted,  That  the  Board  of 
Health  as  at  present  constituted  is  hereby  abolished, 
and  in  lieu  thereof  is  established  a  subordinate  de- 
partment to  be  known  as  the  ''Health  Department," 
to  be  under  the  supervision  and  control  of  the  De- 
partment of  Public  Affairs,  which  said  department 
shall  perform  the  duties  and  functions  heretofore 
performed  by  the  Board  of  Health. 

Sec.  6.  Be  it  further  enacted,  That  the  term  of  of- 
fice of  the  Mayor  to  be  elected  under  this  Act  in  No-  Tp^y,,^  ^j 
vember,  1909,  shall  expire  December  31,  1911,  and  Mayor  and 
the  term  of  office  of  the  Mayor  thereafter  shall  be  co^nraiHsion^r^. 
four  years,  and,  to  the  end  that  uniformity  may  pre- 
vail, the  term  of  office  of  the  other  four  Commis- 
sioners composing  the  first  Board  of  Commissioners 
hereunder  is  hereby  extended  to  and  including  De- 
cember 31,  1911.    The  term  of  office  of  all  Commis- 
sioners thereafter  shall  be  four  years.     All  of  said 
Commissioners,  including  the  Mayor,  shall  hold  of- 
fice until  their  respective  successors  are  elected  and 
qualified. 

Sec.  7.  Be  it  further  enacted,  That  the  compensa- 
tion of  the  Mayor  shall  be  six  thousand  dollars  ($6,-  compensatioM  oi 
000)  per  annum,  payable  in  monthly  installments, 
and  that  of  the  other  members  of  said  Board  of  Com- 
missioners shall  be  three  thousand  dollars  ($3,000) 
per  annum,  payable  in  monthly  installments.  No 
member  of  said  Board  of  Commissioners  shall,  di- 
rectly or  indirectly,  receive  any  other  or  greater 
compensation  than  that  just  j^rovided. 


Mayor  and 
Comuiissioner:*. 


6 


CInsKification   of 
DepartmeiLts. 


Officers' 
TerniM    and 
Coinpensation. 


Sec.  8.  Be  it  further  enacted,  That  to  the  end  that 
the  work  of  the  city  government  may  be  classified 
and  arranged  and  more  efficiently  conducted,  there 
is  now  established  the  following  departments,  with 
the  duties  and  powers,  and  made  up  as  hereinafter 
indicated,  viz. : 

1.  The  Department  of  Public  Affairs  and  Health. 

2.  The  Department  of  Fire  and  Police. 

3.  The  Department  of  Streets,  Bridges  and  Sew- 
ers. 

4.  The  Department  of  Accounts,.  Finances,  and 
Revenues. 

5.  The  Department  of  Public  Utilities,  Grounds, 
and  Buildings. 

Sec.  9.  5e  it  further  enacted,  That  at  the  first 
meeting  of  the  said  Board  of  Commissioners  or  at 
some  meeting  within  thirty  days  thereafter  there 
shall  be  elected  by  said  Board  the  following  officers, 
whose  terms  of  office  and  whose  annual  compensa- 
tion (payable  in  monthly  installments)  shall  be  as 
herein  indicated,  as  follows  : 

City  Attorney,  two  years,  $3,600. 
City  Judge,  two  years,  $2,500. 
City  Engineer,  two  years,  $3,000. 
City  Clerk,  two  years,  $3,000. 
Chief  of  Police,  one  j^ear,  $2,700. 
Chief  of  Fire  Department,  one  year,  $2,700. 
City  Paymaster,  two  years,  $2,000. 
City  Chemist,  one  year,  $2,400. 
Superintendent  of  Health  Department,  two  years, 
$3,000. 


Clerk  of  City  Court,  one  year,  $1,800. 

City  Plumbing  Inspector,  one  year,  $1,500. 

City  Meat  Inspector,  one  year,  $1,500. 

City  Boiler  Inspector,  one  year,  $1,680. 

Collector  of  License  and  Privilege  Taxes,  one 
year,  $1,500. 

AVliarfmaster,  one  year,  $1,500. 

Marketmaster,  one  year,  $1,200. 

City  Veterinary  Surgeon,  one  year,  $1,200. 

Gas  and  Electric  Light  Inspector,  one  year,  $1,500. 

City  Harnessmaker,  one  year,  $1,200. 

Inspector  of  Weights  and  Measures,  one  year, 
$1,800. 

Superintendent  of  City  Hospital,  one  year,  $1,500. 

Electric  Inspector,  one  year,  $2,000. 

Building  Inspector,  one  year,  $2,500. 

Provided,  that  none  of  the  said  officers  shall  be 
paid  or  shall  receive,  directly  or  indirectly,  any  fur- 
ther or  greater  compensation  than  that  above  de- 
scribed; and,  provided,  further,  howerer,  that  the 
Board  of  Commissioners  by  proper  ordinance  may 
increase  the  salary  of  the  City  Engineer  to  a  sum  not 
to  exceed  five  thousand  dollars  ($5,000)  per  annum. 

Sec.  10.  Be  it  further  enacted,  That  no  Commis- 
sioner or  officer  herein  named  shall  demand  or  re- 
ceive in  any  manner  or  form  any  greater  compensa- 
tion than  provided  for  herein,  and  that  it  shall  be  a 
felony  for  a  Mayor,  any  Commissioner  of  the  city  of 
Memphis,  any  Park  or  Water  Department  Commis- 
sioner, any  Civil  Service  Commissioner,  any  elec- 
tive, appointee,  or  subordinate  officer,  any  employe, 


8 

or  any  one  connected  with  the  government  of  the 
city  of  Memphis  in  any  manner  to  accept  any  moneys 
or  gifts  of  any  character  whatever  other  than  that 
stipulated  for  performing  the  duties  of  their  office. 
For  any  violation  of  the  above  and  conviction  there- 
of he  shall  be  guilty  of  a  felony  and  imprisoned  in 
the  State  penitentiary  for  not  less  than  one  year  nor 
more  than  five  years. 

Sec.  11.  Be  it  further  enacted,  That  the  Mayor 
Jurisdiction  and  sliall  bc  at  the  head  and  have  charge  of  the  Depart- 
Duties  of  Mayor,  meut  of  Public  Affairs  and  Health;  within  the  scope 
of  this  department  shall  be  the  general  supervisor 
of  all  the  affairs  of  the  municipality ;  the  office  of  the 
City  Attorney,  and  matters  pertaining  thereto;  the 
offices  of  City  Judge  and  City  Court  Clerks,  and  all 
matters  pertaining  thereto;  the  office  of  the  City 
Clerk,  and  matters  pertaining  thereto ;  the  office  of 
Superintendent  of  the  Health  Department,  and  mat- 
ters pertaining  thereto,  including  the  City  Hospital, 
the  Veterinary  Surgeon,  and  all  matters  properly 
pertaining  to  said  departments ;  the  office  of  the  City 
Pa3"master,  and  matters  pertaining  thereto ;  the  re- 
ceiving and  filing  of  all  reports  of  heads  of  other 
departments  and  reports  from  the  Mayor  as  to  his 
department,  and  to  the  general  condition  of  the  city 
with  respect  to  all  matters  affecting  the  welfare  of 
the  municipality  and  its  citizens.  It  shall  be  the  duty 
of  the  Mayor,  as  the  head  of  this  department,  to 
keep  the  Board  of  Commissioners  from  time  to  time 
advised  as  to  all  matters  affecting  the  general  wel- 
fare of  the  city.     It  shall  also  be  the  duty  of  the 


Department  ot 
Fire    and    Police 


Departnieut  of 


Mayor  to  preside  at  all  meetings  of  the  Board  of 
Commissioners  and  to  appoint  sucli  committees  as 
may  be  provided  for  by  ordinance  or  resolution  of 
the  Board. 

Sec.  12.  Be  it  further  enacted,  That  the  Depart- 
ment of  Fire  and  Police  shall  embrace  the  Fire  De- 
partment and  the  Police  Department,  and  all  mat-  scope  of. 
ters  pertaining  to  such  departments. 

Sec.  13.  Be  it  further  enacted,  That  the  Depart- 
ment of  Streets,  Bridges  and  Sewers  shall  embrace 
everything  heretofore  embraced  in  the  Engineer  streets,  Bridges 
Department,  including  bridges,  streets,  sewers,  sub-  '*•*•*  sewers— 
ways,  sidewalks,  viaducts,  or  new  work  connected 
therewith  of  every  character,  graveling,  repair  work 
of  all  kinds,  city  carpentering,  also  street  sprinkling 
and  cleaning,  together  with  the  stables,  horses, 
mules,  wagons  and  equipment  connected  with  said 
work,  and  also  matters  heretofore  under  the  super- 
vision of  the  Plumbing  Inspector  and  Harnessmaker. 

Sec.  14.  Be  it  further  enacted,  That  the  Depart- 
ment of  Accounts,  Finance  and  Revenue  shall  em-  Department  of 
brace  all  matters  relating  to  the  city  finance  and  rev- 
enue; the  auditing  of  all  bills  in  every  department, 
whether  for  purchasing,  pay  rolls,  or  otherwise;  the  scope  of. 
supervision  and  auditing  of  books  and  accounts  of 
every  department  of  the  city,  together  with  the  su- 
pervision of  matters  relating  to  front-foot  assess- 
ments; within  this  department  shall  also  be  em 
braced  the  Inspector  of  Weights  and  Measures,  and 
the  Collector  of  License  and  Privilege  Taxes,  and  all 
matters  connected  with  this  office. 


Accountdt, 
Finance  anA 


10 


Department  of 
Public  Utilities, 
c; rounds  and 
Buildings — 
Soope  of. 


Qiiestions  of 
Jurisdiction  and 
Uovf  Settled. 


Assignment  of 
Commissioners. 


Sec.  15.  Be  it  further  enacted,  That  the  Depart- 
ment of  Public  Utilities,  Grounds  and  Buildings 
shall  embrace  all  the  affairs  of  the  city  connected 
with  railroads,  street  car  lines,  gas  and  electric  light 
companies,  telephone  and  telegraph  companies,  Wa- 
ter Department,  wharfage  and  AVliarfmaster,  mar- 
ket house  and  Marketmaster.  Within  this  depart- 
ment shall  also  be  embraced  the  Building  Inspector, 
the  Gas  and  Electric  Light  Inspector,  the  Boiler  In- 
spector and  the  Electric  InsiDcctor,  and  all  matters 
connected  with  those  offices.  This  department  shall 
also  embrace  all  public  grounds  and  buildings  and 
public  parks;  provided,  however,  that  nothing  in 
this  Act  shall  be  deemed  to  affect  the  power  and  du- 
ties of  the  Park  Commissioners  of  Memphis  as  the 
same  are  now  prescribed  by  law,  or  the  Water  Com- 
mission. 

Sec.  16.  Be  it  further  enacted.  That  whenever  a 
difference  of  opinion  shall  arise  as  to  what  depart- 
ment embraces  a  particular  work  or  matter,  either 
because  the  same  is  not  herein  specially  provided 
for  or  because  of  the  difference  of  opinion  as  to  the 
proper  construction  of  the  foregoing  sections,  the 
question  shall  be  determined  by  the  Board  of  Com- 
missioners in  regular  session,  and  their  conclusion 
shall  be  final  and  binding. 

Sec.  17.  Be  it  further  enacted.  That  at  the  first 
meeting  of  a  Board  of  Commissioners  hereunder,  or 
within  thirty  days  thereafter,  the  said  Board  of 
Commissioners  shall  assign  one  of  its  members,  not 
the  Mayor,  to  each   of  the  four  departments  last 


11 

above  mentioned,  and  the  said  four  Commissioners 
shall  thereafter  be  known  and  designated,  respect- 
ively, as  a  Commissioner  of  the  Department  of  Fire 
and  Police,  the  Commissioner  of  the  Department  of 
Streets,  Bridges  and  Sewers;  the  Commissioner  of 
the  Department  of  Accounts,  Finance  and  Revenue ; 
the  Commissioner  of  the  Department  of  Public  Util- 
ities, Grounds  and  Buildings.  The  Board  of  Com- 
missioners, however,  shall  have  the  power  by  a  ma- 
jority of  vote  at  any  time  to  change  any  or  all  of  the 
Commissioners,  except  the  Mayor,  from  one  depart- 
ment to  another,  such  change  to  be  made  opera- 
tive by  resolution  duly  passed  by  said  Board,  such 
resolution  to  fix  the  time  when  it  shall  take  effect 
and  to  take  -effect  at  the  time  as  fixed. 

Sec.  18.  Be  it  further  enacted,  That  upon  any  va- 
cancy occurring  in  the  Board  of  Commissioners  by 
a  death,  resignation,  removal,  or  otherwise,  then  the 
remaining  four  Commissioners  shall  have  the  power 
by  majority  of  vote  to  elect  a  Commissioner  to  fill 
such  vacancy,  who  shall  hold  office  for  the  unexpired 
term.  Pending  such  election,  the  Mayor  (or  if  the 
vacancy  be  in  the  office  of  the  Mayor)  then  the  Com- 
missioner of  Department  of  Fire  and  Police  shall 
assume  and  have  charge  of  the  department  over 
which  the  Commissioner  whose  office  has  been  va- 
cated has  charge ;  provided,  that  in  the  event  in  such 
an  election  by  the  Commission  there  shall  be  a  tie 
vote  on  the  question  of  the  election  of  said  Commis- 
sioner, then  the  Mayor  shall  have  the  right  to  cast 
both  his  own  and  the  vote  of  the  Commissioner  of 
the  office  so  vacated. 


Vacancies^ 


12 


Meetings   of 
Board. 


Officers 
IVot   to   be 
Interested   in 
Contracts  witli  the 
City. 


Komination  of 
Officers. 


Sec.  19.  Be  it  further  enacted,  That  the  Board  of 
Commissioners  shall  hold  a  regular  meeting  every 
Tuesday  at  2:30  o'clock  in  the  afternoon,  and  may 
hold  such  special  meetings  as  may  be  called  by  the 
Mayor  or  any  two  of  the  other  Commissioners. 

If  the  business  of  any  regular  or  special  meeting 
be  not  concluded  on  the  day  when  the  same  convenes, 
the  Board  may  adjourn  such  meeting  to  any  subse- 
quent day  of  that  week.  All  meetings  of  the  Board 
shall  be  public,  and  shall  be  held  at  the  place  pro- 
vided for  such  meetings,  and  said  place  cannot  be 
changed,  except  by  ordinance. 

Sec.  20.  Be  it  further  enacted,  That  no  Commis- 
sioner nor  any  officer  nor  subordinate  officer  of  the 
city  shall  be  connected  with  or  interested  in,  directly 
or  indirectly,  any  contract  with  the  city,  nor  shall 
any  Commissioner  of  the  city  receive  any  compen- 
sation other  than  that  herein  specially  provided,  nor 
shall  extra  pay  be  allowed  or  received  by  any  Com- 
missioner or  officer  by  the  city  serving  on  a  commit- 
tee, agency,  or  commission  whatever  when  appointed 
to  such  service  by  the  Commissioner  during  his  term 
of  office;  provided,  however,  that  whenever  the  du- 
ties of  any  Commissioner  shall  require  him  to  visit 
a  point  beyond  the  limits  of  Shelby  County,  his  rea- 
sonable expenses  shall  be  paid  by  the  city. 

Sec.  21.  Be  it  further  enacted,  That  every  officer 
for  whose  election  by  the  Board  of  Commissioners 
provision  is  herein  made  shall  first  be  nominated 
by  the  Commissioner  to  whose  department  such  of- 


13 

iicer  belongs,  and  no  such  officer  shall  be  elected  by 
the  Board  except  on  such  nomination;  provided, 
hoioever,  that  if  the  Commissioner  whose  duty  and 
function  it  is  to  nominate  any  officer  shall  fail  with- 
in thirty  days  to  make  a  nomination,  then  any  mem- 
ber of  said  Board  shall  have  the  right  to  make  a 
nomination  or  nominations,  and  the  Board  may 
thereupon  elect  the  person  so  nominated. 

Sec.  22.  Be  it  further  enacted,  That  the  Commis- 
sioners of  the  city  of  Memphis  shall  fix  the  amount  Bonds  o« 
of  bonds  and  the  method  of  their  approval  to  be  re-  officers. 
quired  of  all  elective,  appointive,  or  subordinate  offi- 
cers, and  such  other  city  employes  whom  the  Com- 
missioners of  the  city  of  Memphis  shall  require  to 
give  bond.  The  ajDproval  of  the  official  bond  of  all 
elective,  appointive  or  subordinate  officers  and  oth- 
er employes  must  be  indorsed  thereon  and  signed 
by  the  Commissioners  of  the  City  of  Memphis,  and 
shall  be  given  and  made  by  some  good  and  solvent 
surety  company.  A\\  bonds  when  approved  shall  be 
filed  with  the  Clerk  of  the  city  of  Memphis ;  ail  pro- 
visions of  any  law  of  this  State  relating  to  official 
bonds,  not  inconsistent  with  this  charter,  shall  be 
complied  with. 

Sec.  23.  Be  it  further  enacted,  That  no  Commis- 
sioner or  officer  of  the  city  shall  during  the  term  for 

"  "  May  accept  no 

which  he  is  elected  be  appointed  to  or  accept  any  oth-   other  oMce. 
er  office  under  the  city  government  or  become  an  offi- 
cer or  employe  (with  or  without  pay)  of  the  State 
or  county  in  any  capacity  whatever;  provided,  how- 
ever, that  nothing  in  this  section  shall  be  construed 


14 

to  affect  the  office  of  County  Trustee  of  Shelby 
County,  who  is  now  by  law  the  receiver  of  taxes  for 
the  city. 

Sec.  24.  Be  it  further  enacted,  That  in  the  event 
of  the  absence  from  the  city  or  of  the  death,  resigna- 
tion, or  removal  of  tlie  Mayor  or  of  his  inability  to 
act,  the  Commissioner  of  the  Fire  and  Police  shall 
have  and  exercise  all  the  powers  and  duties  of  the 
Mayor,  and  in  the  event  of  the  absence  of  the  Mayor 
from  any  meeting  of  the  Board,  such  Commissioner 
shall  preside  in  his  place,  and  it  shall  not  be  lawful 
for  either  the  Mayor  or  the  Commissioner  of  Fire 
and  Police  to  absent  himself  from  the  city  while  the 
other  is  absent  or  disabled  from  attending  to  the 
duties  of  his  office. 

Sec.  25.  Be  it  further  enacted,  That  in  the  event  of 
the  death,  resignation  or  removal  of  any  officer  of 
this  city  other  than  a  member  of  the  Board  of  Com- 
missioners, it  shall  be  the  right  and  duty  of  the 
Board  of  Commissioners  to  elect  as  soon  as  practi- 
cable a  successor  to  fill  the  vacancy;  and  if  no  elec- 
tion be  had  within  thirty  days  after  such  vacancy 
occurs,  the  Mayor  shall  have  the  right,  and  it  shall 
be  his  duty,  to  appoint  some  fit  person  to  fill  such 
vacancy  until  an  election  by  the  Board  shall  occur. 
The  election  by  said  Board  to  fill  such  vacancy  shall 
be  on  nomination  by  the  Commissioner  of  the  de- 
partment to  which  such  officer  belongs.  In  the  event 
of  the  temporary  absence  or  disability  of  any  officer 
other  than  a  member  of  the  Board  of  Commission- 
ers, the  Board  shall,  if  a  majority  of  the  members 


15 

thereof  see  fit,  have  the  power  to  appoint  some  prop- 
er person  to  act  in  the  place  and  stead  of  such  offi- 
cer during  his  absence  or  disability  and  to  provide 
for  the  compensation  of  such  person  temporarily- 
discharging  the  duties  of  said  officer ;  provided,  how- 
ever, that  there  shall  be  no  deduction  from  the  salary 
of  the  regular  incumbent  of  said  office  during  such 
absence  or  disability  unless  the  Board  shall  by  reso- 
lution declare  the  absence  from  office  of  such  incum- 
bent to  be  without  excuse. 

Sec.  26.  Be  it  further  enacted,  That  within  ninety 
days  after  organizing  the  Commissioners  of  the  city  c*vii  service 
of  Memphis  shall  by  ordinance  appoint  three  Civil  Commissioners- 
Service  Commissioners,  who  shall  hold  office — one 

Compensntion, 

until  January  1,  1911 ;  one  until  January  1,  1912,  and  tiuaimeations. 
one  until  January  1,  1913.  Upon  the  expiration  of 
these  respective  terms,  successors  shall  be  elected  to 
hold  office  for  three  years  from  the  date  of  the 
election  and  until  his  successor  is  elected  and  quali- 
fied. Each  of  these  Civil  Service  Commissioners 
shall  receive  an  annual  salary  of  $300,  payable 
monthly.  The  Chairman  of  the  Commission  for  each 
annual  period  shall  be  the  member  whose  term  first 
expires.  No  person  on  said  Commission  shall  hold 
or  be  a  candidate  for  any  office  or  public  trust  or 
profit,  who  is  in  arrears  for  taxes,  or  who  is  not  a 
freeholder,  and  who  has  not  resided  in  the  city  of 
Memphis,  State  of  Tennessee,  for  at  least  six  years 
next  preceding  his  election;  two  of  said  members 
shall  constitute  a  quorum  to  transact  business.  The 
Commission  (Commissioners)  of  the  city  of  Memphis 


16 


Removal   for 
Canse. 


Clerk   of 
C'oinniissiOB. 


Oath  of 
Civil  Service 
Commissioners. 


may  remove  any  of  said  Commissioners  during  their 
term  of  office  for  cause,  four  of  the  Commissioners 
of  the  city  of  Memphis  voting  in  favor  of  such  re- 
moval, and  shall  fill  any  vacancy  that  may  occur  in 
said  Commission  for  the  unexpired  term.  The  Com- 
missioners of  the  city  of  Memphis  shall  provide  suit- 
able rooms  in  which  the  said  Civil  Service  Commis- 
sioners may  hold  its  meetings.  They  shall  have  a 
Clerk,  who  shall  be  elected  by  the  Commissioners  of 
the  city  of  Memphis,  who  shall  fix  his  compensation 
and  term  of  office.  Said  Clerk  shall  keep  a  record 
of  all  meetings  of  said  Civil  Service  Commission, 
and  do  all  necessary  clerical  work  to  carry  out  the 
rules  and  regulations  of  the  said  Commission.  The 
Commissioners  of  the  city  of  Memphis  shall  supply 
the  said  Civil  Service  Commission  with  all  the  neces- 
sary equipment  to  properly  attend  to  such  business. 

Sec.  27.  Be  it  further  enacted,  That  before  enter- 
ing upon  the  duties  of  their  office,  each  of  said  Civil 
Service  Commissioners  shall  take  and  subscribe  an 
oath,  which  shall  be  filed  and  kept  in  the  office  of  the 
Clerk  of  the  city  of  Memphis,  to  support  the  Con- 
stitution of  the  United  States  and  the  State  of 
Tennessee,  and  to  obey  the  laws  and  ordinances  of 
the  city  of  Memphis  and  to  aim  to  secure  and  main- 
tain an  honest  and  efficient  force  free  from  partisan 
distinction  or  control,  and  to  perform  the  duties  of 
his  office  to  the  best  of  his  ability. 

Sec.  28.  Be  it  further  enacted,  That  said  Commis- 
sioners shall  on  the  first  Monday  in  April  and  Octo- 
ber of  each  year,  or  oftener  if  it  shall  be  deemed  nee- 


To    Hoia 


17 

essary,  under  such  rules  and  regulations  as  may  be 
prescribed  by  the  Commissioners  of  the  city  of  Mem- 
phis, hold  examinations  for  the  purjDose  of  deter- 
mining the  qualifications  of  applicant  for  positions, 
which  examination  shall  be  practical,  and  shall  fair- 
ly test  the  fitness  of  the  persons  examined  to  dis- 
charge the  duties  of  the  position  to  which  they  seek 
to  be  appointed.  Said  Commission  shall  as  soon  as 
possible  after  such  examination  certify  to  the  Com- 
missioners of  the  city  of  Memphis  double  the  num-  t©  certify 
ber  of  persons  necessary  to  fill  vacancies,  who,  ac-  i>ist  *« 
cording  to  its  records,  have  the  highest  standing  for  *^»™*»»«''»«»««- 
the  positions  they  seek  to  fill  as  a  result  of  such  ex- 
aminations, and  all  vacancies  which  occur  that  come 
under  the  civil  service  rule  prior  to  the  date  of  the 
next  regular  examination  shall  be  filed  from  said 
lists  so  certified;  provided,  however,  that  should  the 
list  for  any  cause  be  reduced  to  less  than  three  for 
any  division,  then  the  Commissioners  of  the  city  of 
Memphis  or  the  Commissioner  in  charge  of  that  de- 
partment may  temporarily  fill  a  vacancy,  but  not  to 
exceed  thirty  days. 

Sec.  29.  Be  it  further  enacted,  That  all  persons 
subject  to  such  civil  service  examinations  shall  be 

Removal    for 

subject  to  removal  from  office  or  employment  by  the 
Commissioners  of  the  city  of  Memphis  or  the  Com- 
missioner in  charge  of  that  department  for  miscon- 
duct or  failure  to  perform  their  duty  under  such 
rules  and  regulations  as  it  may  adopt ;  and  the  Chief 
of  Police  Department,  Chief  of  the  Fire  Department, 
Superintendent  of  the  Health  Department,  or  any 


Cause. 


18 

Superintendent  or  foreman  in  charge  of  municipal 
work  may  peremptorily  suspend  or  discharge  any^ 
subordinate  then  under  his  direction  for  neglect  of 
duty  or  disobedience  of  his  orders ;  but  shall  within 
twenty-four  hours  thereafter  report  in  writing  such 
suspension  or  discharge  and  a  reason  therefor  to 
the  Commissioner  in  charge  of  his  department,  who 
shall  thereupon  affirm  or  revoke  such  discharge  or 
suspension  according  to  the  facts. 

Such  employe  (or  officer  discharging  or  suspend- 
ing him)  may  within  five  days  of  such  ruling  appeal 
therefrom  to  the  Commissioners  of  the  city  of  Mem- 
phis, who  shall  fully  hear  and  determine  the  matter 
and  their  conclusions  in  the  premises  shall  be  final. 

Sec.  30.  Be  it  further  enacted,  That  every  member 
of  the  Board  of  Commissioners  of  the  City  of  Mem- 
phis shall  have  the  power  to  administer  oaths  and 
affirmations,  and  said  Board  of  Commissioners  of 
the  city  of  Memphis  shall  have  the  power  to  issue 
subpoenas  to  compel  by  subpoena  the  production  of 
books  and  papers,  accounts,  and  the  attendance  of 
witnesses,  and  to  take  and  hear  testimony  concern- 
ing any  matter  or  thing  pending  before  such  Com- 
missioners of  the  city  of  Memphis. 

If  any  person  so  subpoenaed  neglects  or  refuses  to 
appear  or  to  produce  any  book,  paper  or  document 
as  required  by  such  subpoena,  or  shall  refuse  to  tes- 
tify before  said  Commissioners  of  the  city  of  Mem- 
phis, to  answer  any  competent  question,  he  shall  be 
deemed  in  contempt,  and  said  Commissioners  of  the 
city  of  Memphis  shall  have  power  to  take  proceed- 


Rules  and 
Regulations    of 
Civil  Service 


19 

ings  in  that  behalf  as  provided  by  the  general  laws 
of  the  State.  The  Chief  of  Police  must  on  request 
of  the  said  Board  of  Commissioners  of  the  city  of 
Memphis  detail  a  police  officer  or  police  officers  to 
serve  such  subpoena  or  subpoenas. 

Sec.  31.  Be  it  further  enacted,  That  said  Civil 
Service  Commissioner  shall  make  annual  report  to  Annual  Report, 
the  Commissioners  of  the  city  of  Memphis,  and  they 
may  require  a  special  report  from  said  Civil  Service 
Commission  at  any  time;  and  said  Commissioners  commission. 
of  the  city  of  Memphis  may  prescribe  such  rules  and 
regulations  for  the  joroper  conduct  of  the  business  of 
said  Civil  Service  Commission  as  shall  be  found  ex- 
pedient and  advisable,  including  restrictions  and 
appointments,  promotions,  removal  for  cause,  roster 
of  employes,  certification  of  the  records,  and  re- 
strictions on  payment  to  persons  improperly  em- 
l^loyed. 

Sec.  32.  Be  it  further  enacted,  That  the  Commis- 
sioners of  the  city  of  Memphis  shall  have  the  I'^ower 
to  pass  ordinances  imposing  suitable  penalties  for 
the  punishment  of  persons  violating  any  of  the  pro- 
visions of  this  Act  relating  to  the  Civil  Service  Com- 
mission. 

Sec.  33.  Be  it  further  enacted.  That  any  Commis- 
sioner of  the  city  of  Memphis  at  the  head  of  a  de-   commissioners 
partment  of  the  city  government  certifying  to  the  **'*''  *^'''"*'* 
Chairman  of  the  Civil    Service    Commission  may 

Employes. 

cause  any  employe  or  employes  in  his  department 
coming  under  civil  service  rules  to  be  examined  as 


20 

to  his  fitness  and  qualifications  to  fill  his  position. 
The  Chainnan  of  the  Civil  Service  Commission  upon 
receipt  of  such  communication  from  said  Commis- 
sioner of  the  city  of  Memphis  and  the  head  of  a 
department  of  the  city  government  shall  cite  said 
employe  or  employes  before  the  Civil  Service  Com- 
mission and  examine  them  as  to  their  fitness  and 
qualifications  to  fulfill  the  duties  of  their  position  ac- 
cording to  the  standard  and  rules  adopted  by  the 
Civil  Service  Conunission  as  a  test  for  such  position ; 
and  said  Civil  Service  Commission  shall  report  the 
results  of  such  examination  to  the  Commissioners 
of  the  city  of  Memphis  who  requested  such  examina- 
tion, and  said  Commissioners  of  the  city  of  Mem- 
phis must  either  retain  or  dismiss  said  employe  or 
employes  as  the  result  of  said  examination  may 
show. 

Sec.  34.  Be  it  further  enacted,  That  the  provisions 
of  the  Sections  26  to  33,  inclusive,  shall  apply  to  all 
appointive  officers  and  employes  of  the  city  of  Mem- 
phis, except  those  especially  named  in  Section  10  of 
this  Act,  Commissioners  of  any  kind,  laborers  whose 
occupation  requires  no  special  skill  or  fitness,  and 
Assistant  City  Attorney  where  such  officers  are  ap- 
pointed. 

Sec.  35.  Be  it  further  enacted,  That  all  officers 
and  employes  who  shall  be  employed  by  the  city  of 
Memphis  shall  be  elected  or  appointed  with  refer- 
ence to  their  qualifications  and  fitness  and  for  good 
of  the  public  service,  and  without  reference  to  their 
political  faith  or  party  affiliation. 


Promise   «l 

Office 

Prohitoiteil. 


21 

Sec.  36.  Be  it  further  enacted,  That  it  shall  be  un- 
lawful for  any  candidate  for  office  or  any  officer  in 
the  emplo>Tnent  of  the  city  of  Memphis,  directly  or 
indirectly,  give  or  promise  any  person  or  persons 
any  office,  employment,  benefit,  or  anything  of  value 
for  the  purpose  of  influencing  or  obtaining  the  po- 
litical support,  aid  or  vote  of  any  person  or  persons. 
Any  violation  of  the  provisions  of  this  section  shall 
be  a  misdemeanor,  and  shall  be  grounds  for  removal 
from  office. 

Sec.  37.  Be  it  further  enacted,  That  the  Mayor 
shall  sign  all  bonds,  notes,  or  other  evidence  of  in- 
debtedness by  the  city,  and  shall  also  sign  all  con- 
tracts to  which  the  city  of  Memphis  is  a  party ;  pro-  how  signed. 
vided,  that  if  the  Mayor  refuses  to  sign  any  such 
contract  or  instrument,  the  same  shall  become  ef- 
fective without  his  signature  by  tlie  signature  of  any 
three  of  the  other  Commissioners.  All  checks  is- 
sued by  the  city  on  any  account  shall  be  counter- 
signed by  the  Mayor  and  two  Commissioners. 


Contracts, 
Bonds,    etc., 


Sec.  38.  Be  it  further  enacted.  That  no  contract 
involving  the  expenditure  of  exceeding  five  hundred 
dollars  ($500)  shall  be  awarded  or  let  until  after 
the  advertisement  for  at  least  one  week  by  some 
newspaper  published  in  Memphis,  and  then  only  to 
the  lowest  and  best  bidder ;  provided,  that  in  case  of 
emergency  a  publication  of  two  days  shall  be  suffi- 
cient. 

Sec.  39.  Be  it  further  enacted,  That  before  any 
contract  can  become  effective  or  binding  on  the  city 


Advertisement 
and  ATvard  of 
Contracts. 


22 

of  Memphis,  it  shall  be  approved  by  a  majority  of 
the  members  of  the  Board  of  Commissioners,  and 
the  members  approving  the  same  shall  affix  their 
signatures  thereto,  and  the  same  shall  be  copied  with 
.such  signature  on  the  minutes  of  the  proceedings  of 
the  Board. 


Kranfliises. 


Bomi 
Or«linaiioe 
Become 
Effective — 


Sec.  40.  Be  it  further  enacted,  That  the  method  of 
granting  franchises  shall  remain  as  prescribed  in 
Section  29  of  Chapter  54  of  the  Acts  of  1905,  save 
and  except  that  the  ordinance  granting  such  fran- 
chise shall  be  passed  by  a  majority  of  the  Board  of 
Commissioners;  provided,  hoivever,  that  no  ordi- 
nance granting  any  franchise  shall  become  effective 
until  such  ordinance  shall  have  been  passed  at  three 
separate  regular  meetings  of  the  Board  and  shall 
have  been  published  in  some  daily  newspaper  pub- 
lished in  Memphis,  Tenn.,  at  least  three  times,  each 
of  said  publications  to  be  on  the  day  prior  to  the 
meeting  at  which  each  passage  of  the  ordinance  oc- 
curs. 

Sec.  41.  Be  it  further  enacted.  That  no  ordinance 
authorizing  or  providing  for  any  issue  of  bonds  shall 
become  effective  until  thirty  days  after  its  final  pas- 
sage and  until  the  same  shall  have  been  approved  by 
a  majority  of  the  qualified  electors  of  the  city  voting 
at  an  election  to  be  called  and  ordered  for  that  pur- 
pose; provided,  hoivever,  that  such  submission  to 
and  approval  of  by  said  voters  shall  be  unnecessary 
unless  same  shall  have  been  requested  by  a  petition 
in  writing,  signed  by  at  least  500  qualified  voters  of 
the  city  of  Memphis  within  thirty  days  after  the 


23 

final  passage  of  the  ordinance  providing  for  such 
hond  issue. 

Sec.  42.  Be  it  further  enacted,  That  the  salary  of 
the  City  Judge  shall  be  as  now  prescribed  by  law; 
provided,  hoivever,  that  in  the  event  of  the  tem])o- 
rary  absence  or  disability  of  the  City  Judge  from 
any  cause,  no  deduction  shall  be  made  from  his  sal- 
ary unless  the  Council  shall  by  resolution  declare 
that  the  absence  from  his  duties  was  without  rea- 
sonable excuse. 

Sec.  43.  Be  it  further  enacted.  That  no  appeal 
shall  lie  from  a  judgment  of  the  City  Court  rendered 
in  the  exercise  of  the  jurisdiction  of  that  court  over 
all  violations  of  municipal  ordinances  unless  the 
judgment  be  for  a  fine  of  more  than  $10  and  costs ; 
and,  provided,  further,  that  no  order  of  said  City 
Court  remitting  any  fines  shall  become  effective  un- 
til it  shall  have  been  signed  by  the  Mayor  and  two 
Commissioners. 

Sec.  44.  Be  it  further  enacted,  That  no  ordinance 
shall  become  effective  until  the  same  shall  have 
passed  at  least  three  regular  meetings  of  the  Board 
of  Commissioners  and  shall  have  received  at  each 
meeting  a  majority  of  all  members  composing  said 
Board,  and  unless  the  same  shall  have  been  pub- 
lished in  some  daily  newspaper  in  Memphis  on  the 
day  preceeding  (preceding)  each  meeting  at  which 
it  had  passed,  and  until  the  same  shall  have  been 
published  daily  for  at  least  one  week  after  its  final 
passage,  in  some  newspaper  published  in  Memphis, 
and  shall  have  been  duly  and  formally  recorded  in 


Salary  of 
t'ity    Jndge. 


A  It  pen  I.*! 


Remission   of 
Fines. 


Ordinances 
Effective — Wben. 


24 


Department 
Kxpendltnres  may 
exceed  Budget, 


Ad  Valorem 
Taxes. 


the  office  of  the  City  Clerk  in  the  minutes  of  the  pro- 
ceedings of  the  Board;  provided,  however,  that  by 
unanimous  vote  of  all  the  Commissioners  any  ordi- 
nance may  become  effective  immediately  upon  its 
final  passage  if  the  matter  be  one  of  emergency. 

Sec.  45.  Be  it  further  enacted,  That  it  shall  be  law- 
ful to  expend  in  any  year  a  greater  amount  for  any 
department  than  shall  have  been  approprir/od  in 
the  annual  budget  for  the  department;  provided, 
such  excess  can  be  made  up  from  a  surplus  in  any 
other  department  or  departments,  and  provided  ilie 
same  is  authorized  by  ordinance  or  resolution  duly 
passed. 

Sec.  46.  Be  it  further  eyiacted.  That  all  the  special 
taxes  heretofore  provided  for  by  the  Legislature  to 
be  levied  and  assessed  against  the  real  and  personal 
property  in  the  city  of  Memphis  are  hereby  abol- 
ished and  all  Acts  providing  for  the  same  are  here- 
by repealed. 

Sec.  47.  Be  it  further  enacted,  That  th^^  said  Board 
of  Commissioners  of  the  city  of  Memphis  shall  have 
pov/er  by  ordinance  in  a  regular  meeting  to  levy  a»jd 
collect  a  general  ad  valorem  tax  upon  all  real  and 
personal  property  in  the  city  of  Memphis  not  to  ex- 
ceed two  dollars  ($2)  on  every  one  hundred  dollars 
of  assessed  value  for  all  purposes,  and  it  is  further 
provided  that  out  of  said  levy  the  said  Board  of 
Commissioners  shall  each  year  collect  and  pay  to 
the  School  Commissioners  of  the  city  of  Memphis 
twenty-five  cents  on  every  one  hundred  dollars  of 
assessed  value,  to  the  Park  Commissioners  of  the 


25 

city  of  Memphis  fifteen  cents  on  every  one  hundred 
dollars  of  assessed  value,  and  to  the  Cossit  Library 
three  cents  on  every  one  hundred  dollars  of  assessed 
value. 

Sec.  48.  Be  it  further  enacted,  That  the  next  regu- 
lar municipal  election  shall  be  held  on  the  first  Elections. 
Thursday  after  the  first  Monday  in  November,  1909, 
at  which  there  shall  be  elected  a  Mayor,  who  shall 
hold  office  until  and  including  December  31,  1911. 
Subsequent  municipal  elections  shall  be  held  on  the 
first  Thursday  after  the  first  Monday  in  November, 
1911,  and  every  four  years  thereafter,  at  which  shall 
be  elected  a  Maj^or  and  four  Commissioners  and  a 
City  Tax  Assessor,  who  shall  take  their  oath  of  office 
and  qualify  on  December  31  following  the  date  of 
their  election. 

Sec.  49.  Be  it  further  enacted,  That  there  shall  be 
a  subordinate  officer,  to  be  known  as  **  Assistant  At-  Assistatnt 
torney,"  by  and  with  the  consent  of  the  Board  of  ^^*^  Attome: 
Commissioners,  who  shall  receive  an  annual  salary 
of  $1,200,  payable  monthly.    He  shall  hold  office  at 
the  will  of  the  City  Attorney. 

Sec.  50.  Be  it  further  enacted.  That  all  Commis- 
sioners and  elective  officers  hereunder  shall  be  ex- 
empt from  jury  and  military  duty. 

Sec.  51.  Be  it  further  enacted,  That  the  word 
*' Commissioner"  or  '' Commissioners,"  as  used  in 
this  Act,  shall  be  construed  as  embracing  the  Mayor 
unless  the  contrary  is  plainly  indicated. 


26 

Sec.  52.  Be  it  further  enacted,  That  all  Acts  and 
parts  of  Acts  constituting  the  present  charter  of  the 
city  of  Memphis,  not  in  conflict  with  this  amenda- 
tory Act,  be,  and  the  same  are,  continued  in  full 
force  and  effect,  and  all  Acts  in  conflict  herewith  are 
hereby  repealed. 

Sec.  53.  Be  it  further  enacted,  That  this  Act  shall 
take  eifect  for  purposes  of  election  and  qualifications 
of  the  officers  herein  provided  for  from  and  after  its 
passage  and  for  all  other  purposes  on  January  1st, 
1910,  the  public  welfare  requiring  it. 
Passed  April  24th,  1909. 

William  Kinney, 

Speaker  of  the  Senate. 
M.  HiLLSMAN  Taylor, 
Speaker  of  the  House  of  Representatives. 

Approved  April  27, 1909. 

Malcolm   R.   Patterson, 

Governor. 


CHARTER  AND  ANNUAL  REPORTS 


SUBMITTED   AT    THE 


ANNUAL  MEETING 


-OF  THE- 


GENERAL  COUNCIL 


OF  THE- 


CITY  OF  MOBILE 


MARCH   15,   1906 


MOBILE,  ALA. 
COMMERCIAL  PRINTING  CO. 

1906 


CHiVI^^E^IC. 


No.  lOSOyi]  AN  ACT  [h.  606 

To  provide  a  charter  for  the  City  of  Mobile. 

Section  1.  Be  it  enacted  by  the  General  Assem- 
bly of  Alabama,  That  the  inhabitants  residing  within 
the  following  named  boundaries,  to-wit :  Commenc- 
ing at  a  point  on  the  western  margin  of  Mobile  bay  fr^rp^^ate 
where  the  same  would  be  intersected  by  the  southern 
line  of  Tennessee  street,  if  said  street  were  extended 
eastwardly  from  Conception  street  in  the  same  direc- 
tion as  now  located,  thence  running  westwardly 
along  the  southern  line  of  the  extension  as  aforesaid 
of  Tennessee  street  to  the  point  where  the  southern 
line  of  Tennessee  street  intersects  with  the  western 
side  of  Conception  street;  thence  westwardly  along 
the  southern  side  of  Tennessee  street  to  the  western 
side  of  Lawrence  street ;  thence  northwardly  along 
the  western  side  of  Lawrence  street  to  the  southern 
side  of  Virginia  street ;  thence  westwardly  along  the 
southern  side  of  Virginia  street  to  a  point  where 
the  same  would  intersect  with  the  western  side  of 
Catherine  street  if  the  same  were  extended  south- 
wardly from  Govrnment  street  in  same  direction 
as  now  located ;  thence  northwardly  to  the  western 
line  of  said  Catherine  street  where  the  same  inter- 
sects the  north  line  of  Government  street ;  thence 
along  the  west  line  of  Catherine  street,  as  now  lo- 
cated, to  the  northeast  side  of  St.  Stephens,  or  the 
New  Creek  road ;  thence  by  a  line  running  north- 
wardly in  extension  of  said  west  line  of  said  Cath- 
erine street  to  the  right  or  south  bank  of  Bayou 
Chetaugue,  or  Three  Mile  creek;  thence  down  the 
said  right  bank  to  the  notheast  side  of  Davis  ave- 
nue ;  thence  eastwardly  along  the  northeast  side  or 
line  of  Davis  avenue,  as  located,  to  the  west  side  of 
the  street  or  lane  known  as  Marmotte  alley ;  thence 
along  the  west  side  of  Marmotte  alley  northwardly 
to  its  intersection  with  the  south  side  of  Morgan 


Rights. 


Eight  wards. 


Second  ward. 


Street ;  thence  eastwardly  along  the  south  side  of 
Morgan  street  to  the  left  or  north  bank  of  Bayou 
Marmotte,  and  thence  down  said  bayou  along  the 
north  bank  thereof  to  the  Mobile  river;  thence  due 
east  to  the  west  shore  of  Blakely  island ;  thence 
south  along  the  west  shore  of  Blakely  and  Pinto 
island,  and  thence  with  the  east  channel  line  to  a 
point  in  Mobile  bay  due  east  from  said  point  on 
the  western  margin  of  said  bay  where  the  same 
would  be  intersected  by  the  southern  line  of  Ten- 
nessee street  if  said  Tennessee  street  were  extended 
£is  aforesaid;  thence  westwardly  to  the  place  of  be- 
ginning, are  hereby  incorporated  and  made  a  body 
politic  and  corporate,  under  the  name  and  style  of 
"The  City  of  Mobile,"  which  shall  be  managed  and 
governed  as  hereinafter  provided.  It  may  sue  and 
be  sued,  buy  and  contract,  and  do  its  acts  under  that 
name,  and  may  have  and  use  a  corporate  seal. 

Sec.  2.  Be  it  further  enacted.  That  the  territory 
of  the  said  corporation  shall  be  divided  into  eight 
wards,  to  be  designated  as  the  First,  Second,  Third, 
Fourth,  Fifth,  Sixth,  Seventh  and  Eighth  wards, 
which  shall  be  divided  and  bounded  as  follows,  to- 
wit :  The  First  ward  shall  commence  at  the  inter- 
section of  the  eastern  and  northern  boundary  lines 
of  the  corporation,  thence  running  southwardly 
slong  the  east  boundary  line  of  the  city  to  the  inter- 
section with  the  center  of  St.  Louis  street  extended, 
thence  westwardly  to  and  along  the  center  of  St. 
Louis  street  to  its  intersection  with  the  center  of 
FrankHn  street  to  its  intersection  with  the  north 
boundary  of  the  corporation,  thence  along  the  said 
north  boundary  line  eastwardly  to  its  intersection 
with  the  east  boundary  line  of  the  corporation,  being 
the  place  of  beginning.  The  Second  ward  shall  com- 
mence at  the  intersection  of  the  east  boundary  line 
of  the  corporation  and  the  center  of  St.  Louis  street 
extended,  thence  running  southwardly  along  the 
said  east  boundary  line  to  its  intersection  with  St. 
Francis  street  extended,  thence  westwardly  to  and 


along-  the  center  of  St.  Francis  street  to  its  inter- 
section with  the  center  of  FrankUn  street,  thence 
northwardly  along  the  center  of  Franklin  street  to  its 
intersection  with  the  center  of  St.  Louis  street, 
thence  eastwardly  along  the  center  of  St.  Louis 
street  extended  to  its  intersection  with  the  said  east 
boundary  line,  being  the  place  of  beginning.  The 
Third  ward  shall  commence  at  the  intersection  of  the'^^''"'^  ward, 
east  boundary  line  of  the  corporation  and  the  center 
of  St.  Francis  street  extended,  thence  running  south- 
erly along  said  east  boundary  line  to  its  intersection 
with  the  center  of  Conti  street  extended,  thence 
westwardly  to  and  along  the  center  of  Conti  street 
to  its  intersection  with  the  center  of  Franklin  street, 
thence  running  northwardly  along  the  center  of 
Franklin  street  to  its  intersection  with  the  center  of 
St.  Francis  street,  thence  eastwardly  along  the  cen- 
ter of  St.  Francis  street  extended  to  its  intersection 
with  the  east  boundary  line,  being  the  place  of  be- 
ginning. The  Fourth  ward  shall  commence  at  the  pourth  ward, 
intersection  of  the  east  boundary  line  of  the  corpora- 
tion and  the  center  of  Conti  street  extended,  thence 
running  southwardly  along  said  east  boundary  line 
to  the  intersection  with  the  center  of  Monroe  street 
extended,  then  westwardly  to  and  along  the  cen- 
ter of  Monroe  street  to  its  intersection  with  the  cen- 
ter of  Franklin  street,  thence  northwardly  along  the 
center  of  Franklin  street  to  its  intersection  with  the 
center  of  Conti  street,  thence  eastwardly  along  the 
center  of  Conti  street  to  its  intersection  with  the 
said  east  boundary  line,  being  the  place  of  beginning. 
The  Fifth  ward  shall  commence  at  the  intersection  Fifth  ward 
of  the  east  boundary  line  of  the  corporation  and  the 
center  of  Monroe  street  extended,  thence  running 
southwardly  along  said  east  boundary  line  to  its  in- 
tersection with  the  south  boundary  line  of  the  cor- 
poration, thence  westwardly  along  said  boundary 
line  to  its  intersection  with  the  center  of  Franklin 
street,  thence  northwardly  along  the  center  of 
Franklin   street  to   its    intersection    with    Monroe 


6 


street,  thence  eastwardly  along  the  center  of  Monroe 
street  to  its  intersection  with  the  east  boundary  Hne 
of  the   corporation,   being  the   place   of  beginning. 

Sixth  ward,  fhg  gixtli  Ward  shall  commence  at  the  intersection 
of  the  south  boundary  line  of  the  corporation  and 
the  center  of  Franklin  street,  thence  running  north- 
wardly along  the  center  of  Franklin  street  to  its 
intersection  with  the  center  of  Dauphin  street, 
thence  westwardly  along  the  center  of  Dauphin 
street  as  far  as  the  intersection  of  Wilkinson  street 
thence  south  along  the  center  of  Wilkinson  street 
to  the  connection  of  said  street  with  Washington 
avenue,  formerly  called  Dog  River  road,  and  thence 
along  the  center  of  said  avenue  or  road  to  the  south 
boundary  line  of  the  corporation,  thence  eastwardly 
along  the  south  boundary  line  to  the  west  side  of 
Lawrence  street,  thence  southwardly  to  the  Mobile 
bay,  thence  east  to  the  intersection  of  the  south 
boundary  of  the    corporation    with    the  center    of 

Seventh  ward.  Franklin  street  extended.  The  Seventh  ward  shall 
commence  at  the  intersection  of  the  center  of  Dau- 
phin and  Franklin  streets,  thence  running  west- 
wardly along  the  center  of  Dauphin  street  as  far 
as  the  intersection  of  Spring  Hill  avenue,  from  which 
point  continuing  westwardly  along  the  center  of 
Spring  Hill  avenue  to  the  west  boundary  line  of  the 
corporation,  thence  northwardly  along  said  west 
boundary  line  to  its  intersection  with  the  north 
boundary  line  of  the  corporation,  thence  eastwardly 
along  said  north  boundary  line  to  its  intersection 
with  the  west  side  of  Marmotte  alley,  thence  along 
the  west  side  of  Marmotte  alley  to  its  intersection 
with  the  south  side  of  Morgan  street,  thence  along 
the  north  boundary  of  the  corporation  to  the  inter- 
section with  the  center  of  Franklin  street,  thence 
southwardly  along  the  center  of  Franklin  street  to 
its  intersection  with  the  center  of  Dauphin  street. 

Eighth  ward,  being  the  place  of  beginning.  The  Eighth  ward 
shall  commence  at  the  center  of  the  intersection  of 
Dauphin   and   Wilkinson    streets   and    Spring   Hill 


road,  and  from  thence  run  northwesterly  to  the 
western  boundary  hne  of  the  corporation,  thence 
southwardly  along  the  western  boundary  line  of  the 
corporation  to  the  south  boundary  line  thereof, 
thence  along  the  said  south  boundary  line  of  the 
corporation  to  a  point  where  said  line  intersects  with 
\\'ashington  avenue  or  Dog  River  road,  thence  north 
through  the  center  of  said  Washington  avenue  or 
Dog  River  road  to  its  intersection  with  the  center 
of  \\'ilkinson  street,  thence  north  along  said  center 
of  Wilkinson  street  to  the  place  of  beginning. 

Sec.  3.  Be  it  further  enacted,  That  the  legislative  ^^I'Amlnt 
department  shall  be  vested  in  a  mayor  and  general 
council.  The  general  council  shall  consist  of  the 
councilmen  and  aldermen  as  hereinafter  provided, 
x-\ll  applications  shall  be  made  to  and  all  ordinances 
passed  in  the  name  of  the  mayor  and  general  council. 
All  resolutions,  measures  or  proposed  ordinances 
shall  originate  with  the  general  council  and  their 
action  shall  be  final.  But,  should  the  mayor  dissent, 
the  general  council  may  pass  such  measure  or  pro- 
posed ordinance  over  his  veto  by  a  two-thirds  ma- 
jority. The  city  clerk  shall  keep  the  minutes  of  the 
meetings  of  said  general  council.  Each  member  of 
the  general  council  shall  have  the  right  in  all  cases 
to  call  for  the  yeas  and  nays  and  have  the  same 
recorded  on  the  minutes.  Ten  members  of  the  gen- 
eral council  shall  constitute  a  quorum  of  said  general 
council.  But  in  all  cases  a  less  number  may  adjourn 
from  time  to  time  and  compel  the  attendance  of  ab- 
sentees. 

Election: 

Sec.  4.     Be  it  further  enacted.  That  there  shall  aidermen  at 

large, 

be  elected  on  the  first  Monday  in  March,  1903,  seven 
aldermen  for  the  city  at  large,  who  shall  hold  office 
for  three  years  and  until  their  successors  are  elected 
and  qualified,  and  on  the  first  Monday  in  March 
every  three  years  thereafter  seven  aldermen  at  large 
shall  be  elected  by  the  qualified  voters  of  said  city. 

Sec.  5.     Be  it  further  enacted.  That  on  the  first  Ei«"ction: 

'  councilmen. 

Monday  in  March,  1903,  and  on  the  first  Monday  in 


8 


Election: 
city  officers 


City  engineer 


March  every  three  years  thereafter,  eight  council- 
men  shall  be  elected  by  the  qualified  voters  and  shall 
hold  office  until  their  successors  are  duly  elected 
and  qualified.  One  of  said  councilmen  shall  be 
elected  for  each  ward  in  the  city  of  Mobile. 

vSec.  6.  Be  it  further  enacted,  That  there  shall  be 
elected  on  the  first  Monday  in  March,  1903,  and  on 
the  first  Monday  in  March  every  three  years  there- 
after, in  the  manner  hereinafter  provided,  a  mayor, 
a  recorder,  a  city  attorney,  a  city  engineer,  a  city 
clerk  and  a  member  or  members  of  a  board  of  public 
works  as  provided  in  section  66  of  this  act,  said 
members  of  said  board  of  public  works  and  their 
successors  being  elected  as  provided  in  section  66 
of  this  act.  All  of  said  officers  except  the  board  of 
public  works  shall  hold  office  for  three  years  and 
until  their  successors  are  elected  and  qualified,  and 
in  the  event  that  any  of  said  offices  shall  become 
vacant  by  death,  resignation,  removal  or  otherwise, 
the  general  council  shall  fill  such  vacancies  for  the 
unexpired  term,  with  the  exception  of  the  office  of 
mayor  and  board  of  public  works,  which  is  herein- 
after provided  for.  Said  recorder  shall  be  learned 
in  the  law  and  a  practicing  attorney  at  the  time  of 
his  election,  and  shall  have  an  adequate  salary,  to 
be  fixed  by  the  general  council  preceding  his  elec- 
tion, not  to  exceed  fifteen  hundred  dollars  per  an- 
num, payable  in  monthly  installments,  which  sal- 
ary shall  not  be  changed  during  his  term  of  office. 
The  general  council  shall  elect  some  suitable  person 
as  recorder  pro  tem.,  who  shall,  in  case  of  sickness, 
absence,  inability  or  interest  of  the  recorder,  per- 
form the  duties  of  his  office,  and  shall  receive  the 
salary  of  the  recorder  for  the  period  of  time  or  the 
number  of  days  he  acts  as  recorder.  The  duties  of 
the  city  engineer  shall  be  prescribed  by  the  general 
council,  and  in  the  performance  of  such  duties  as 
may  be  defined  by  the  general  council  the  city  en- 
gineer shall  be  under  the  direction  and  control  of 
the  mayor  of  said  city.     In  the  event  that  the  office 


of  mayor  shall  become  vacant  by  death,  resignation,  Mayor, 
removal  or  otherwise,  the  mayor  pro  tem.  shall  be 
and  act  as  mayor  during  the  remainder  of  said  term, 
and  as  such  shall  exercise  all  the  rights  and  powers 
of  mayor  during  the  said  term,  and  as  such  shall 
receive  the  salary  for  the  time  or  number  of  days 
he  so  acts  as  mayor.  Then  and  in  such  case  the 
general  council  shall  fill  the  vacancy  occasioned  in 
said  general  council  by  reason  of  the  mayor  pro 
tem.  becoming  the  mayor  of  the  city  by  the  election 
of  some  one  else  to  fill  his  place  as  member  of  said 
general  council.  In  such  event  the  general  council 
shall  also  elect  one  of  the  members  of  said  general 
council  to  fill  his  place  as  chairman,  to  preside  at 
the  meeting  of  said  general  council  and  also  to  be 
mayor  pro  tem.  It  is  further  provided  that,  in  the 
event  the  mayor  pro  tem.  shall  be  acting  as  mayor 
of  the  city  at  the  time  of  any  meeting  of  the  general 
council,  then  in  such  case  the  general  council  shall 
elect  one  of  their  number  as  temporary  chairman, 
to  preside  at  the  meetings  of  the  general  council 
until  the  chairman  is  relieved  from  acting  as  mayor. 

Sec.  7.  Be  it  further  enacted.  That  the  mayor  ^^^°^'' '^'^'"^ 
shall  be  the  chief  executive  of  said  city.  He  shall 
have  an  adequate  salary,  to  be  fixed  by  the  general 
council  preceding  his  election,  not  to  exceed  eighteen 
hundred  dollars,  payable  in  quarterly  installments, 
which  shall  not  be  changed  during  his  term  of  office. 
He  shall  have  power  to  convene  the  general  council  - 
in  extra  session  whenever,  in  his  judgment,  the  ex- 
igencies of  the  case  may  require  it.     , 

Sec.  8.  Be  it  further  enacted.  That  the  mayor 
shall  have  one  week  after  the  meeting  of  the  general 
council  in  which  to  file  with  the  clerk  in  writing  his 
dissent  from  any  action  of  the  said  general  council, 
but  the  general  council  may,  in  the  manner  pre- 
scribed by  this  charter,  pass  any  ordinance  or  reso- 
lution, notwithstanding  the  veto,  by  a  vote  of  two- 
thirds,  to  be  taken  by  yeas  and  nays  and  entered  on 
the  minutes, 


10 


Chairman  of 
Council. 


Qualifications 
for  office. 


Sec.  9.  Be  it  further  enacted,  That  the  mayor 
shall  appoint  a  chief  of  police,  subject  to  confirma- 
tion by  the  general  council,  and  such  a  number  of 
policemen  as  may  be  designated  by  the  general  coun- 
cil ;  and  the  chief  and  policemen  so  appointed  shall 
be  subject  to  his  control  in  discharge  of  their  duties, 
and  may  at  any  time  be  suspended  or  removed  by 
him  for  incompetency,  misconduct  or  neglect  of 
duty,  and  may  also  be  removed  from  office  by  two- 
thirds  vote  of  the  general  council.  The  city  authori- 
ties and  said  police  force  shall  have  jurisdiction  for 
two  miles  beyond  the  city  limits,  at  Arlington  Fair 
Grounds  and  at  IVlonroe  Park,  for  preserving  the 
peace  and  making  arrests. 

Sec.  10.  Be  it  further  enacted,  That  the  mayor, 
before  entering  on  the  discharge  of  the  duties  of  his 
office,  shall  take  and  subscribe  to  the  following  oath 
before  the  judge  of  the  circuit  court  or  justice  of  the 
peace:  "I,  (A.  B.),  do  solemnly  swear  that  I  will 
to  the  utmost  of  my  ability  discharge  the  duties  of 
mayor  for  the  city  of  ]\Iobile  during  my  continuance 
in  office,  so  help  me  God."  He  shall,  after  being  so 
qualified,  have  full  power  and  authority  to  admin- 
ister the  oath  of  office  to  each  member  of  the  board 
of  general  council. 

Sec.  11.  Be  it  further  enacted.  That  the  general 
council  shall  elect  from  their  number  a  chairman, 
whose  duty  it  shall  be  as  such  chairman  to  preside 
at  the  meetings  of  the  general  council.  Such  chair- 
man shall  also  be  mayor  pro  tem.,  and  shall,  in  case 
of  sickness,  absence,  inability  or  interest  of  the 
mayor,  perform  the  duties  of  the  office  of  the  mayor. 
In  case  of  similar  disability  of  the  mayor  pro  tem. 
at  the  same  time  with  the  mayor,  such  member  of 
the  general  council  shall  act  as  may  have  been  dele- 
gated by  the  mayor  for  that  purpose. 

Sec.  12.  Be  it  further  enacted.  That  the  mayor 
and  recorder  herein  provided  for,  aldermen  and 
councilmen,  must,  at  the  time  of  their  election,  reside 
in  the  city  of  Mobile  and  be  qualified  electors  there- 


11 

of,  and  each  councilman  must  reside  in  the  ward  for 
which  he  is  elected  and  be  a  qualified  elector  in 
such  ward.  Said  mayor,  recorder  and  each  of  said 
aldermen  and  councilmen  shall  be  elected  by  the 
qualified  voters  of  all  the  wards  in  the  city  of  Mo- 
bile, voting-  in  the  wards  of  their  respective  resi- 
dences. If  said  mayor,  recorder,  councilmen  and  al- 
dermen should  cease  to  reside  within  the  city  of  Mo- 
bile during  the  term  for  which  they  were  elected, 
they  shall  thereby  cease  to  hold  their  office,  and  the 
vacancies  thereby  occasioned  shall  be  filled  as  here- 
inbefore provided,  and  the  appointees  shall  hold  for 
such  unexpired  term.  Should  any  councilman  cease 
to  reside  in  the  ward  for  which  he  was  elected  during 
his  term,  his  office  shall  become  vacant  thereby,  and 
the  vacancy  shall  be  filled  for  the  remainder  of  the 
unexpired  term  by  the  general  council  as  provided. 
On  the  first  Monday  in  March,  1903,  and  on  the  first  ^^^  Coueetor. 
Monday  in  March  every  three  years  thereafter,  a  tax 
collector  shall  be  elected  in  the  same  manner  as  is 
provided  in  this  act  for  the  election  of  mayor,  re- 
corder, city  attorney,  city  engineer  and  city  clerk. 
Said  tax  collector  must  at  the  time  of  his  election 
reside  in  the  city  of  Mobile  and  be  a  qualified  elector 
thereof.  He  shall  hold  his  office' for  a  term  of  three 
years  next  following  the  date  of  his  election  and 
until  his  successor  is  duly  elected  and  qualified.  And 
if  such  tax  collector  cease  to  reside  within  the  cor- 
porate limits  of  the  city  of  Mobile  during  his  term 
for  wiiich  he  was  elected,  he  shall  thereby  cease  to 
hold  his  office,  and  the  vacancy  thereby  created  shall 
be  filled  by  the  general  council,  and  such  appointee 
shall  hold  for  such  unexpired  term.  The  general 
council  which  may  be  in  existence  at  the  time  pro-  "^'°"^" 
vided  for  election  of  city  officers  shall  appoint  three 
inspectors  of  the  aforesaid  election  and  one  return- 
ing officer  for  each  polling  place  in  the  said  wards, 
who  must  be  residents  of  the  ward  for  which  they 
may  be  respectively  appointed.  Said  general  council 
must  also  provide  for  the  opening  of  one  polling 


12 


place  for  voters  at  said  elections  in  each  of  said 
wards.  And  it  may  provide  for  the  opening  of  two 
distinct  boxes  and  offices  at  the  polling  places  in 
the  Sixth,  Seventh  and  Eighth  wards  if  it  deems 
that  necessary.  The  mayor  shall  give  ten  days'  no- 
tice by  advertising  in  some  newspaper  published  in 
the  city  of  Mobile  of  the  time  and  place  of  holding 
said  election  and  of  the  inspectors  and  returning  ofifi- 
cers  of  said  respective  wards.  He  shall  also  cause 
to  be  made  duplicate  copies  of  so  much  of  the  regis- 
tration list  of  the  county  of  Mobile  as  may  embrace 
the  registered  voters  who  reside  within  the  corporate 
limits  of  the  city  of  Mobile,  dividing  the  same  into 
separate  alphabetical  lists  of  the  registered  voters 
of  each  ward.  He  shall  compare  such  copies  with 
the  original  registration  lists  and  correct  the  same 
so  that  they  shall  be  accurate,  and  certify  on  each 
that  it  is  a  correct  list  of  the  registered  voters  for 
the  ward  it  appertains  to.  He  shall  have  free  access 
to  said  registration  lists  for  this  purpose.  One  of 
each  of  said  duplicates  shall  be  filed  with  the  clerk 
of  said  corporation,  where  it  shall  remain  as  a  record 
of  his  office ;  and  on  or  before  the  day  of  election, 
and  before  the  opening  of  the  polls,  he  shall  furnish 
the  inspectors  for  the  respective  wards  with  a  copy 
of  the  list  of  registered  voters  of  the  ward  for  which 
such  inspectors  were  appointed.  It  shall  be  the  duty 
of  the  chief  of  police  of  the  city  of  Mobile  and  of  the 
sherifif  of  Mobile  county  to  preserve  strict  order  at 
such  elections  and  see  that  the  laws  governing  elec- 
tions in  this  State  are  enforced.  Said  elections  shall 
be  conducted  according  to  the  laws  of  the  State  re- 
specting the  election  of  State  and  county  officers 
except  as  otherwise  provided  in  this  act.  No  person 
shall  be  entitled  to  vote  at  said  elections  unless  he 
possesses  the  qualifications  mentioned  in  the  consti- 
tution of  the  State,  nor  unless  he  shall  have  resided 
fifteen  days  within  the  ward  in  which  he  proposes 
to  vote,  and  is  a  registered  voter  in  such  ward.  Said 
inspectors  at  the  several  polls  shall,  immediately  on 


13 

the  closing  of  the  polls,  proceed  and  count  the  bal- 
lots, compare  them  with  the  poll  lists  at  their  re- 
spective polls  and  certify  the  results  of  the  election 
in  their  respective  wards  to  the  mayor.  They  shall 
enclose  the  ballots  cast  in  their  respective  wards  Elections, 
with  the  poll  and  registration  lists  and  their  certifi- 
cates of  said  results  in  the  box  wherein  the  ballots 
cast  at  said  election  were  placed,  and,  after  fastening 
and  carefully  sealing  said  box,  they  shall  deUver  the 
same,  with  its  contents,  to  the  returning  officer  of 
their  ward,  and  the  same  shall  immediately  be  de- 
livered by  him  to  said  mayor,  who  shall  give  such 
returning  officer  his  receipt  for  the  box,  stating 
therein  its  condition  when  received ;  said  mayor  shall 
convene  said  general  council  as  soon  thereafter  as 
practicable ;  said  general  council,  within  one  day 
from  the  time  it  is  so  convened,  shall,  in  public,  open 
said  boxes,  and,  by  a  count  of  the  ballots  (a  com- 
parison thereof  with  the  polls  and  registration  lists 
if  necessary)  and  the  certificates  of  said  inspectors, 
verify  and,  if  necessary,  correct  said  certificates  of 
the  inspectors  for  the  several  polls,  and  declare  ac- 
cordingly the  election  to  their  respective  ofifices  of 
the  persons  who  may  have  received  the  largest  num- 
ber of  legal  votes  cast  for  said  respective  offices. 
Thereupon  the  mayor  shall  give  to  the  persons  so 
declared  elected  certificates  of  election  to  the  offices 
to  which  they  have  been  declared  elected.  Said  cer- 
tificates shall  entitle  the  persons  receiving  them  to 
the  possession  of  the  office  designated  in  the  certifi- 
cate, and  such  persons  respectivel}'  shall  take  pos- 
session of  the  offices  designated  in  their  respective 
certificates  on  the  second  Monday  next  following 
after  that  of  their  election,  and  at  12  o'clock  merid- 
ian of  that  day,  or  as  near  thereto  as  practicable ; 
but  such  persons  shall  severally  take  the  oath  of 
office  prescribed  by  the  constitution  of  the  State  as 
herein  provided.  Should  two  candidates  for  the  same 
office  receive  an  equal  number  of  votes,  the  members 
of  the  retiring  general  council  shall  determine  by'^'*'- 


14 

ballot  which  of  the  two  shall  have  the  office,  and 
thereupon  the  mayor  shall  give  the  one  so  elected 
a  certificate  of  his  election  as  above  provided,  which 
shall  entitle  the  party  receiving  it  to  the  office  spe- 
cified in  the  certificate.  Said  general  council  must 
cause  the  ballots  cast  in  the  several  wards  at  such 
elections  to  be  carefully  sealed  up  and  preserved, 
with  such  poll  and  registration  lists,  for  fifteen  days 
after  the  election  in  which  said  ballots  were  cast; 
after  said  fifteen  days  have  expired  said  mayor  shall 

Contest.  cause  said  ballots  to  be  burned  in  his  presence  unless 

a  contest  of  election  shall  have  been  instituted  in 
the  manner  provided  by  the  laws  of  Alabama  for 
the  contestation  of  elections  and  notice  thereof  in 
writing  served  on  said  mayor  before  the  lapse  of  fif- 
teen days.  Should  a  contest  be  instituted  and  notice 
thereof  given  to  said  mayor  within  the  time  stated, 
he  shall  cause  said  box  and  contents,  duly  sealed,  to 
be  delivered  to  the  judge  in  whose  court  the  contest 
may  be  pending.  The  expenses  of  the  election  au- 
thorized by  this  act  shall  be  paid  by  said  general 
council  in  the  same  manner  as  other  expenses  are 
paid. 

City  Clerk.  Scc.  13.     Be  it  further  enaced,  That  the  city  clerk 

shall  keep  a  true  and  faithful  record  of  the  pro- 
ceedings of  the  general  council,  the  books  of  said 
corporation  and  a  file  of  its  papers  and  documents, 
all  of  which  shall  be  open  to  public  inspection,  and 
he  shall  also  perform  such  other  duties  as  may  be 
required  of  him  by  said  general  council  . 

Officers  elected      Scc.  14.     Be  it  further  enacted.  That  all  persons 

by  council. 

holding  office  under  elections  by  the  general  council 
shall  be  elected  at  the  first  meeting  held  in  the  month 
of  March  after  the  regular  election  by  the  general 
council  which  was  elected  at  such  regular  elections, 
or  as  soon  thereafter  as  practicable,  but  subject  to 
removal  for  cause  at  any  time  by  a  two-thirds  vote 
of  the  general  council.  And  any  of  said  officers  may 
at  any  time,  for  incompetency,  misconduct  or  neglect 
of  duty,  be  suspended  by  the  mayor  for  not  longer 


15 

than  sixty  days,  or  for  incompetency,  misconduct 
or  neglect  of  duty  be  removed  from  office  by  the 
mayor  and  with  the  approval  of  a  two-thirds  vote  of 
the  general  council. 

v^ec.  15.  Be  it  further  enacted,  That  there  shall  o'^'^"^- 
be  elected  by  the  general  council,  at  the  time  pre- 
scribed herein  for  the  election  of  city  officers,  a  chief 
and  assistant  chief  of  the  fire  department,  a  clerk  of 
markets,  a  committee  clerk,  a  license  officer,  a  city 
sexton  and  a  keeper  of  Magnolia  cemetery,  who  shall 
also  care  for  the  Church  street  cemetery  if  required 
by  the  general  council  so  to  do,  who  shall  each  hold 
office  for  three  years  unless  sooner  removed  for  cause 
by  the  general  council.  Said  officers  and  city  clerk, 
city  attorney  and  city  engineer  shall  receive  the  fol- 
lowing annual  salaries,  payable  in  equal  monthly  in- 
stallments, viz  :  Chief  of  fire  department,  fifteen  hun- 
dred dollars ;  assistant  chief  of  fire  department, 
twelve  hundred  dollars ;  clerk  of  markets,  nine  hun- 
dred and  sixty  dollars;  committee  clerk,  one  thous- 
and twenty  dollars ;  license  officer,  eleven  hundred 
dollars ;  city  clerk,  twenty-one  hundred  dollars ;  city 
engineer,  twelve  hundred  dollars ;  city  attorney, 
eighteen  hundred  dollars ;  the  city  sexton  and  keeper 
of  Alagnolia  cemetery  shall  each  receive  such  fees  or 
other  compensation  as  may  be  fixed  by  the  general 
council,  not  to  exceed  those  now  received  by  them, 
respectively.  The  duties  of  such  officers  so  far  as  Duties. 
not  set  forth  in  this  act  shall  be  prescribed  by  ordi- 
nance. No  one  of  them  shall  receive  any  additional 
compensation  for  any  services  rendered  by  him,  ex- 
cept as  hereinafter  provided  by  the  mayor.  Before 
entering  upon  the  discharge  of  the  duties  of  their 
respective  offices,  each  shall  take  an  oath  before  ^^^^ 
some  officer  authorizd  to  administer  oaths  faithfully 
to  perform  the  duties  of  his  office.  All  of  said  offi- 
cers and  the  chief  of  police  and  all  other  officers  and 
employees  of  the  city  government,  when  the  general 
council  deems  it  necessary,  shall  enter  into  bond  for 
the  faithful  performance  of  the  duties  of  their  re- 


16 


spective  offices  with  a  guaranty  company  authorized 
by  law  to  execute  official  bonds  in  this  State  as 
surety  thereon;  provided,  that  such  bond  of  such 
guaranty  company  shall  guarantee  against  and  in- 
demnify for  any  loss  or  damage  that  may  arise  from 
the  negligence,  carelessness  or  malfeasance  in  office, 
of  the  officer  or  employee  entering  into  such  bond ; 
each  such  bond  shall  be  payable  to  the  city  of  Mo- 
bile, in  an  amount  to  be  fixed  by  the  general  council, 
and  shall  not  be  accepted  until  approved  by  such 
general  council.  Any  officer  or  employee  may  be 
required  by  the  general  council  to  give  an  additional 
bond,  to  be  fixed  and  approved  by  it,  whenever  it 
may  deem  that  further  security  in  amount  or  surety 
should  be  required  of  him.  A  failure  to  give  such 
additional  bond  within  ten  days  after  notice  so  to 
do  shall  vacate  the  office  of  the  person  so  required ; 
provided,  that  the  general  council  may  extend  such 
time  at  its  discretion.  The  mayor  shall  appoint  on 
the  first  Monday  in  March,  and  every  six  months 
thereafter,  an  expert  accountant,  who  shall  make  an 
examination  in  detail  of  all  books  and  accounts  of 
the  city  officials  to  cover  a  period  of  six  months 
immediately  preceding  such  examination,  and  make 
a  full  report  thereof  in  writing,  under  oath,  to  be 
read  by  him  to  the  general  council  at  its  first  meet- 
ing after  the  completion  of  said  report,  and  the  same 
shall  be  spread  upon  the  minutes  of  said  general 
council ;  provided,  that  the  same  person  shall  not  be 
appointed  or  authorized  to  make  such  semi-annual 
examination  twice  in  succession,  and  for  his  services 
said  accountant  shall  not  receive  more  than  seventy- 
five  dollars  for  each  semi-annual  examination.  The 
chief  of  the  fire  department  shall,  by  and  with  the 
approval  of  the  mayor,  employ  such  firemen  and 
laborers  as  may  be  necessary  to  secure  an  efficient 

Market  clerk,   fire  department.    The  office  of  clerk  of  markets  may 

be  abolished  at  the  discretion  of  the  general  council. 

Sec.  16.     Be  it  further  enacted.  That  the  tax  col- 

TaxCoiiector.    lector  may  at  any  time  be  removed  by  the  general 


Expert  ac- 
countant. 


Firemen  and 
laborers. 


17 

council  for  inefificiency  or  other  cause  deemed  suffi- 
cient by  two-thirds  of  the  general  council  upon  a 
recorded  vote.  He  shall  collect  all  taxes  and 
licenses,  charges  or  license  tax  as  provided  by  this 
act  and  by  the  ordinances  of  said  general  council. 
His  salary  shall  be  one  hundred  and  fifty  dollars  per 
month,  payable  at  the  end  of  each  month,  and  he 
shall  enter  into  bond  and  security  as  the  said  general 
council  may  prescribe  and  approve. 

Sec.  17.  Be  it  further  enacted,  That  the  recorder  ^'=*=°'''i*^''- 
shall  be  a  conservator  of  the  peace  in  and  for  the 
county  of  Mobile.  He  shall  have  power  to  examine 
and  commit  to  bail  or  discharge  all  persons  charged 
with  criminal  offenses.  He  shall  also  have  juris- 
diction for  final  trial  of  all  misdemeanors  arising 
within  the  corporate  limits  of  the  city  of  Mobile, 
which  are  within  the  criminal  jurisdiction  of  the 
justices  of  the  peace  under  the  general  laws  of  the 
State ;  provided,  however,  that  all  persons  arraigned 
before  said  recorder  charged  with  any  misdemeanor 
may  demand  a  trial  by  jury ;  whereupon  he  shall  re- 
quire every  such  person  to  enter  into  bond  with  suf- 
ficient surety  in  an  amount  to  be  fixed  by  said  re- 
corder for  his  or  their  appearance  at  the  inferior 
criminal  court  of  Mobile  county,  or  the  city  court  of 
^Mobile.  He  shall  hold  a  court  once  in  each  day  in 
the  week,  Sundays  and  legal  holidays  excepted,  at 
a  place  to  be  determined,  fixed  and  furnished  by  the 
general  council  for  the  trial  of  all  persons  charged 
with  offenses  committed  under  this  act,  or  with  a 
breach  of  disobedience  of  any  by-law  or  ordinance 
that  may  now  legally  exist  or  that  may  be  hereafter 
enacted  or  adopted  under  the  authority  of  this  act. 

Recorder's 

Sec.  18.  Be  it  further  enacted.  That  the  recorder  court, 
within  the  limits  of  his  jurisdiction  may  issue  his 
process  as  recorder  for  a  violation  of  the  ordinances 
of  the  city  of  Mobile,  and  as  justice  of  the  peace  for 
violations  of  the  laws  of  the  State  on  complaint 
made  to  him  by  any  person  of  an  offense  committed 
within  his  jurisdiction,  but  when  a  criminal  offense 


18 

under  the  State  law  is  complained  of,  such  complaint 

must  be  made  under  oath.     Such  process  shall  be 

Recorder's        authorizcd  and  required  to  execute  the  same,  but 

court.  ^  ' 

in  offenses  against  the  laws  of  the  State  it  may  also 
be  addressed  to  any  lawful  officer  of  the  State,  and 
in  such  case  it  must  be  executed  by  any  such  lawful 
officer.  Upon  such  process  the  alleged  offender 
shall  be  brought  before  said  recorder,  who  shall 
issue  subpoenas  for  such  witnesses  as  the  accused 
or  the  person  making  the  complaint  may  wish  sub- 
poenaed, or  as  justice  may  require,  and  he  shall 
examine  the  witnesses  who  may  appear  for  and 
against  the  accused  and  try  such  party  and  give 
judgment  as  may  appear  legal  and  just.  If  such  a 
party  be  dissatisfied  with  the  judgment  so  rendered, 
he,  she  or  they  may  appeal  to  the  city  court  of 
Mobile  or  to  the  inferior  criminal  court  of  Mobile 
county  upon  entering  into  bond  in  such  reasonable 
sum  as  the  recorder  may  deem  just,  with  two  good 
and  sufficient  sureties  to  be  approved  by  said  re- 
corder. Such  bond  shall  be  conditioned  that  de- 
fendant shall  appear  at  the  next  term  of  the  court 
to  which  the  appeal  is  taken  and  from  term  to  term 
until  discharged  by  law,  and  in  all  cases  of  violation 
of  the  ordinances  of  said  city  must  be  made  payable 
to  the  city  of  Mobile.  The  proceedings  on  the  appeal 
shall  be  such  as  are  prescribed  by  law  in  other  cases 
of  appeal.  In  appeals  taken  from  the  judgment  of 
said  recorder  for  violations  of  ordinances  of  the  city 
of  Mobile,  if  the  defendant  is  convicted  in  the  court 
to  which  the  appeal  is  taken,  and  he  does  not  pres- 
ently pay  the  sum  assessed  by  the  jury  as  damage 
or  penalty  and  the  cost  of  the  appeal,  the  judge  of 
the  court  to  which  the  appeal  was  taken  shall  sen- 
tence; the  defendant  or  appellant  to  hard  labor  for 
the  city  of  Mobile,  not  to  exceed  three  months,  and 
shall,  by  an  order  entered  upon  the  minutes  of  the 
court,  order  the  sheriffs  to  take  the  appellant  into 
custody,  and,  without  committing  him  to  the  county 
jail,  deliver  him  to  the  proper  authority  of  the  city 


19 

of  Mobile  to  perform  such  sentence  of  the  court.  In 
offenses  against  the  laws  of  the  State  within  the 
jurisdiction  conferred  upon  him  by  section  17  of  this 
act,  the  recorder  may  fine  and  commit  to  prison 
and  also  commit  to  prison  or  sentence  to  hard  labor 
for  the  county  of  Mobile  in  the  same  manner  that 
the  inferior  criminal  court  of  JMobile  county  or  the 
city  court  of  JMobile  are  authorized  by  law  to  do; 
and  for  breaches  of  the  ordinances  of  the  city  of 
Mobile  he  may  fine  and  commit  to  prison  and  also 
commit  to  prison  or  sentence  to  hard  labor  for  the 
city  of  Mobile  for  the  non-payment  of  fines  and  costs 
as  hereinafter  more  particularly  provided.  forfefturel 

Sec.  19.  Be  it  further  enacted,  That  -jII  fines  aiiJ 
forfeitures  adjudged  against  any  person  or  persons 
by  said  recorder  in  the  exercise  of  the  jurisdiction 
conferred  on  him  may  be  enforced  and  collected  by 
execution  against  such  person  or  persons  and  be 
levied  on  his  or  their  eft'ects  and  property.  Such 
execution  shall  be  issued  by  such  recorder  and  di- 
rected to  any  police  officer  of  the  city  of  Mobile  and 
by  him  executed.  Except  as  to  the  address  of  such 
execution  and  the  person  charged  with  their  en- 
forcement, they  shall  in  all  respects  conform  to  and 
be  governed  by  and  be  executed  according  to  the 
laws  regulating  executions  issued  by  justices  of  the 
peace  in  this  State.  Whenever  the  recorder  may 
impose  any  fine  or  penalty  under  the  provisions  of 
this  act,  or  under  any  ordinance  authorized  by  it, 
he  may  also  enter  judgment  and  sentence  that,  if 
said  fine  or  penalty  be  not  paid  promptly,  the  party 
on  whom  the  same  is  imposed  shall  be  imprisoned 
at  the  expense  of  the  city  or  put  to  hard  labor  for 
use  of  the  city  of  Mobile  as  may  be  prescribed  by 
the  ordinances  of  such  city  for  such  time  as  the  re- 
corder may  deem  just  and  right,  but  within  the 
limitation  provided  by  this  act  or  under  its  author- 
ity. If  such  fine  or  penalty  be  not  paid  promptly, 
he  shall,  by  his  warrant,  commit  such  party,  accord- 
mg  to  the  judgment  and  sentence,  to  such  jail  or 


Powers  ( 
council. 


20 


guardhouse  as  may  be  provided  by  said  general 
council,  or  the  custody  of  such  persons  as  may  be 
charged  by  said  general  council  with  the  custody 
of  persons  condemned  by  the  recorder  to  hard  labor. 
The  recorder  shall  not  set  aside  or  reduce  any  fine 
or  other  imprisonment  imposed  by  him  upon  the 
conviction  of  any  person  without  spreading  all  his 
reasons  therefor,  signed  by  him,  upon  the  docket 
or  other  record  of  his  court,  and  he  shall  make  a 
written  report  thereof,  accompanied  by  a  certified 
copy  of  such  statement  of  his  reasons  to  the  general 
council  within  two  days  thereafter. 

Sec.  20.  Be  it  further  enacted,  That  the  general 
council  shall  have  power  to  rent  or  purchase  all  such 
real  estate  or  personal  property  as  may  be  necessary 
and  to  employ  such  clerical  force  as  may  be  neces- 
sary for  the  proper  discharge  of  their  duties,  as  may 
be  determined  by  a  recorded  vote  of  two-thirds  of 
the  general  council,  and  they  shall  have  and  exercise 
full  police  powers  within  the  limits  of  the  city  of 
Mobile.  It  shall  be  their  duty  at  all  times  of  the 
day  and  night,  within  such  limits,  to  preserve  the 
public  peace.  And  its  mayor  or  acting  mayor  or 
the  general  council  itself  is  authorized  to  call  out 
the  military  companies  in  the  said  city  of  Mobile 
to  aid  in  so  doing  whenever  he  or  the  general  council 
may  deem  the  same  necessary.  It  shall  also  be  their 
duty  to  prevent  crime  and  arrest  offenders,  to  pro- 
tect the  rights  of  persons  or  property,  to  guard  the 
public  health,  to  preserve  order,  to  establish  and 
keep  open  and  in  proper  repair  all  sewers  necessary 
to  the  convenience  and  health  of  the  citizens,  and, 
if  necessary,  it  may  extend  such  sewers  beyond  the 
city  limits.  To  cause  to  be  removed  all  nuisances 
that  may  exist,  or  things  likely  to  become  such,  from 
the  streets,  roads,  sidewalks,  alleys  or  other  places 
in  the  aforesaid  limits,  to  see  that  the  streets,  thor- 
oughfares and  other  public  places  are  lighted  at 
night,  to  provide  a  proper  police  force  at  all  fires  for 
the  protection  of  persons  and  property,  and  also  at 


21 

steamboat  and  other  landings  and  at  railway  sta- 
tions or  depots  for  the  protection  of  travelers  and 
others,  and  to  make  and  enforce  regulations  for  the 
proper  police  of  said  city  of  Mobile  and  its  govern- 
ment. 

Sec.  21.     Be  it   further  enacted,  That  its   duties  powers, 
may  be  efficiently  performed',  said  general  council 
shall  have  full  power  and  authority  to   make  and 
adopt  and  declare  by-laws  or  ordinances  not  in  con- 
flict with  the  laws  of  this  State  or  the  United  States, 
and,  the  better  to  effectuate  this,  the  chairman  elect- 
ed to  preside  over  the  meetings  of  the  said  general 
council   shall   have   authority   to   appoint   from   the 
members  of  the  general  council  committees  upon  all 
legislative  questions  and  other  matters  as  he  may 
deem  necessary,  said  committees  to  report  the  result 
of  their  consideration  to  the  general  council,  and  the 
said  by-laws  or  ordinances  adopted  by  the  general 
council  as  above  provided  for  shall  have  force  and 
effect  in  said  city  of  Mobile  for  and  concerning  the 
several  matters  mentioned  in  this  section,  and  there- 
in to  provide  and  declare  such  fines,  penalties  and 
forfeitures,  imprisonment  and  hard  labor  within  the 
limitations  and  restrictions  hereinafter  provided  as 
they  may  deem  appropriate,  and  any  person  or  per- 
sons violating  or  disobeying  such  by-laws  or  ordi- 
nances  may   be   punished   therefor   as   provided   in 
such  by-laws  or  ordinances  upon  conviction  thereof 
before    said    recorder,    who   shall   have   jurisdiction 
and  cognizance  of  such  matters,  that  is  to  say,  said 
general  council  may  make,  ordain  and  declare  such 
by-laws  and  ordinances  for  and  concerning  the  pre- 
vention and   removal   of  nuisance  and  the   preverv 
tion  and   extinction   of    contagious    and    infectious 
diseases,  and  in  giving  effect  to  these  powers  they 
are  to  act  in  co-operation  with  the  board  of  health 
and  delegate  to  said  board  such  executive  authority 
as  the  general  council  and  said  board  of  health  may 
mutually  agree  upon  concerning  the  lighting  of  the 
streets,  avenues  and  public  places,  the  licensing  and 


regulation  of  retail  liquor  dealers  and  of  hackney 
coaches,  carriages,  wagons,  hacks  and  drays,  the 
regulation  of  pawnbrokers,  the  restraint  or  prohi- 
bition of  gambling,  the  regulation  of  theatrical  and 
other  entertainments  and  amusements,  the  estab- 
lishment, regulation  and  management  of  markets, 
the  construction,  repair  and  regulation  of  sewers, 
pipes  and  appurtenances  thereto,  or  thereunder. 
They  may  also  make  ordinances  concerning  rights- 
of-way  and  regulations  of  street  cars,  street  railways 
and  other  railroads  and  their  stations,  the  storing 
and  handling  of  gunpowder,  dynamite,  oil  and  other 
inflammable  and  hazardous  substances,  the  regula- 
tion of  weights  and  measures,  and  may  establish 
and  regulate  magazines  within  or  without  the  city 
and  may  own  and  regulate  property  inside  or  out- 
side of  its  limits  for  magazines,  pest  houses,  quaran- 
tine and  other  purposes.  They  may  also  make  such 
ordinances  concerning  the  establishment  and  regu- 
lation of  fire  wards,  fire  companies  and  fire  depart- 
ments, the  establishment  and  regulation  of  fire  lim- 
its, the  sinking  and  repairing  of  wells,  erection  and 
repairing  of  pumps,  the  removal  or  pulling  down  of 
houses,  fences  and  other  structures,  to  prevent  the 
spread  of  fire  and  to  extinguish  the  same,  the  regu- 
lation of  partition  and  other  fences  and  of  partition 
and  other  walls,  the  prevention  of  disorderly  assem- 
blies and  houses,  and  establishment  and  discontinu- 
ance and  regulation  of  city  cemeteries,  whether 
within  or  without  the  city  limits,  the  regulation  of 
the  burial  of  the  dead  therein,  and  the  prohibition 
of  such  burial  within  the  city  limits  or  within  two 
miles  thereof  except  in  such  cemeteries ;  and  the 
general  council  may  also  pass  such  by-laws  and 
ordinances  as  may  require  vagrancy,  idleness,  dis- 
orderly or  dangerous  and  suspicious  persons,  all  per- 
sons of  evil  life  or  ill  fame,  and  such  as  have  no 
means  of  support,  or  are  likely  to  become  charge- 
able to  the  city  of  Mobile,  or  to  Mobile  county,  as 
paupers,  all  persons  found  drunk  in  or  about  the 


23 

streets  or  loitering  in  or  about  tippling  houses,  or 
who  can  show  no  reasonable  cause  for  not  having 
an  occupation  or  employment  or  business,  or  who^"'^^'"^" 
have  no  fixed  place  of  residence,  or  who  can  not 
give  a  good  account  of  themselves,  all  such  as  may 
be  grossly  indecent  in  language  or  behavior  pub- 
liclv  in  the  streets,  and  all  prostitutes  or  such  as 
lead  a  notoriously  lewd  or  licentious  course  of  life, 
to  leave  the  city  or  pay  a  fine  not  exceeding  fifty 
dollars,  and  said  general  council  may  provide,  upon 
their  failure  or  refusal  to  pay  such  fine  or  leave  the 
city,  for  their  condemnation  to  labor  under  the  di- 
rection of  the  said  general  council  for  a  limited 
time,  not  to  exceed  three  calendar  months,  unless 
such  bond  and  security  shall  be  given  sooner ;  pro- 
vided, that  no  fines  or  penalties  imposed  by  such 
ordinances  or  by-laws  shall  exceed  fifty  dollars  for 
any  offense,  and  provided,  further,  that  any  person 
failing  to  pay  any  fine  or  penalty  imposed  on  him 
under  and  by  authority  of  this  act  may  be  sentenced 
to  hard  labor  for  such  reasonable  time,  not  exceed- 
ing three  calendar  months,  for  any  one  offense,  as 
may  be  by  the  recorder  deemed  equivalent  in  pun- 
ishment to  such  fines  and  penalties  and  the  cost  of 
the  case,  considering  also  the  cost  of  keeping  and 
maintaining  such  persons  ;  any  person  fined  on  wdiom 
a  penalty  is  imposed,  however,  shall  have  a  right 
to  give  a  stay  bond,  wdth  sureties  to  be  approved  by 
said  recorder,  to  pay  such  fine  or  penalty,  with 
costs,  within  thirty  days  from  the  rendition  of  the 
judgment  and  sentence  imposing  the  same,  but  if, 
after  such  bond  and  security,  such  fine  or  penalty 
and  costs  be  not  paid  within  said  thirty  days,  or  if 
any  appeal  bond  be  not  properly  paid  after  the 
judgment  against  the  appellant,  then  execution  for 
the  collection  of  the  same  may  be  issued  against  the 
obligators  in  the  bond,  and  no  property  shall  be 
exempt  from  sale  under  such  execution. 

Sec.  22.     Be  it  further  enacted.  That    no    claim  suits,  against 
against  the  city  of  Mobile,  whether  arising  ex  con- 


24 

tractu  or  ex  delicto,  shall  be  sued  on  until  a  state- 
ment thereof  giving  date  of  actual  name  and  resi- 
dence of  original  claimant  and  of  assignee,  if  any, 
circumstances  and  amount  claimed  shall  have  been 
filed  with  the  city  clerk  for  the  consideration  of  the 
general  council  and  either  rerjected  by  them  or  held 
by  them  for  sixty  days  without  action. 
fn^^r'eeu^^  Scc.  23.  Be  it  further  enacted,  That  the  city  au- 
thorities shall  not  grant  any  right-of-way  over  or 
right  to  use  any  street  or  public  way  or  part  thereof, 
except  to  the  person  or  corporation  offering  the 
highest  percentage  of  gross  annual  receipts  to  be 
derived  from  the  business  so  using  the  right-of-way 
or  street  or  public  place  during  the  term  thereof, 
after  deducting  from  such  receipts  only  the  taxes 
paid  by  reason  of  such  use ;  provided,  that  when,  in 
the  judgement  of  said  general  council,  a  percentage 
compensation  is  not  practicable,  there  shall  be  en- 
acted and  collected  by  the  city  an  annual  lump  sum 
for  such  privilege.  No  such  privilege  shall  be 
granted  until  publication  of  application  therefor  has 
been  made  in  some  newspaper,  and  proposals  of  per- 
centage or  annual  lump  sum,  as  the  case  may  be, 
shall  have  been  filed  in  writing  with  the  city  clerk 
and  opened  by  the  clerk  in  presence  of  the  mayor 
and  chairman  of  the  general  council.  In  order  to 
ascertain  the  amount  of  compensation  due  the  city 
by  such  person  or  corporation  under  the  provisions 
of  this  section,  a  sworn  statement  shall  be  made  by 
such  person  or  some  proper  representative  of  such 
corporation  annually,  on  the  first  day  of  April, 
showing  the  gross  income  derived  from  such  fran- 
chise, giving  in  detail  the  sources  thereof  and  the 
deduction  claimed  for  taxes  actually  assessed  and 
collected,  and  the  city  clerk  or  the  person  desig- 
nated by  him  shall  have  free  access  to  all  the  books, 
papers  and  documents  of  such  person  or  corporation. 
All  privileges,  rights  or  franchises  hereinafter  grant- 
ed and  used  otherwise  than  in  accordance  with  the 
terms  of  this  section  shall  be  null  and  void. 


Sec.  24.  Be  it  further  enacted,  That  the  general 
council  shall  have  the  power  to  establish  and  declare 
by  ordinance  a  designated  line  along  the  river  front, 
within  the  corporate  limits  of  the  city  of  Mobile, 
beyond  which  wharves  or  other  constructions  shall  wharves, 
not  be  erected  or  extended  after  the  passage  of  said 
ordinance,  unless  the  legislature  has  created  or  shall 
create  an  harbor  or  dock  commission,  clothed  with 
the  power  of  regulating  wharf  and  boom  lines  in 
that  portion  of  Mobile  river,  in  which  case  the  power 
of  the  general  council  in  the  premises  shall  be  sus- 
pended as  long  as  said  commission  is  clothed  with 
such  power ;  provided,  however,  that  such  ordinance 
shall  not  affect  any  wharves  or  construction  then  al- 
ready established.  It  shall  also  have  power  to  de- 
termine and  declare  by  ordinance  to  what  extent 
and  in  what  manner  wharves  or  other  construction 
along  said  river  front  shall  be  built  or  erected,  and 
when  and  with  what  kind  of  material  the  same  may 
be  filled  in.  They  shall  also  have  the  power  to  pass 
ordinances  to  enforce  obedience  to  all  lawful  orders 
of  the  harbormaster  and  wardens  of  the  port  of  Mo- 
bile, or  to  those  of  said  wardens  or  those  of  any 
number  of  the  persons  named  who  are  authorized  to 
act  and  give  such  orders,  and  it  may  provide  in 
such  ordinances  any  punishment  for  breaches  of 
said  ordinances  as  may  be  prescribed  by  said  gen- 
eral council  for  violation  of  the  ordinances  author- 
ized by  it.  The  recorder  shall  have  jurisdiction  to 
hear  and  determine  all  charges  or  complaints  made 
of  violation  of  such  ordinances  and  to  punish  the 
same  as  provided  in  such  ordinances,  and  to  enforce 
such  punishment,  just  as  he  is  authorized  to  hear 
and  decide  charges  for  the  violation  of  other  ordi- 
nances of  said  city  of  Alobile  and  to  punish  for  vio- 
lation of  the  same.  Said  general  council  may  abate 
any  nuisance  on  or  along  said  river  front. 

Sec.  25.     Be  it  further  enacted.  That  the  duties  of  Police  force, 
said  mayor  and  general  council  shall  be  more  especi- 
ally executed,  except  as  other  provided,  by  a  police 


26 

force,  which  shall  be  under  the  direction  and  con- 
trol of  the  mayor,  and  it  shall  be  composed  of  such 
number  of  officers  and  men  as  said  general  council 
may  deem  necessary  for  the  proper  execution  of 
the  powers  vested  in  said  city.  In  case  of  emergen- 
cies or  threatened  riots,  special  policemen  may  be 
appointed,  but  not  for  a  longer  period  than  three 
days  at  a  time. 

Sec.  26.  Be  it  further  enacted,  That  said  general 
council,  from  time  to  time,  shall  fix  the  salaries  and 
pay  of  such  police  officers  and  men  (which  pay  and 
that  of  other  city  officers  shall  not  be  subject  to 
garnishment),  and  shall  promptly,  at  the  end  of  each 
month,  apply  and  pay  so  much  of  the  funds  pre- 
scribed by  the  act  as  may  be  necessary  to  pay  such 
officers  and  men,  and  shall  issue  warrants  for  the 
same ;  said  general  council  is  also  authorized  to 
adopt,  from  time  to  time,  rules  and  regulations  for 
the  proper  government  and  discipline  of  subordinate 
officers  and  employees,  and  the  duties  of  the  pohce 
force  shall  be  executed  in  accordance  therewith. 

Sec.  27.  Be  it  further  enacted,  That  each  member 
of  the  general  council  and  every  officer  in  the  service 
of  the  general  council  shall  take  and  subscribe  an 
oath  or  affirmation  to  support  the  constitution  of 
the  United  States  and  the  constitution  of  the  State 
of  Alabama,  and  to  faithfully  and  honestly  dis- 
charge the  duties  of  his  office.  This  oath  or  affirma- 
tion may  be  administered  by  any  officer  authorized 
by  law  to  administer  an  oath,  and  it  shall  be  taken 
before  such  members  of  the  general  council,  or  other 
officer,  shall  enter  upon  the  duties  of  his  office,  and 
it  shall  be  filed  with  the  said  clerk. 
Taxes.  Scc.  28.     Be  it  further  enacted.  That,  in  order  to 

defray  the  expenses  of  carrying  out  the  provisions 
of  this  act,  said  general  council  is  authorized  and 
empowered  to  levy  and  collect  for  each  year  upon 
all  real  and  personal  property  and  all  subjects  of 
State  taxation  within  said  city  of  Mobile,  except  the 
tax  levied  on  polls,  a  tax  not  exceeding  six-tenths 


Oath  of  office. 


27 

of  one  per  cent,  of  the  value  of  such  property  or 
subjects  of  taxation  as  assessed  for  State  taxation 
during  the  year  preceding  that  for  which  said  gen- 
eral council  may  assess  and  lay  the  tax  above  pro- 
vided for. 

Sec.  29.  Be  it  further  enacted,  That  the  taxable  Tax  assessor, 
property  of  each  tax  payer,  and  the  subjects  of  taxa- 
tion on  which  he  is  taxable,  and  the  amount  of  value 
of  each  item  or  items  thereof,  as  valued  by  the  as- 
sessor of  Mobile  county  for  the  preceding  year 
(mentioned  in  section  28),  shall  be  asecertained  and 
fixed  by  the  aforesaid  tax  assessor's  book  of  such 
year,  made  by  him  under  the  requirements  of  the 
general  revenue  laws  of  the  State,  and  any  supple- 
mental assessments  that  may  have  been  made  for 
each  year  and  corrected,  all  as  provided  by  such 
general  revenue  laws. 

Sec.  30.  Be  it  further  enacted,  That  said  general  Assessor's 
council  shall  cause  a  copy  of  so  much  of  said  tax^*^^®- 
assessor's  book  as  embraces  the  assessed  property 
and  subjects  of  taxation  in  the  city  of  Mobile  cor- 
rected as  aforesaid  for  such  preceding  year  to  be 
made  and  entered  in  a  bound  book  properly  pre- 
pared for  that  purpose ;  but,  when  the  property  or 
subjects  of  taxation  have  changed  owners  since  said 
assessments  on  it  were  made  by  said  tax  assessors, 
said  copy  shall  be"  corrected  as  to  show  its  true 
owner  at  the  commencement  of  the  year  for  which 
the  tax  provided  for  in  this  act  is  to  be  laid,  and 
so  as  to  show  against  whom  the  tax  on  each  is  laid. 
If  the  property  or  subject  of  taxation  has  since  such 
assessment  been  destroyed  or  greatly  damaged  by 
fire  or  other  cause,  this  also  shall  be  noted,  with  the 
estimated  amount  of  damage,  which  shall  be  de- 
ducted from  the  assessment. 

Sec.  31.     Be  it  further  enacted.  That,  as  soon  as  ^^^tyofcierk. 
the  book  provided  for  in  the  preceding  section  is 
made  and  corrected,  it  shall  be  filed  with  the  clerk 
of  the  said  general  council,  where  it  shall  remain 
for  twenty  days  open  to  pubhc  inspection,  and  no- 


28 

tice  of  that  fact  shall  be  immediately  given  by  said 
clerk  by  the  publication  of  a  notice  to  that  effect 
for  ten  consecutive  days  in  some  newspaper  pub- 
lished in  said  city  of  Mobile.  Any  person  charged 
in  said  book  as  the  owner  of  any  property  or  sub- 
ject of  taxation  which  he  was  not  the  owner  of  on 
the  first  day  of  January  of  the  year  for  which  the 
tax  therein  provided  for  is  to  be  laid,  shall,  within 
said  twenty  days,  file  with  said  clerk  his  affidavit 
to  that  effect,  and,  if  he  knows  who  the  owner  is, 
he  shall  state  that  fact,  or  that  he  does  not  know. 
Any  tax  payer  may  also  file  objections  to  the  cor- 

Objections.  rcctucss  of  said  book  as  a  copy  of  the  aforesaid  books 
of  the  tax  assessor  of  Mobile  county,  designating 
wherein  such  copy  does  him  injustice.  Upon  notice 
by  the  clerk  of  said  board  that  such  objections  have 
been  filed,  said  general  council  shall  meet  and  hear 
and  decide  all  such  objections,  and  correct  said 
book  accordingly,  and  their  decisions  in  such  ob- 
jections and  as  to  all  corrections  to  be  made  shall 
be  final.  The  general  council  may  also,  of  their 
own  motion,  correct  any  errors  of  ownership  as 
aforesaid,  but  in  no  event  shall  it  change  such  val- 
uation except  in  case  of  deterioration,  provided  for 
in  the  preceding  section.  The  general  council  shall 
continue  their  sessions  from  day  to  day  until  all 
objections  so  filed  are  disposed  of  . 

Tax  levy.  Scc.  32.     Be  it  further  enacted.  That,  as  soon  as 

practicable  after  the  lapse  of  said  twenty  days,  said 
general  council  shall  lay  and  levy  for  the  current 
year  the  tax  authorized  by  section  28  of  this  act  on 
all  the  property  and  subjects  of  taxation  so  listed 
and  undervalued  in  the  book  mentioned  in  sections 
30  and  31  of  this  act  corrected  as  aforesaid. 

Tax  Lien.  gec.   33.     Be  it   further  enacted.  That  the  taxes 

levied  under  this  act  shall  have  the  force  and  effect 
of  a  judgment  at  law  against  the  person  assessed 
therewith,  and  for  said  taxes  the  said  city  of  Mobile 
and  the  general  council  shall  have  a  preference  over 
all  encumbrances  and  securities  whatsoever  (except 


29 

county  and  State  taxes),  and  all  taxes  assessed 
against  the  property  or  subjects  of  taxation  of  any 
person  or  persons  under  this  act,  or  for  which  such 
person  may  become  liable  for  the  current  year,  shall 
be  a  lien  upon  the  real  and  personal  estate  of  such 
persons  within  said  city  of  Mobile  from  the  first  day 
of  January  of  that  year,  or,  if  brought  into  the  city 
after  that  time,  that  lien  shall  attach  from  the  day 
it  is  brought  in. 

Sec.  34.  Be  it  further  enacted.  That,  after  the  Duty  of  mayor 
said  taxes  shall  be  so  fixed  and  levied,  the  tnayor 
shall  certify  the  same  at  the  end  of  said  tax  book 
and  append  thereto  his  warrant,  directed  to  the  tax 
collector  of  said  city  of  Mobile,  authorizing  and 
commanding  him  to  collect  the  taxes  so  levied,  and 
shall  deliver  said  tax  book  and  warrant  to  said  tax 
collector,  and  the  said  tax  collector  shall  thereupon  rj.^^  collector, 
forthwith  notify  the  public  by  advertisement  for 
thirty  days  in  some  newspaper  published  in  the  cit}; 
of  Mobile  that  he  is  ready  to  receive  payment  of 
the  taxes  so  levied. 

Sec.  35.  Be  it  further  enacted,  That,  after  thirty  pg^j^nd. 
days  have  elapsed  for  the  publication  of  such  notice, 
the  said  tax  collector  or  his  deputy  shall  make  a 
personal  demand  upon  delinquent  tax  payers  where- 
ever  they  may  be  found  for  the  amount  of  their 
taxes  and  costs,  and  whenever  unable  to  find  them 
shall  leave  a  written  or  printed  notice  at  the  place 
of  residence  of  such  tax  payers,  requirng  them  to 
come  forward  and  pay  such  taxes  and  costs  imme- 
diately, and  for  giving  such  notice  the  tax  collector 
shall  collect  fifty  cents;  and  it  shall  be  the  duty  of 
such  delinquents  forthwith  to  make  payment  in.  full 
of  their  taxes  and  fees  to  the  tax  collector  at  his 
offtce,  but  no  demand  or  notice  shall  be  necessary  to 
tax  payers  who  are  non-residents  of  said  city. 

Sec.  36.     Be  it  further  enacted.  That  the  tax  col- Account  of 
lector  of  said  tax  shall  be  charged  with  and  be  ac-"*  ^  °^' 
countable  for  the  whole  amount  of  the  assesed  taxes 
for  the  year,  and  he  shall  only  discharge  himself 


30 

from  such  accountability  by  showing  that  the 
amounts  unpaid  could  not  have  been  collected  by 
the  exercise  of  the  means  given  him.  He  shall  issue 
garnishment  process  for  collection  of  taxes  and  li- 
cense as  on  judgment  returnable  to  any  court  hav- 
ing jurisdiction  of  the  amount. 

Delinquents.  Scc.  37.  Be  it  further  enacted,  that  all  taxes 
levied  under  this  act  which  are  not  paid  at  the  end 
of  ninety  days  from  the  date  of  the  first  publication 
of  the  notice  required  by  section  30  of  this  act  shall 
be  in  arrears  and  delinquent  from  that  date;  upon 
all  taxes  paid  in  advance  of  such  date,  an  abatement 
shall  be  allowed  of  one  per  cent,  per  month  on  the 
amount  of  such  tax  for  each  and  every  month  so 
paid  in  advance,  and  upon  all  taxes  which  shall  be 
delinquent  and  unpaid  on  the  aforesaid  date  a  pen- 
alty of  one  per  cent,  on  the  amount  thereof  shall  be 
added  on  the  first  day  of  each  month  subsequent  to 
such  date  of  all  such  taxes  as  may  then  remain  de- 
linquent and  unpaid,  to  be  collected  as  said  taxes  are 
authorized  to  be  collected. 

Levy.  Sec.  38.     Be  it  further  enacted.  That,  after  the 

expiration  of  ninety  days  from  the  first  publication 
of  the  tax  collector's  notice  aforesaid,  the  tax  col- 
lector may  levy  upon  and  seize  any  personal  prop- 
erty, if  there  be  any,  and  if  there  be  none,  or  not 
sufficient  personal  property,  then  upon  the  real  es- 
tate of  such  delinquent  tax  payer ;  provided,  how- 
ever, that  a  failure  to  levy  on  and  sell  any  personal 
property  for  taxes  shall  not  vitiate  the  sale  of  real 
estate  of  any  delinquent  tax  payer  and  the  cost  of 
such  sale,  and  no  personal  property  so  sold  for  taxes 
shall  be  subject  to  redemption.  But,  when  real 
estate  is  levied  on,  notice  of  the  sale  shall  be  given 
ten  days  before  the  day  of  sale  in  some  newspaper 
published  in  the  city  of  Mobile,  and  a  copy  of  such 
newspaper  containing  the  notice  shall  be  filed  in  the 
tax  collector's  office.  The  land  may  be  described  by 
such  numbers  and  abbreviations  as  will  clearly  indi- 
cate the  property  to  be  sold.     The  sale  shall  be  at 


31 

the  court  house  of  Mobile  county,  and  commence  on 
the  day  indicated  in  the  notice,  and  the  sales  may  be 
continued  from  day  to  day  until  completed. 

Sec.  39.  Be  it  further  enacted,  That  all  sales  by  Tax  sales, 
the  tax  collector  of  property  for  taxes,  he  shall  at- 
tend and  bid  off,  in  the  name  of  and  for  the  city  of 
Mobile,  as  purchaser,  all  the  lots  and  lands  on  which 
the  tax  collector  can  not  get  a  bid  from  other  persons 
to  the  amount  of  taxes  and  expense  of  sale,  and  the 
said  city  of  Mobile  shall  have  a  certificate  of  pur- 
chase, and  to  be  vested  with  all  the  titles  to  the 
property  so  bought  in,  subject  to  the  right  of  le- 
demption  hereinafter  provided.  When  any  real 
property  shall  be  sold  by  the  tax  collector  for  the 
non-payment  of  taxes,  he  shall  give  the  purchaser  at 
such  sale  a  certificate  to  the  following  effect :     I, 

,   tax  collector  of  the  city   of  Mobile, 

do  hereby  certify  that  the  city  taxes  for  the  year 
19 —  (or  particular  tax  assessment,  as  the  case  may 

be),  amounting  in  all  to  $ ,  being  due 

and  unpaid  by  (A.  B.)  the  owner  or  agent  thereof,  I 
have  this  day  sold  for  the  payment  of  taxes  due  by 
the  said  (A.  B.)  and  for  the  collection  of  costs  and 
of  levy  and  sale  to  (C.  D.),  who  has  paid  the  amount 
of  taxes  due  as  above,  the  following  piece,  parcel  or 
lot  of  land,  lying  in  the  city  of  Mobile,  and  bounded 
and  described  as  follows:  (Insert  description  of 
land  so  as  to  clearly  designate  it).  By  virtue  of  the 
power  vested  in  me  by  law,  I  do  hereby  authorize 
the  said  (C.  D.)  to  have  and  to  hold  the  above  de- 
scribed lands  and  tenements  until  the  same  shall  be 
redeemed  according  to  the  provisions  of  this  act.  In 
witness  whereof  I  have  hereunto  set  my  hand  and 

affixed  the  seal  of  this  corporation,  this day 

of ,  19 — .    (A.  B.)  tax  collector.     Any  real 

property  sold  under  the  provisions  of  this  act  may 

be  redeemed  by  the  owners  of  any  person  interested  J^^^^J,,*^" 

therein,  within  two  years  after  said  sale,  by  paying 

to  the  city  of  Mobile  the  amount  of  purchase  money, 

all  subsequent  taxes  and  costs  that  may  have  been 


32 

paid  by  the  purchaser,  and  interest  at  the  rate  of 
fifteen  per  cent,  per  annum,  and  thereupon  shall  re- 
ceive a  certificate  of  redemption  therefor.  It  shall 
be  the  duty,  of  said  tax  collector  to  keep  in  his  office 
a  book  provided  for  that  purpose,  and  conveniently 
Certificate.  indexed,  a  record  of  all  certificates  of  purchase  is- 
sued by  the  tax  collector,  and  when  any  real  estate 
shall  be  redeemed  as  hereinbefore  provided,  it  shall 
be  the  duty  of  said  tax  collector  to  note  such  re- 
demption on  such  records,  and  when  the  purchaser 
or  his  assignee  shall  demand  the  money  paid  on 
such  redemption,  shall  pay  the  same  to  such  pur- 
chaser or  assignee  upon  the  surrender  of  the  certifi- 
cate of  purchase,  and  upon  his  failure  to  do  so,  the 
said  tax  collector  and  his  bondsmen  shall  be  respon- 
sible to  the  person  entitled  to  such  redemption 
money.  Said  tax  collector  shall  give  to  the  person 
redeeming  any  real  property  a  certificate  of  redemp- 
tion, signed  by  him,  setting  forth  the  facts  of  the 
sale,  substantially  as  contained  in  certificate  of  sale, 
the  date  of  redemption,  the  amount  paid,  and  by 
whom  redeemed,  and  such  certificate  shall  be  prima 
facie  evidence  of  the  facts  therein  stated.  The  said 
tax  collector  shall  make  such  report  of  redemption 
of  property  as  the  said  corporate  authorities  may 
require.  After  the  expiration  of  the  term  of  two 
years  from  the  date  of  sale  of  any  real  property 
for  taxes,  under  the  provisions  of  this  act,  the  said 
tax  collector  then  in  office  shall,  upon  the  application 
of  holders  of  certificates  of  pijrchase,  make  out  a 
deed  for  such  lot  or  parcel  of  real  property  sold  and 
remaining  unredeemed,  and  deliver  the  same  to  the 
purchaser  or  his  endorsee,  upon  the  return  of  the 
certificate  of  purchase,  the  payment  of  all  subse- 
quent taxes  on  such  property,  and  the  payment  of 
one  dollar  for  the  deed,  but  any  number  of  parcels 
of  real  property  for  which  one  person  may  hold  cer- 
tificates of  purchase  may  be  included  in  one  deed,  as 
may  be  desired  by  the  purchaser.  Such  deed  shall 
be  signed  by  the  said  tax  collector  in   his   official 


33 

capacity,  and  acknowledg'ed  by  him  before  some 
officer  autliorized  to  take  acknowledgment  of  deeds, 
and,  when  sul)stantially  thns  executed,  shall  vest  in  Deed, 
the  grantee  all  the  right,  title,  interest  and  estate 
of  the  former  owner  or  owaiers  in  and  to  the  lands 
conveyed,  free  from  all  encumbrances  by  such  for- 
mer owner  or  owners  made  or  suffered  (except  State 
and  county  taxes).  And  each  of  such  deeds  shall  be 
prima  facie  evidence  in  all  the  courts  of  this  State, 
and  all  controversies  and  suits  in  relation  to  the 
right  of  the  grantee  therein,  his  heirs  or  assigns,  to 
the  lands  thereby  conveyed,  of  the  facts  recited  in 
the  deed,  of  the  regularity  of  the  proceedings  in  the 
assessment  and  sale  of  said  property  required  by 
this  act,  and  the  title  and  right  of  entry  to  the 
grantee,  his  heirs  or  assigns. 

Sec.  40.     Be  it  further  enacted.  That,  should  said  collection  of 

Taxes. 

general  council  require  further  or  other  means  of 
collecting  the  taxes  authorized  by  this  act,  it  may, 
by  an  ordinance,  substitute  for  any  of  the  fore- 
going provisions  the  provisions  contained  in  the 
State  tax  law  then  in  force,  or  any  part  of  such  pro- 
visions for  the  collection  of  such  taxes  by  the  tax 
collector  of  the  city  of  Mobile  so  far  as  the  same 
may  be  applicable,  and  shall  have  the  same  right 
to  sell  property  and  make  title  to  property  sold  for 
taxes  as  provided  for  collecting  State  and  county 
taxes,  and  said  general  council,  in  adopting  such 
provisions,  shall,  by  the  ordinances  adopting  the 
same,  declare  which  of  such  provisions  it  adopts,  and 
in  such  ordinance  it  may  change  the  provisions  so 
far  as  to  substitue  its  tax  collector  for  that  of  the 
State  or  cormty  tax  collector,  and  so  as  to  adopt  the 
provisions  relating  to  State  and  county  taxes,  to 
the  collection  of  the  taxes  authorized  b}^  this  act. 

Sec.  41.     Be' it  further  enacted,  That  the  tax  col- insolvents, 
lector  of  the  city  of  Mobile  shall  have  the  power  to 
collect  the  taxes  levied  under  this  act  from  insolvent 
or  defaulting  tax  payers  by  process  of  garnishment, 
in  the  same  manner  and  bv  the  same  proceedings  as 


Property  sold 


34 


is  or  may  be  provided  by  law  for  the  collection  of 
State  and  county  taxes,  and  the  same  duty  is  im- 
posed on  him,  and  the  same  powers  and  means  are 
given  to  him,  for  the  collection  of  State  and  county 
taxes ;  and  the  fees  and  costs  shall  be  allowed  out  of 
the  funds  garnisheed  as  are  allowed  by  said  laws  in 
the  cases  therein  provided  for.  Said  taxes,  when 
due,  shall  be  ascertained  and  collected  and  paid  over 
to  the  city  by  the  sheriff  of  Mobile  county  when- 
ever he  sells  property  under  execution  or  other  legal 
process  in  the  same  manner  as  is  or  may  be  required 
of  him  in  reference  to  the  collection  of  State  and 
county  taxes  in  similar  cases. 

Sec.  42.  Be  it  further  enacted.  That  whenever 
any  property  in  said  city  has  been  sold  for  State 
and  county  taxes  (either  or  both)  and  bought  in  for 
the  State  or  county,  the  city  may  pay  such  taxes  and 
fees  or  make  such  arrangeiuent  with  the  State  as 
is  possible  to  carry  the  property  in  the  city's  name 
on  the  city's  credit  with  the  State,  and  upon  such 
purchase  the  city  shall  be  invested  with  all  the  liens 
which  the  State  and  county  had  before  the  sale  of 
said  property.  After  such  purchase  by  the  city  the 
said  property  may  be  sold  for  the  payment  of  all 
city  taxes  and  for  the  re-payment  to  the  city  of  any 
assessements  and  interests  due  thereon  for  the  re- 
payment to  said  city  of  the  amount,  with  interest 
thereon,  paid  to  the  State  or  county  or  assumed  by 
the  city  for  the  lien  on  said  property  by  said  city 
and  for  the  expenses  of  the  sale,  in  the  same  manner 
and  through  the  same  machinery  now  provided  for 
the  sale  of  property  for  failure  to  pay  city  taxes  or 
assessments.  Whenever  any  property  thus  sold  is 
sought  to  be  redeemed,  the  owner  shall  pay  the 
amount  of  taxes  and  assessments  of  State,  county 
and  city  for  which  said  property  was  sold,  and  also 
cost  of  said  sale,  and  of  said  redemption,  and  pay 
such  other  amounts  as  are  required  in  the  redemp- 
tion of  property  sold  for  taxes  by  the  said  city.  But 
no  redemption  of  property  sold  for  taxes  under  this 


35 


section  shall  (except  in  cases  in  which  the  city  has 
been  the  purchaser,  and  then  only  with  the  consent 
of  the  aldermen)  be  allowed  after  three  years  from 
date  of  such  sale. 

Sec.  43.  Be  it  further  enacted,  That  the  said  Licenses, 
general  council  shall,  besides  the  tax  heretofore  au- 
thorized, have  authority  to  assess  and  collect  from 
all  persons  or  corporations  trading  or  carrying  on 
any  business,  trade  or  profession  by  an  agent  or 
otherwise  within  the  limits  of  said  coporation,  a 
license  tax,  which  shall  be  fixed  and  declared  each 
year  by  ordinance  of  said  corporation,  and  the  li- 
cense so  paid  shall  be  issued  and  the  amount  im- 
posed shall  be  collected  as  may  be  provided  by  ordi- 
nances of  said  corporation ;  provided,  that  not  more 
than  one  license  under  this  act  shall  be  assessed 
against  or  collected  from  partners  trading  or  busi- 
ness done  under  a  firm  name ;  provided,  further,  that 
no  license  shall  be  exacted  from  any  mechanic  who 
employs  no  capital,  but  conducts  his  trade  solely 
by  his  own  skill  and  attention,  without  the  aid  of 
employes.  A  vehicle  license  may  be  imposed  in 
addition  to  business  license,  provided  that  said  li- 
cense shall  only  apply  to  vehicles  used  in  the  trans- 
portation of  goods  or  merchandise  and  vehicles  used 
for  hire  at  the  public  stands.  Said  general  council 
may  also,  by  ordinace,  impose  such  fines  and  pen- 
alties within  the  limitations  named  in  this  act  as 
they  may  deem  advisable  for  the  doing  of  any  busi- 
ness or  the  carrying  on  of  any  trade  or  the  prac- 
ticing of  any  profession  by  any  parties  who  shall  fail 
to  take  out  such  license  that  may  be  imposed  by  said 
general  council  under  the  authority  conferred  by 
this  act;  in  addition  to  the  license  tax  imposed  on 
livery  stables,  there  shall  be  an  additional  license 
tax  not  exceeding  one  dollar  for  every  carriage  and 
fifty  cents  for  every  buggy  owned  and  used  for  hire 
by  such  livery  stable ;  except  also  that  all  variety 
houses  and  other  places  where  songs  and  music  or 
dancing  or  exhibited,  and  wines  or  vinous,  malt  or 


36 


Bill  in 
Chancery. 


Tax  Collectors 
duties. 


spirituous  liquors  are  sold  there  may  be  a  license  tax 
to  an  amount  not  less  than  one  hundred  and  fifty 
dollars  nor  more  than  one  thousand  dollars,  except 
also  that  for  every  circus,  with  or  without  a  me- 
nagerie, there  may  be  a  license  tax  imposed  per  day 
not  to  exceed  one  hundred  dollars.  But  no  license 
of  any  kind  shall  be  granted  except  to  respectable 
people  and  for  lawful  business,  and  the  mayor  shall, 
upon  satisfactory  proof,  revoke  all  license  found  to 
be  otherwise,  and  also  where  the  business  is  con- 
ducted in  a  disorderly  manner  or  disorder  is  per- 
mitted in  or  about  the  premises  licensed. 

Sec.  44.  Be  it  further  enacted.  That  in  any  case 
in  which  taxes  for  the  use  of  said  municipal  cor- 
poration or  of  any  one  or  more  of  its  municipal  pre- 
decessors has  been  assessed  upon  property  which 
has  ben  bid  in  by  the  State  at  a  tax  sale,  or  should 
have  been  assessed  thereon  but  for  such  sale,  and 
such  tax  title  still  remains  in  the  State,  it  shall  be 
lawful  for  the  mayor  of  the  city  of  Mobile  or  for  the 
general  council  thereof,  by  resolution,  to  instruct 
the  city  attorney  to  file  a  bill  in  equity  against  such 
property  for  the  collection  of  such  taxes.  Upon 
being  so  instructed,  said  attorney  shall  file  a  bill  in 
equity  in  the  chancery  court  of  Mobile  county,  or  in 
any  other  court  in  said  county  having  general  equity 
jurisdiction.  Such  bill  shall  be  filed  in  the  names  of 
the  State  of  Alabama,  the  city  of  Mobile  as  com- 
plainant, but  at  the  risk  of  the  city  of  Mobile  as  to 
all  costs  and  expenses,  and  the  State  shall  incur  no 
liability  for  any  part  thereof.  The  tax  collector 
hereinafter  mentioned  as  a  tax  collector  for  the  old 
city  debt,  acting  under  the  act  for  the  adjustment 
and  settlement  of  the  then  existing  indebtedness  of 
the  late  corporation  known  as  the  mayor,  aldermen 
and  common  council  of  the  city  of  Mobile,  approved 
December  8,  1880,  and  the  person  to  whom  such 
property  was  assessed  at  the  time  of  the  tax  sale,  or 
his  personal  representatives,  heirs,  devisees  and  leg- 
atees thereof,   if  dead,   and   also   any   other  person 


37 

known  to  have  any  interest  therein,  shall  l^e  made 
parties  defendant  to  such  bill.  It  shall  describe  such 
property  with  sufficient  certainty  for  conveyance 
thereof,  corecting  any  errors  or  uncertainties  in  the 
description  by  which  it  was  sold.  It  shall  allege  the 
sale  of  such  property  and  its  purchase  by  the  State, 
and  the  date  thereof  that  the  tax  title  so  acquired 
still  remains  in  the  State,  and  the  several  years  for 
which  taxes  thereon  have  not  been  fully  paid  to  the 
State,  county  of  Mobile  and  the  city,  respectively, 
and  that  taxes  thereon,  all  justly  due  to  said  tax 
collector  of  the  old  city  debt,  but  it  need  not  allege 
the  amount  of  any  such  taxes,  and  it  shall  be  suf- 
ficient for  it  to  pray  generally  for  such  relief  as  may 
seem  meet  to  the  court. 

Sec.  45.  Be  it  further  enacted,  That  the  proceed- infants,  etc. 
ings  in  such  suit  as  to  notices  to  parties,  the  repre- 
sentation of  infants  and  persons  of  unsound  mind, 
and  in  all  respects  not  otherwise  herein  provided, 
shall  be  governed  by  the  laws  and  rules  of  practice 
regulating  proceedings  in  chancery  courts,  and  the 
parties  thereto  shall  have  the  same  rights  of  appeal 
as  in  other  equity  suits. 

Sec.  46.     Be  it  further  enacted,  That  it  shall  not  Answers  by 

1  1-1  I-  •  1        1   1        •        collector. 

be  necessary  for  the  tax  collector  of  said  old  city 
debt  to  file  any  answer  or  other  pleading  in  any  such 
cause,  and  no  decree  pro  confesso  shall  be  taken 
against  him  for  want  of  answer  or  pleading,  but  the 
cause  shall  stand  at  issue  as  to  him  at  the  end  of 
thirty  days  after  service  of  summons  upon  him  to 
answer  the  bill  if  he  shall  not  answer  or  plead  there- 
to. He  shall  attend  at  any  reference  held  to  ascer- 
tain the  amount  of  taxes  due  upon  the  lands  the 
subject  of  the  bill,  and  a  certified  statement  of  the 
amount  of  taxes,  interest,  cost,  fees  and  penalties, 
due  to  him  as  such  tax  collector  thereon,  shall  be 
prima  facie  evidence  of  the  correctness  thereof.  No 
compensation  shall  be  allowed  any  solicitor  repre- 
senting such  tax  collector  in  said  cause. 


Tax  title  in 
State. 


38 

Sec.  47.  Be  it  further  enacted,  That,  upon  the 
hearing  of  said  cause,  if  it  shall  be  found  that  the 
lands  are  liable  for  the  payment  of  any  amount  to 
the  State  for  redemption  or  taxes,  or  to  the  city  of 
Mobile,  or  to  the  tax  collector  of  the  old  city  debt, 
for  taxes,  the  tax  title  vested  in  the  State  shall  be 
held  valid  unless  defense  to  the  bill  be  made  upon 
the  ground  of  invalidity  thereof,  and  if  such  defense 
be  made,  it  shall  be  held  valid  if  found  to  be  so  by 
the  court  upon  the  evidence.  If  so  held,  the  court 
shall  ascertain  what  amount  is  necessary  for  the  re- 
demption of  said  land  from  the  State,  including  all 
county  and  other  taxes,  fees,  costs,  interest  and 
penalties  which  the  State  is  entitled  to  demand  upon 
redemption  under  the  laws  governing  such  redemp- 
tions. If  such  sale  be  invalid  then  the  court  shall 
ascertain  the  amount  of  taxes,  fees,  costs,  interest 
and  penalties  upon  such  lands  due  the  State  and  the 
county  of  Mobile,  respectively,  at  the  time  of  such 
sale,  and  which  should  have  been  assessed  and  col- 
lected as  escaped  taxes  or  otherwise,  for  each  year 
since  such  sale,  including  all  special  taxes  assessed 
or  which  should  have  been  assessed  thereon,  and 
which  should  have  been  collected  by  the  county  tax 
collector ;  and  also  the  amount  of  all  taxes,  fees, 
costs,  interest  and  penalites  which  had  been  assessed 
and  not  collected  on  such  lands  for  the  benefit  of 
said  city  of  Mobile,  or  any  one  of  the  municipal 
corporations  which  were  its  predecessors  at  the  time 
of  such  sale,  or  which  should  have  since  been  as- 
sessed or  collected  thereon  but  for  such  sale ;  and 
also  the  amount  on  all  taxes,  fees,  costs,  interest  and 
penalties  which  had  been  assessed  or  had  accrued 
on  such  lands  at  the  time  of  such  sale,  under  the 
above  mentioned  act,  approved  December  8th,  1880, 
or  which  should  have  been  assessed  or  collected 
thereon  but  for  such  sale.  The  court  shall  ascertain 
and  fix  the  taxable  value  of  such  lands  for  each  year 
for  which  no  assessment  was  made  thereon  for  State 
taxation,  not  less  than  twenty  days  before  any  refer- 


39 


State. 

notice  by  mail  to  the  State  auditor  and  the  tax  col- 
lector of  the  old  city  debt,  of  the  valuations  so  fixed, 
within  five  days  thereafter.  The  certificate  of  the 
State  auditor  of  the  amount  which  should  be  paid 
the  State  for  redemption  of  such  lands  or  for  the 
satisfaction  of  all  taxes  thereon  due  to  the  State  and 
to  the  county  of  Mobile,  and  for  all  special  taxes 
which  should  have  been  collected  by  the  county  tax 
collector,  and  of  all  fees,  costs,  interest  and  penalties 
thereon,  shall  be  prima  facie  evidence  of  the  correct- 
ness of  such  amount.  The  certificate  of  the  city 
tax  collector  of  the  amount  due  the  city  of  Mobile 
for  all  taxes  assessed  or  which  should  have  been 
assessed  on  such  lands,  and  of  all  fees,  costs,  interest 
and  penalties  thereon  shall  in  like  manner  be  prima 
facie  evidence  of  the  correctness  thereof.  The  tax 
rate  for  each  beneficiary  for  each  year  shall  be  the 
general  rate  levied  for  such  year  for  such  bene- 
ficiary. 

Sec.  48.  Be  it  further  enacted,  That,  in  so  ascer-  ueiinquont. 
taining-  the  amount  due  for  unpaid  taxes  for  each 
year,  such  taxes  shall  be  treated  as  delinquent  upon 
the  day  upon  which  unpaid  taxes  of  that  character 
became  generally  delinquent,  and  all  fees,  costs,  in- 
terest and  penalties  imposed  by  law  upon  such  de- 
linquent tax  payers  shall  be  assessed  and  adjudged 
by  the  court  against  said  lands  in  such  suit. 

Sec.  49.  Be  it  further  enacted.  That,  in  case  any  Order  bj- court, 
recovery  is  had  in  such  suits  against  the  lands  the 
subject  hereof,  and  the  same,  with  all  costs  of  suit,  is 
not  satisfied  within  thirty  days  thereafter,  the  court 
shall  order  such  lands,  or  so  much  thereof  as  may  be 
necessary,  to  be  sold  for  the  satisfaction  thereof; 
such  sale  shall  be  made  and  confirmed  or  set  aside  in 
all  respects  as  is  provided  by  law  generally  for  the 
sale  of  lands  under  the  decree  of  the  court  of  chan- 
cery to  satisfy  debts. 

Sec.  50.     Be  it  further  enacted,  That  the  proceeds  Application  of 

^  proceeds. 

of  such  sale  shall  be  applied  first  to  the  payment  of 


40 


such  amount  as  may  be  due  the  State  upon  the  re- 
demption of  such  land,  or  as  may  be  due  the  State, 
the  county  of  Mobile,  and  the  beneficiaries  of  all 
special  taxes  hereinbefore  mentioned,  with  all  fees, 
costs,  interest  and  penalties  thereon,  all  of  which 
shall  be  paid  to  the  State  auditor  to  be  by  him  paid 
over  to  the  beneficiaries  respectively  entitled  to  the 
same;  next,  to  the  payment  of  all  costs  of  the  suit; 
next,  to  the  payment  of  such  amount  as  may  be 
recovered  by  the  city  of  Mobile  in  such  suit,  with 
all  fees,  costs,  interest  and  penalties  adjudged  to  it; 
next,  to  the  payment  of  the  tax  collector  of  the  old 
city  debt  of  such  amount  as  the  court  shall  in  such 
suit  decree  to  be  paid  him  for  taxes,  fees,  costs,  in- 
terest and  penalties.;  and  the  surplus,  if  any,  to  the 
owner  of  such  lands. 

Sec.  51.  Be  it  further  enacted.  That  the  sale  made 
in  such  suit  shall  divest  the  State  of  all  title  in  the 
lands  the  subject  of  such  suit  wdiich  was  vested  in 
it  by  such  tax  sale  and  purchased  by  it. 

Sec.  52.  Be  it  further  enacted.  That  the  lands 
sold  in  any  such  equity  suit  shall  be  subject  to  re- 
demption as  is  provided  by  law  for  the  redemption 
of  lands  sold  by  the  chancery  court  for  the  satis- 
faction of  debts. 
Action  in  Rem.  Scc.  53.  Be  it  furthcr  enacted.  That  the  pro- 
ceedings in  equity  against  any  realty  under  the  pro- 
visions of  this  act  shall  be  an  action  in  rem.,  and  it 
shall  not  be  necessary,  in  order  to  make  a  valid  title 
upon  the  sale  had  under  such  proceedings,  that  the 
real  owner  of  such  realty  shall  be  made  a  party  to 
such  suit. 

Sec.  54.  Be  it  further  enacted.  That  in  any  suit 
in  equity  under  this  act  the  court  may,  at  its  dis- 
cretion, cause  the  title  to  the  realty  therein  pro- 
ceeded against  to  be  investigated  by  such  persons 
as  it  may  designate,  and  report  thereon  to  be  made 
to  the  court.  The  expense  of  such  investigation  shall 
be  taxed  as  a  part  of  the  costs  of  the  suit.  If  such 
investigation  should  disclose  that  any  person  not  a 


Effect  of  sale. 


Redemption. 


Investigation 
of  title. 


41 

party  to  such  suit  should  be  made  a  party  thereto, 
the  court  shall  cause  him  to  be  made  a  party  de- 
fendant thereto  and  to  be  brought  into  court  by 
proper  process. 

Sec.  55.  Be  it  further  enacted.  That  the  intent  intent, 
of  the  foregoing  provisions  for. a  suit  in  equity  is 
to  compel  the  payment  of  all  just  taxes  on  lands 
which  have  escaped  the  same  by  purchase  by  the 
State  at  tax  sales  and  the  payment  of  all  such  fees, 
costs,  interest  and  penalties  as  would  have  accrued 
against  the  same  had  it  been  duly  assessed,  and  the 
taxes  so  assessed  had  not  been  paid,  and  the  powers 
hereinbefore  conferred  on  the  chancery  court,  or 
other  court  of  general  equity  jurisdiction,  shall  be 
liberally  construed  and  exercised  to  that  end.  But, 
before  any  suit  shall  be  brought  under  the  provisions  Notice  to 
of  this  act  in  cases  in  which  the  owner  of  the  realty  °'™^'"  °'  ^"'*- 
is  known  and  he  is  a  resident  of  the  county  of  Mo- 
bile, the  city  tax  collector  shall  give  such  owner 
twenty  days'  written  notice  that  such  suit  will  be 
brought  unless  such  realty  is  forthwith  redeemed 
from  the  State  and  all  taxes  thereon  for  which  it  is 
justly  liable  to  the  city  of  Mobile,  and  under  the 
above  mentioned  act,  approved  December  8th,  1880, 
whether  escaped  or  otherwise,  with  all  fees,  costs, 
mterest  and  penalties,  justly  chargeable  thereon,  are 
paid  to  the  city  of  Mobile  and  the  tax  collector  of 
the  old  city  debt,  respectively.  If  such  redemption 
and  payments  are  made  within  such  twenty  days, 
then  such  suit  shall  not  be  instituted.  And  provided,  Redemption 
further,  that  when  in  any  such  suit  any  party  inter- ^"  payment, 
ested  in  such  lands  shall  pay  into  court  any  lump 
sum,  upon  condition  that  the  same  shall  be  accepted 
as  in  full  of  all  claims  of  any  one  of  the  parties  en- 
titled to  recovery  against  such  lands  in  such  suit  and 
the  court  shall  consider  it  to  the  best  interest!  of 
such  beneficiary  and  not  unjust  to  other  tax  payers 
to  accept  such  payment  as  in  full  of  such  claim,  it 
shall  be  lawful  for  the  court  to  make  a  decree  or  or- 
der so   accepting  the   same   and   discharging   such 


42 


Assent  of 
mayor  and 
governor. 


Disposition 
of  moneys. 


Warrant 
stub  book. 


Care  of 
the  sick. 


lands  from  all  further  liability  on  account  thereof; 
but  in  any  such  case  the  court  shall  require  the  party 
making  such  offer  to  pay  into  court  all  the  costs  of 
the  suit,  or  such  proportionate  part  thereof  as  the 
court  may  deem  just,  before  making  such  decree  or 
order  of  acceptance.  And  provided,  further,  that  no 
such  decree  or  order  of  acceptance  as  to  any  recov- 
ery which  the  State  or  city  of  Mobile  is  entitled  to 
have  in  such  suit  shall  be  made  until  the  written 
assent  thereto  of  the  governor  and  the  mayor,  re- 
spectively, shall  be  filed  in  such  cause. 

Sec.  56.  Be  it  further  enacted.  That  all  money 
collected  for  taxes,  licenses,  fines,  penalties  and  for- 
feiture under  this  act  shall  be  paid  as  collected  to 
the  credit  of  the  said  general  council  into  such  bank 
or  banks  as  may  be  designated  by  them  as  deposi- 
tories, and  shall  be  drawn  out  only  in  such  sums 
and  at  such  times  as  the  same  shall  be  actually  re- 
quired, and  only  for  the  expenditures  authorized  by 
law,  and  only  upon  warrants  signed  by  the  mayor, 
countersigned  by  the  city  clerk,  and  issued  in  pay- 
ment of  claims  that  have  been  audited  and  ordered 
to  payment  by  said  general  council.  All  said  war- 
rants shall  be  issued  from  a  bound  book  containing 
a  stub  or  margin  corresponding  to  each  one,  which 
.^h'all  contain  a  receipt  for  said  warrant  by  the  party 
to  whom  issued,  and  shall  be  kept  by  the  city  clerk, 
subject  at  all  times  to  the  inspection  of  said  general 
council.  The  warrant  and  corresponding  stub  or 
margin  shall  show  by  an  entry,  made  at  the  time  a 
Avarrant  is  issued,  the  date  and  amount  of  the  war- 
rant, for  what  purpose,  on  what  account,  by  what 
authority  and  to  whom  the  warrant  was  issued.  Any 
person  issuing  any  warrant  for  or  on  account  of  or 
in  the  name  of  said  general  council  without  com- 
plying with  the  provisions  of  this  act  shall  be  guilty 
of  a  misdemeanor. 

Sec.  57.  Be  it  further  enacted,  That  said  general 
council  may  approprite  not  exceeding  eight  thous- 
and dollars  per  annum  of  the  money  realized  under 


43 

the  provisions  of  this  act  to  provide  proper  places 
and  treatment  of  the  sick  only  who  reside  within 
said  city  of  Mobile ;  provided,  said  city  of  Mobile 
may  make  with  the  county  of  Mobile  such  joint  ar- 
rangements for  the  care  of  its  sick  as  they  may 
agree  on,  but  so  that  the  above  amount  shall  not  be 
exceeded  by  the  city  of  Mobile. 

Sec.  58.     Be  it  further  enacted.  That  said  general  P°"ncii  meet- 

'  _  °  ing,  etc. 

council  shall  hold  their  meetings  publicly  at  least 
once  in  every  month  ;  they  shall  keep  a  strict  account 
and  record  of  its  proceedings,  and  once  in  each  three 
months  it  shall  publish  in  one  of  the  newspapers 
published  in  said  city  of  Mobile  an  itemized  account 
of  its  expenditures  for  the  three  months  preceding 
such  date,  showing  all  receipts  and  the  sources  of 
the  same,  and  all  disbursements  and  the  object  and 
purpose  of  each  disbursement,  and  the  said  general 
council  shall  record,  in  a  well-bound  book,  properly 
indexed  all  ordinancess  and  all  resolutions  having 
the  force  of  law,  which  book  shall  be  open  to  the 
inspection  of  the  public  under  the  supervision  of 
the  clerk. 

Sec.  59.  Be  it  further  enacted,  That  neither  the 
mayor  nor  any  one  of  the  general  council  provided  ^^'^^''^"°**° 
for  by  this  act  shall,  directly  or  indirectly,  by  him-^""'"*''^'^^® 
self  or  through  others,  make  or  enter  into  with  the 
authorities  of  the  city  of  Mobile  any  contract  for 
work  or  services  of  man  or  beast  or  for  material  or 
supplies,  and  any  such  contract  so  made  or  entered 
into  shall  be  void.  Nor  shall  mayor  or  general 
councilman  or  any  officer  or  person  charged  with 
the  collection  of  taxes,  license  or  dues  for  such  city 
of  Mobile,  by  himself  or  through  any  other  person, 
deal  or  traffic  in  any  manner  whatsoever  in  any 
warrant,  claim  or  liability  against  said  city  of  Mo- 
bile, unless  it  be  to  dispose  of  any  warrants  that  may 
have  been  issued  directly  to  any  such  mayor  or 
member  of  the  general  council  or  any  other  person, 
and  any  person  who  violates  the  provisions  of  this 
section  shall  be  guilty  of  a  misdemeanor,  and,  upon 


interested 
«ntrac1 
with  city. 


44 

conviction,  shall  be  fined  not  less  than  fifty  nor  more 
than  one  thousand  dollars.  And  if  the  person  so 
violating  the  foregoing  provisions  be  mayor  or  mem- 
ber of  the  general  council,  he  shall  thereby  forfeit 
and  vacate  his  office. 

Tax  limit.  Sec.   60.      Be   it   further   enacted,   That   the   said 

general  council  under  this  act  shall  not  levy  any 
other  or  further  tax  than  the  six-tenths  of  one  per 
cent,  of  the  value  of  the  property  within  the  cor- 
porate limits  of  the  city  of  Mobile,  which  is  author- 
ized by  the  twenty-eighth  section,  and  the  license 
taxes  authorized  by  section  43  of  this  act ;  nor  shall 
said  general  council  by  any  tax  for  any  other  pur- 
pose than  those  specially  stated  in  this  act,  and  any 
tax  or  license  charged  other  than  those  authorized 
by  said  sections  28  and  43  which  said  general  coun- 
cil may  levy  or  attempt  to  levy  shall  be  null  and 
void  and  not  be  collectable,  and  any  tax  payer  may 
enjoin  by  a  bill  in  chancery  and  restrain  without 
bond  the  tax  collector  of  the  city  of  Mobile  from 
collecting  any  tax  which  said  general  council  may 
impose  or  attempt  to  impose  beyond  the  aforesaid 
tax  and  license  charges.  The  provisions  of  this  act 
shall  not  be  applied  nor  be  enlarged  nor  extended  so 
as  to  be  made  applicable  to  or  for  any  other  pur- 
pose than  stated  in  this  act. 

ment"by  clerk:  Scc.  61.  Be  it  further  enacted.  That  the  clerk  of 
the  city,  at  the  close  of  each  fiscal  year,  shall  make 
a  full  tabular  statement  of  the  assets  and  resources 
of  the  city,  with  an  itemized  estimate  of  the  probable 
and  necessary  expenses  for  the  ensuing  year,  which 
shall  be  published.  This  report  shall  be  made  un- 
der the  direction  of  the  general  council  and  shall 
be  the  basis  for  the  appropriations  for  the  ensuing 
year. 

Unauthorized        Scc.  62.    Be  it  further  enacted.  That  all  contracts 

contracts 

entered  into  by  said  general  council  contrary  to 
this  act  for  the  purpose  of  raising  money  or  other- 
wise engaging  the  credit  of  the  city  shall  be  null 
and  void  as  to  said  city.     But  the  mayor,  if  he  ap- 


45     . 

prove,  and  all  members  of  the  general  council  pres- 
ent and  voting  who  fail  to  record  their  votes  against 
such  measure  or  contract  shall  be  jointly  and  sever- 
ally liable  thereon,  as  upon  their  own  contracts, 
which  may  be  enforced  against  such  mayor  and 
members  of  the  general  council  in  any  court  in  the 
State  having  jurisdiction  thereof. 

Sec.  63.  Be  it  further  enacted.  That  it  shall  he  J^,i^ll\l''J^'" 
unlawful  for  any  horse  or  any  animal  of  the  horse  ®^^';'^>  "^"^  ** 
kind,  any  cow  or  other  horned  cattle,  any  hog,  sheep 
or  goat  to  run  at  large  or  unattended  within  the 
following  described  limits  of  said  city :  Commencing 
on  the  south  bank  of  One  Alile  creek  where  it  in- 
tersects the  west  bank  of  Mobile  river,  thence  west- 
wardly  along  the  south  boundary  line  of  One  Mile 
creek  to  the  west  side  of  St.  Joseph  street,  thence 
southwardly  along  the  west  side  of  St.  Joseph  street 
to  Congress  street,  thence  westwardly  along  the 
north  side  of  Congress  street  to  Franklin  street, 
thence  along  the  east  side  of  Franklin  street  to  St. 
Louis  street,  thence  along  the  north  side  of  St.  Louis 
street  to  Hamilton  street,  thence  along  the  west  side 
of  Hamilton  street  to  the  north  side  of  St.  Francis 
street,  thence  along  the  north  side  of  St.  Francis 
street  to  the  west  side  of  Broad  street,  thence  along 
the  w^est  side  of  Broad  street  to  the  north  side  of 
Spring  Hill  road,  thence  westwardly  along  the  north 
side  of  Spring  Hill  road  to  the  west  side  of  Ann 
street,  thence  southwardly  along  the  west  side  of 
Ann  street  to  the  south  side  of  Government  street, 
thence  eastwardly  along  the  south  side  of  Govern- 
ment street  to  the  west  side  of  Roper  street,  thence 
southwardly  along  the  west  side  of  Roper  street  to 
the  south  side  of  Selma  street,  thence  eastwardly 
along  the  south  side  of  Selma  street  to  the  east  side 
of  Franklin  street,  thence  along  the  east  side  of 
Franklin  street  to  the  south  side  of  Monroe  street, 
thence  along  the  south  side  of  Monroe  street  to  the 
west  side  of  Royal  street,  thence  along  the  west  side 
of  Royal  street  southwardly  to  the   south   side  of 


46 


Elmira  street,  thence  along  the  south  side  of  said 
Ehnira  street  to  the  Mobile  river,  thence  up  the  west 
bank  of  said  river  to  the  place  of  beginning;  pro- 
viding, that  said  general  council  may  extend  the  said 
limits  from  time  to  time  at  its  discretion  and  may 
prohibit  the  driving  of  stock  of  any  kind  v^ithin 
any  portion  of  the  above  described  limits ;  provided, 
further,  that  it  shall  be  the  duty  of  the  said  city  to 
provide  a  suitable  pound,  and  all  animals  found  run- 
ning at  large  within  said  limits  shall  be  impounded 
therein  by  the  city  police  or  other  officers  provided 
for  such  purpose  by  said  city,  and  the  owner  of  such 
animal,  if  he  be  known,  shall  be  notified  of  the  fact 
by  the  impounding  officer,  if  the  name  of  such  owner 
is  known  or  can  be  ascertained  with  reasonable  dili- 
gence. Where  the  owner  can  not  be  found,  if  his 
name  be  known,  a  notice  shall  be  sent  him  through 
the  mail  to  his  best  ascertainable  address.  If  the 
owner  does  not  appear  and  pay  the  impounding  fee 
and  expenses  of  keeping  within  two  days  after  the 
impounding  of  such  animal,  it  shall  be  the  duty  of 
the  chief  of  police,  or  impounding  officer,  if  there 
be  any,  to  advertise  and  sell  any  such  animal,  after 
first  giving  notice  for  three  days  by  publication  of 
the  same,  which  shall  describe  the  animal  fully,  giv- 
ing marks  and  brands,  if  any  there  be,  and  the  place 
and  date  of  capture,  and  the  name  of  the  owner,  if 
known.  All  sales  shall  be  had  at  the  public  pound 
and  a  record  shall  be  kept  of  all  impounded  animals, 
giving  description,  name  of  reputed  owner,  date  of 
sale,  amount  of  fees  and  expenses,  amount  of  pur- 
chase money  and  name  of  purchaser.  All  horses  and 
like  animals  sold  hereunder  may  be  redeemed  by 
the  owner  or  assigns  within  thirty  days  after  the 
sale  by  tendering  or  paying  to  the  purchaser  the 
amount  of  purchase  money  and  twenty-five  per  cent, 
thereof  and  the  cost  of  feeding  the  animal  from 
date  of  purchase.  All  animals  of  the  cow  kind  may 
be  redeemed  on  like  terms  within  ten  days  from  the 
date  of  sale.    When  the  purchase  money  amounts  to 


47 

more  than  the  fees  and  charges,  the  balance  shall 
be  paid  to  the  owner,  and,  if  he  be  not  known,  shall 
be  deposited  with  the  city  clerk,  and,  if  not  called 
for  within  six  months,  shall  be  forfeited  and  be  held 
as  a  special  fund  to  defray  the  expenses  in  main- 
taining the  said  public  pound.  There  shall  be 
charged  for  impounding  a  horse  or  the  like,  a  fee  of  f™!"""*^'"*^ 
five  dollars ;  for  each  cow  or  the  like,  a  fee  of  three 
dollars;  for  each  other  animal,  a  fee  of  one  dollar, 
which  shall  be  paid  into  the  said  special  fund ;  for 
feeding  a  horse,  seventy-five  cents  per  day ;  for  feed- 
ing a  cow,  fifty  cents  per  day,  and  for  feeding  each 
other  animal,  twenty-five  cents  per  day,  which  shall 
paid  to  the  impounding  officer,  or  any  other  officer 
acting  in  such  capacity,  who  shall  feed  such  animal 
at  his  own  expense.     The  cost  of  advertising  shall 

Compensation. 

be  charged  to  the  owner,  and,  when  collected,  shall 
be  paid  into  the  special  fund.  If  a  special  impound- 
ing officer  is  appointed,  he  shall,  in  addition  to  the 
perquisite  of  feeding  the  animals,  receive  the  pay 
of  a  sergeant  of  police,  and  all  assistants  shall  re- 
ceive the  pay  of  a  policeman,  and  they  may  be 
clothed  with  all  the  other  powers  of  police  officers, 
and  may  be  required  to  do  general  police  duty  with- 
in the  above  described  limits. 

Sec.  64.     Be  it  further  enacted,  That  the  general  siaugrh  er 

^  houses. 

council  shall  have  authority  to  establish,  control  and 
regulate  the  slaughter  houses  and  pens,  whether 
situated  in  the  said  city  or  within  seven  miles  of  t'le 
limits  thereof.  To  regluate  the  sale  of  fresh  meat 
in  said  city,  and  anywhere  in  the  county  of  IMolj'ih; 
within  seven  miles  of  the  limits  of  said  city,  whether 
butchered  in  the  territory  above  defined  or  not ;  and 
to  condemn  all  such  meats  which  have  not  been 
butchered,  or  be  not  in  the  condition  required  by 
ordinances  adopted  by  the  mayor  and  general  coun- 
cil. It  shall  also  have  authority  to  inspect,  control 
and  regulate  all  dairies  within  the  limits  of  the  city.  Dairies, 
or  within  seven  miles  of  such  limits,  from  which 
milk  is  sold  or  offered  for  sale  in  the  citv,  and  ail 


48 


Free  public 
library. 


Board  of 
public  works 


milk  sold  or  offered  for  sale  in  the  city,  and  to  make 
and  enforce  all  such  ordinances  as  will  prevent  the 
use  of  unhealthy  or  ill-conditioned  cows  for  tl'e  sup- 
ply of  any  such  milk,  and  as  will  ensure  that  none 
other  than  pure  milk  of  proper  richness  is  sold  or 
offered  for  sale  in  the  city. 

Sec.  65.  Be  it  further  enacted.  That  wh':never 
the  revenues  of  the  city  of  Mobile  shall  so  far  ex- 
ceed its  necessary  public  expenditu:  es  as  to  enable 
it  to  do  so,  without  going  in  debt  therefor,  th  ^  gen- 
eral council  shall  have  authority  to  estab^  sh  and 
maintain  a  free  public  library  and  free  public  read- 
mg  room,  with  such  sub-stations  or  branches  as  it 
may  deem  necessary  or  expedient,  and  to  maki  all 
needful  rules  and  regulations  for  the  managemeiu 
and  conduct  of  the  same,  and  for  such  purpose 
shall  have  power  to  hold  property,  w-al  and  0(  rsonal, 
in  trust,  and  to  acquire  property,  real  and  personal, 
by  gift,  purchase,  devise  or  bequest,  and  to  con- 
tribute to  the  support  and  maintenance  of  any  free 
public  library  and  free  public  readmg  room,  which 
may  be  established  by  any  priviate  corporation  or 
association  in  said  city,  and  wlrch  shall  be  made 
wholly  subject  to  the  control  and  regulation  of  the 
general  council. 

Sec.  66.  Be  it  further  enacted.  That  there  shall 
be  a  board  known  as  the  "Board  of  Public  Works." 
which  shall  consist  of  the  mayor  of  the  city  of  ]\Io- 
bile  and  two  other  members  to  be  appointed  b}-  the 
mayor,  subject  to  confirmation  by  the  general  coun- 
cil, from  among  qualified  voters  of  said  city  in  the 
first  instance  immediately  after  the  approval  of  this 
act,  and  it  shall  be  vmlaw^ful  for  the  mayor  to  Jis- 
close,  before  he  sends  in  such  appoitments  to  the 
general  council,  for  its  confirmation,  whom  he  will 
appoint  to  such  positions,  and  it  shall  be  unlawful 
for  any  member  of  the  general  council  to  promise 
or  make  it  known  before  the  meeting  of  said  general 
council  at  which  said  appointments  are  acted  upon, 
whether  or  not  he  will  vote  against  or  for  the  con- 


49 


public  works 

son  violating'  the  provisions  of  this  section  as  re- 
gards said  discloseures  shall  be  guilty  of  a  misde- 
meanor. No  person  shall  be  eligible  to  membership 
on  said  board  who  holds  a  federal  or  State  ofifiice, 
nor  shall  any  officer  of  the  city  of  Mobile  other 
than  the  mayor,  or  any  employee  thereof,  or  membei 
of  the  general  council  during  the  term  for  which 
he  shall  have  ben  elected  to  said  council,  or  within 
six  months  after  the  expiration  of  his  term  therein, 
be  eligible  to  membership  in  said  board.  Nor  shall 
said  board  elect  to  office,  or  employ  or  contract  with 
ony  one  who  is  related  to  any  member  of  the  general 
council  of  the  city  of  Mobile  or  of  said  board  of  pub- 
lic works  within  the  sixth  degree  of  consanguinity 
of  affinity  under  the  civil  law.  The  term  of  one  of 
said  appointed  members  shall  expire  with  that  of  the 
general  council,  whose  term  expires  in  1906;  and 
the  terms  of  the  other  appointee  shall  expire  with 
that  of  the  general  council  whose  term  expires  in 
1909.  The  successor  of  said  first  appointee  shall  be 
elected  by  the  qualified  voters  of  the  city  of  Mobile 
at  the  election  for  members  of  the  general  council  in 
1906,  and  every  six  years  thereafter ;  and  the  suc- 
cessor of  said  second  appointee  shall  be  elected  by 
the  qualified  voters  of  the  city  of  Mobile  at  the  elec- 
tion of  the  members  of  the  general  council  in  1909 
and  every  six  years  thereafter.  The  members  of  said 
board  shall  hold  office  until  their  successors  have 
qualified.  At  the  first  meeting  of  said  board,  or  as 
soon  thereafter  as  practicable,  after  the  appointment 
and  confirmation  of  the  members  thereof,  it  shall 
in  formal  session  decide  1)y  lot  which  shall  hold 
for  the  original  short  term,  and  which  one  for  the 
original  long  term,  and  shall  make  formal  record  of 
the  result  and  certify  the  same  to  the  mayor  and 
general  council :  said  decision  shall  fix  the  respective 
terms  of  said  members.  Said  board  may,  in  the 
name  of  the  citv  of  ^Mobile,  buv,  sell  and  contract 


50 


Officers  of  the 
board. 


as  hereinafter  prescribed,  and  may  use  the  corporate 
seal  of  the  city  of  Mobile.  , 

Sec.  67.  Be  it  further  enacted.  That  each  member 
of  said  board,  including  the  mayor,  shall  receive  a 
salary  of  five  hundred  dollars  per  annum  for  his 
services  on  said  board,  payable  quarterly  out  of  the 
city  treasury  m  the  same  manner  as  the  salary  of  the 
mayor  is  paid.  Such  five  hundred  dollars  to  the 
mayor  shall  be  in  addition  to  his  salary  of  eighteen 
hundred  dollars  herein  above  provided  for. 

Sec.  68.  Be  it  further  enacted.  That,  before  enter- 
ing upon  the  discharge  of  their  duties,  the  members 
of  said  board  shall  severally  take  and  subscribe  the 
following  oath  before  some  officer  authorized  to  ad- 
minister oaths:  "I  do  solemnly  swear  that  I  will 
support  the  constitution  of  the  United  States  and 
the  constitution  of  the  State  of  Alal^ama,  and  that  I 
will  faithfully,  zealously  and  impartiallv  discharge 
the  duties  of  this  ofiice  without  fear  or  favor,  and 
for  the  public  Avelfare,  so  help  me  God." 

Sec.  69.  Be  it  further  enacted.  That,  in  case  of 
the  death,  remo\-al,  resignation  or  non-residence  in 
the  city  of  Mobile  of  any  member  of  said  board,  the 
board  shall  elect  a  suitable  person  to  fill  the  vacancy 
thus  caused. 

Sec.  70.  Be  it  further  enacted,  That  the  officers 
of  said  board  shall  consist  of  a  president  and  a  sec- 
retary, provided  that  the  city  clerk  of  Mobile  shall 
be  said  secretary,  without  extra  compensation,  ex- 
cept that  the  said  board  may,  if  it  deems  it  neces- 
sary, appoint  an  assistant  to  said  secretary  at  a  sal- 
ar_y  not  to  exceed  fifty  dollars  per  month,  both  of 
whom  shall  be  elected  l)y  the  board.  The  president 
shall  be  elected  from  among  the  members  of  the 
board,  and,  except  as  to  the  first  election,  which 
shall  be  at  the  original  organization  of  said  board 
and  for  the  partial  term  until  the  next  regular  elec- 
tion, at  which  members  of  the  general  council  are 
elected,  shall  be  elected  at  the  first  regular  meeting 
of  said  board  after  each  regular  election  at  which 


51 

members  of  the  general  council  are  elected.  The 
term  of  the  president,  except  in  the  first  instance, 
shall  be  three  years.  The  secretary  shall  not  be  a 
member  of  the  board;  provided,  that  the  mayor  shall 
not.be  president  of  said  board.  Any  vacancy  in  any 
office  may  be  filled  by  the  board  by  election  at  any 
time,  except  the  office  of  said  secretary.  Said  board 
shall  have  authority  to  require  of  said  secretary,  and 
any  and  all  officers  and  employees  of  said  board,  to 
give  bond  in  a  surety  company  for  the  faithful  dis- 
charge of  the  duties  imposed  upon  them  by  law  or 
by  the  board,  in  such  sum  as  the  board  may  from 
time  to  time  prescribe,  and  such  bonds  shall  be  sub- 
ject to  the  approval  of  the  board. 

Sec.  71.  Be  it  further  enacted.  That  the  board  Rules, 
shall  have  full  power  and  authority,  by  formal  reso- 
lution, to  make  and  promulgate  all  necessary  or  ap- 
propriate rules,  regulations,  stipulations  and  pro- 
visions for  the  carrying  out  of  the  work  entrusted 
to  said  board,  and  for  the  government  of  the  officers 
and  employees  elected  or  employed  by  or  acting 
under  the  authority  of  said  board,  and  for  the  regu- 
lation of  the  use  of  the  property  entrusted  to  the 
care  of  said  board. 

Sec.  72.  Be  it  further  enacted.  That  said  board  Power  of  Board, 
shall  have  exclusive  power,  supervision  and  control 
repairing,  cleaning,  filling,  paving,  curbing,  bridg- 
ing, draining,  protection,  maintenance,  extension,  ^ 
improvement,  beautifying  and  care  of  streets,  roads, 
avenues,  parkways  and  alleys,  including  both  side- 
walks and  roadways,  drainage  canals,  drains,  cul- 
verts and  ditches,  and  the  prohibition  and  removal 
of  obstructions  and  unsightly  objects  from  such 
streets  and  other  ways ;  the  condemnation  by  the 
methods  provided  by  the  general  laws  of  Alabama, 
or  purchase  of  real  property  within  or  without  the 
corporate  limits  of  the  city  of  Mobile,  or  any  right, 
interest  or  easement  therein,  for  the  purpose  of  pro- 
viding streets  or  improving  or  extending  the  drain- 
age or  street  system  of  the  city  of  Alobile.  No  power 


62 


Authority  of 
board. 


Machinery, 
tools,  etc. 


Expenditures. 


granted  to  said  board  shall  be  construed  as  abridg- 
ing the  power  of  the  mayor  and  general  council  to 
police  the  streets,  alleys  and  public  places,  and  to 
enforce  law  and  order. 

Sec.  11.  Be  it  further  enacted.  That  said  board 
shall  have  full  authority  in  carrying  out  its  duties 
and  powers  to  call  on  the  city  attorney,  the  city 
engineer,  the  city  clerk,  the  committee  clerk,  and  the 
other  officers  and  employees  of  the  city  of  Mobile 
for  suitable  advice,  assistance  and  service  as  they 
may  be  able  to  render,  and  also  for  a  limited  time, 
and,  upon  obtaining  authority  from  the  mayor  and 
general  council,  to  employ  additional  attorneys  or 
legal  advisers ;  and  also  to  employ,  discharge  and 
suspend  such  engineers,  agents,  superintendents,  in- 
spectors, clerks,  mechanics,  laborers  and  other  em- 
ployees as  in  their  judgment  may  be  or  become  nec- 
essary ;  and  to  fix  their  terms  of  employment,  sal- 
aries and  compensation. 

Sec.  74.  Be  it  further  enacted.  That  said  board 
shall  have  full  power  and  authority  to  purchase  or 
order  any  and  all  machinery,  tools,  appliances,  fix- 
tures, materials  or  other  things  necessary  or  ex- 
pedient in  executing  the  duties  and  powers  of  said 
board.  , 

Sec.  75.  Be  it  further  enacted,  That,  in  the  case 
of  salaries,  in  the  case  of  street  cleaning,  and  in 
cases  of  emergency  which  makes  such  a  course  im- 
practicable, no  expenditure  of  more  than  one  hun- 
dred dollars  shall  be  made  except  upon  contract  let 
to  the  lowest  responsible  bidder,  and  where  the 
amount  exceeds  one  hundred  dollars  and  does  not 
exceed  five  hundred  dollars,  bids  of  two  or  more 
responsible  bidders  may  be  taken,  either  privately 
or  by  public  advertisement.  Where  the  amount  ex- 
ceeds five  hundred  dollars,  bids  must  be  taken  by 
publication  in  such  newspapers  or  other  periodicals 
in  the  United  States  or  elsewhere  as  said  board  may 
direct.  Said  board  may  also,  at  its  option,  give  out 
any  or  all   of  the  cleaning  work  above   mentioned 


53 

by  contracts  in  the  same  manner.  Said  board  shall 
always  have  the  right  to  reject  any  and  all  bids. 
jBut  said  board  shall  not  incur  any  obligation  of 
debt  unless  funds  are  on  hand  with  which  to  pay  the 
same.  And  said  board  shall  have  no  power  to  pledge 
the  credit  of  the  city  except  as  herein  provided. 

Sec.   76.      Be   it    further   enaced,   That   all    funds  Funds  for  use 

.  of  board. 

appropriated  to  the  use  of  said  board  by  the  general 
council  and  any  funds  appropriated  and  set  apart 
or  donated  to  the  use  of  said  board  from  any  other 
source  shall  be  kept  separate  and  apart  from  the 
other  funds  of  the  city  of  Mobile.  Such  funds  shall 
be  drawn  out  only  in  such  sums  and  at  such  times 
as  the  same  shall  be  actually  required,  and  only  for 
the  expenditures  authorized  by  law,  and  only  upon 
warrants  signed  by  the  president  of  the  board  of 
public  works,  and  countersigned  by  the  city  clerk 
and  issued  in  payment  of  claims  that  have  been  au- 
dited and  ordered  to  payment  by  said  board.  All  ^"^"*^- 
said  warrants  shall  be  issued  from  a  bound  book 
containing  a  stub  or  margin  corresponding  to  each 
one,  which  shall  contain  a  receipt  for  said  warrant 
by  the  party  to  whom  it  is  sissued,  and  shall  be  kept 
by  the  city  clerk,  subject  at  all  times  to  the  inspec- 
tion of  said  general  council  and  the  board  of  public 
works.  A  warrant  and  corresponding  stub  or  mar- 
gin shall  show  by  an  entry  at  the  time  the  warrant 
is  issued,  the  date  and  amount  of  the  warrant,  for 
what  purpose,  what  account,  and  by  what  authority 
and  to  whom  the  warrant  was  issued.  Any  person 
issuing  any  warrant  for  account  of,  or  in  the  name 
of  said  board  of  public  works,  without  complying 
with  the  provisions  of  this  act,  shall  be  guilty  of  a 
misdemeanor. 

Sec.  77.     Be  it  further  enacted,  That  said  board  Meetingrs of 

1      11    1  Board. 

shall  have  regular  meetmgs  at  least  once  in  each 
month  in  some  office  in  the  municipal  building  \w 
the  city  of  Mobile  appropriated  to  them  by  the  gen- 
eral council,  and  called  meetings  may  be  held  at  any 
time  on  the  call  of  the  president  or  a  majority  of 


64 

said  Ijoard.  Said  board  shall  have  authority  to  en- 
force the  attendance  of  its  members  in  the  same 
manner  as  in  the  case  of  the  general  council.  Two 
members  shall  constitute  a  quorum  of  said  Ijoard, 
l)ut  one  member  may  adjourn  from  time  to  time 
and  take  proper  steps  to  enforce  the  attendance  of 
absent  members.  All  meetings  of  the  board  shall 
be  public,  and  careful  record  of  its  proceedings  shall 
be  kept.  At  the  call  of  any  member  the  vote  on  the 
pending  questions  shall  be  taken  by  ayes  and  noes, 
and  entered  on  the  minutes.  The  record  of  the  pro- 
ceedings of  said  board  shall  be  open  to  public  in- 
spection at  all  reasonable  times,  and  a  copy  from 
said  records  certified  by  the  secretary  of  said  l^oard 
shall  be  competent  evidence  in  all  courts, 
ftat^entby  Scc.  78.  Be  it  further  enacted,  That  said  board 
board.  shall   submit  to  the  general   council,   at  its   annual 

meeting  in  March  of  each  year,  an  itemized  budget, 
showing  the  estimated  receipts  and  expenditures  of 
said  board  for  the  ensuing  fiscal  year,  giving  in  de- 
tail the  sources  of  revenue  and  estimates  of  salaries 
and  expenses  proposed  by  said  board,  together  with 
the  estimated  costs  of  proposed  repairs,  extensions 
and  improvements,  separately  stated,  and  if  such 
l)udget  shows  a  deficit  the  general  council  may  ap- 
propriate from  the  general  revenue  of  the  city  a  sum 
sufficient  to  cover  said  deficit,  or  any  part  thereof, 
and  said  sum  thus  appropriated  shall  not  be  diverted 
from  said  board,  or  used  by  the  mayor  and  general 
council,  but  shall  remain  a  separate  fund  in  the 
hands  of  the  city  clerk,  to  be  drawn  out  only  in  the 
order  of  said  board;  provided,  however,  that  any 
portion  of  said  sum  remaining  unexpended  at  the 
end  of  the  year  shall  not  be  paid  to  said  board,  but 
shall  be  returned  to  the  general  fund  of  the  city  of 
Alobile. 
Annual  report.  Scc.  79.  Be  it  further  enacted.  That  said  board 
shall  make  an  annual  report  to  the  mayor  and  gen- 
eral council  at  its  annual  meeting  in  March  of  each 
year,  showing,  by  detailed  and  itemized  statements, 


55 

the  rcccii)ts  and  expenditures  for  the  year;  physical 
conchtion  of  the  property  under  the  care  of  said 
lioard,  and  any  other  matters  of  ]ml)hc  interest  con- 
nected Avith  the  work  of  said  l)oard.  Said  board 
shall  also  make  a  (juarterly  report  of  receipts  and  Quarterly 
expenditures  to  the  mayor  and  general  council  jn"^''""'*- 
such  detail  as  the  welfare  of  the  city  may  recpiire. 

Sec.  80.     Be  it  further  enacted,  That  any  mem1)er  Removals 

f.,,  liji  i'  1  f'"'"  office. 

oi  said  board,  except  the  ma}-or,  may  be  removed 
from  office  for  incomi)etency,  neglect  of  duty  or 
official  misconduct,  by  impeachment,  on  the  petition 
of  two  or  more  tax  pa3'ers  of  the  city  of  J\Iol)ile, 
under  proceedings  to  be  had  in  the  circuit  or  city 
court  of  Mobile  county,  in  the  same  manner  as  is 
provided  by  the  code  of  Alabama  for  the  impeach- 
ment of  ma}'ors  and  intendants  of  incorporated  cities 
and  towns  in  this  State ;  provided,  however,  that 
such  proceedings  shall  be  had  before  the  judge  of 
said  court  and  without  a  jurv. 

Sec.  81.  r>c  it  further  enacted.  That  no  member  No  interest  in 
of  said  l)()ard  and  no  member  of  the  general  council 
shall,  directl}'  or  indirectly,  have  any  personal  inter- 
est or  share  in  any  way  in  the  income  or  profits  re- 
sulting from  any  contract  wdth  said  beard,  or  for  the 
sale  of  any  materials  to  or  performance  of  any 
service  or  labor  for  said  board,  or  for  materials  fur- 
nished or  services  rendered  to  any  person  carry- 
ing out  a  contract  with  said  board,  nor  shall  any 
member  of  said  l)oard  of  public  works,  except  the 
mayor,  hold  any  other  pul)lic  office. 

Sec.  82.     Ce  it  further  enacted,  I'hat  the  mavor 

Bonds. 

and  general  council  of  the  city  of  Mo1)ile  be  and  are 
herel)y  authorized  and  empowered  to  issue  bonds 
for  the  purpose  of  paving  the  streets,  alleys  and  pub- 
lic places  of  the  city  of  Mobile  under  the  conditions 
hereinafter  expressed  and  provided. 

Sec.  83.     Be  it  further  enacted.  That,  whenever  pavin"  or 
the  board  of  public  works  shall  deemit  wise  to  pave  alleys'^  '*" 
or  otherwise  improve  any  street  or  alley  or  public 
highway   or  portion   thereof,   or  the   streets,   alleys 


56 

and  public  highways  lying  within  certain  boundaries 
Tu-Ietfand  "^  ^hc  city  of  Mobilc,  said  board  shall  decide  the 
alleys.  material  with  which,  in  its  judgment,  such  paving 

or  improvement  should  be  done,  and  shall  make  an 
estimate  of  the  cost  thereof,  and  shall  forthwith 
make  report  to  the  general  council  of  their  decision 
as  to  such  paving  or  improvement  and  the  material 
and  estimated  cost  thereof.  The  general  council 
shall  act  upon  such  report  within  thirty  days  after 
receiving  the  same,  or  may  order  that  such  paving  or 
improvement  shall  not  be  done  at  all  without  fur- 
ther authority,  or  may  disapprove  the  proposed  ex- 
penditure therefor  if  deemed  by  it  excessive,  and 
may  fix  an  amount  wdiich  shall  not  be  exceeded  by 
the  board  in  doing  the  same.  If  such  expenditure 
be  so  limited,  it  shall  be  the  duty  of  the  board  to 
make  further  estimates  for  such  paving  or  improve- 
ing,  unless  it  shall  deem  that  the  same  can  not  be 
judiciously  done  within  such  limit,  and  shall  submit 
a  further  report  to  the  general  council,  wdiich  shall 
be  acted  on  as  above  provided,  and  this  course  shall 
be  pursued  until  a  project  of  the  board  for  such 
paving  or  improving  is  approved  by  the  general 
council,  or  until  a  limit  of  expenditure  shall  be  fixed 
by  it  so  low  that  in  the  judgment  of  the  board  it  is 
not  judicious  to  do  such  paving  or  improving  within 
it.  In  that  case  the  board  shall  enter  its  decision 
or  judgment  upon  its  record,  and  shall  not  be  re- 
quired to  proceed  further  as  to  such  paving  or  im- 
proving. But  it  may  at  an}^  time  not  less  than  thirty 
days  after  the  entry  of  such  judgment  take  up  again 
the  matter  of  such  paving  or  improving  and  submit 
a  further  report  or  reports  thereon  to  the  general 
council,  upon  which  the  same  proceedings  shall  be 
had  as  are  herein  provided.  Whenevc"  the  general 
council  shall  approve  any  project  of  the  board  for 
paving  or  improving,  it  shall  enter  such  approval 
upon  its  minutes  and  give  notice  thereof  to  the 
board,  which  shall,  by  formal  resolution,  order  that 
such  paving  or  improving  be  done  and  paid  for  as 


57 

hereinafter  provided.  Said  mayor  and  general  coun- 
cil shall  thereupon  provide  by  ordinance  for  the  is- 
suance of  bonds  of  the  character  hereinafter  de- 
scribed in  an  amount  sufficient  to  pay  the  cost  of 
such  paving  or  improving.  The  proceeds  from  the 
sale  of  such  bonds  shall  be  kept  separate  and  apart 
from  the  general  funds  of  the  city,  and  subject  to 
the  order  of  said  board,  to  be  used  only  for  said 
paving  or  improving,  and  any  surplus  for  the  re- 
demption of  the  bonds  issued  therefor.  Thereupon 
said  board  shall  proceed  at  once  to  have  said  paving 
or  improving  done;  provided,  however,  that  said 
board,  before  proceeding  to  pave  any  other  of  the 
streets  and  alleys  in  said  city,  shall  first  pave  all  the 
streets  and  alleys  in  that  portion  bounded  on  the 
east  side  by  the  Mobile  river,  on  the  south  by  the 
south  line  of  Church  street,  on  the  west  by  the  west 
line  of  Jackson  street,  and  on  the  north  by  the  north 
line  of  St.  Louis  street,  except  that  it  shall  also  con- 
tinue paving  of  Commerce,  Water  and  Royal  streets 
northward  from  said  boundary  line  to  Beauregard 
street ;  and  provided  also  that,  in  order  that  there 
shall  be  no  delay  of  the  work  of  paving  other  streets 
and  alleys,  they  may  proceed  with  such  other  paving 
while  completing  the  paving  in  the  boundary  afore- 
said, and  on  the  streets  herein  mentioned,  and  may 
also  proceed  to  the  paving  of  Dauphin  and  Govern- 
ment streets  to  the  city  limits  while  completing  the 
paving  within  the  boundary  and  on  the  streets  men- 
tioned. 

Sec.  84.  Be  it  further  enacted.  That  said  bonds  Bonds, 
shall  be  issued  in  the  form  of  negotiable  paper,  pay- 
able to  bearer,  and  shall  have  attached  thereto  cou- 
pons for  the  interest  thereon ;  and,  by  the  ordinance 
providing  for  the  issue  of  said  bonds,  full  provision 
shall  be  made  for  their  character  and  stipulations. 
Said  bonds  shall  be  in  such  denominations  as  the 
mayor  and  general  council  may  direct,  not  less  than 
fifty  dollars  nor  more  than  one  thousand  dollars 
each,    Said  bonds  shall  pay  interest  at  not  exceeding 


68 


Estimate  of 
cost  of  pavin 


Preliminary 
estimates. 


six  per  cent,  per  annum,  payable  semi-annually,  at 
such  place  or  places  as  may  be  specified  therein.  Said 
bonds  shall  be  issued  under  the  corporate  seal  of 
said  city  and  be  signed  by  the  mayor  and  city  clerk, 
and  shall  be  disposed  of  at  not  less  than  their  par 
value.  Said  bonds  shall  be  payable  on  or  before 
fifteen  years  from  their  date,  and  shall  be  so  issued 
that  any  one  or  more  of  them  may  be  redeemed  from 
time  to  time  out  of  any  surplus  that  may  remain 
from  the  sale  of  said  bonds  after  the  paving  or  im- 
proving for  which  they  were  issued  has  been  paid 
for,  and  out  of  the  funds  received  from  property 
owners  in  payment  for  their  portions  of  said  paving 
or  improving.  And  it  shall  be  the  duty  of  the  city 
to  redeem  at  least  one-fifteenth  of  each  and  every 
issue  of  said  bonds,  with  all  interest  due,  each  year 
till  they  are  extinguished. 

Sec.  85.  Be  it  further  enacted,  That,  when  said 
paving  or  improving  shall  have  been  done,  said 
board  shall  ascertain  and  make  formal  record  of  the 
following  facts,  and  any  other  facts  that  will  aid  in 
determining  in  what  proportion  said  paving  or  im- 
proving shall  be  paid  for  by  the  city,  the  street,  elec- 
tric or  other  railroads,  and  the  abutting  property 
owners:  (a)  The  total  cost  of  said  paving  or  im- 
proving, and  the  average  cost  thereof  per  square 
yard,  (b)  As  to  each  separate  cost  of  abutting  prop- 
erty, the  name  of  the  owner  (or  if  the  name  of  the 
owner  is  unknown  that  fact  shall  be  stated),  the 
street  number  (or  if  none  such  exists,  such  other 
reasonable  description  as  will  serve  to  identify  the 
property)  and  the  number  of  front  feet  abutting  on 
the  paving  or  improving,  (c)  What  portion  of  said 
paving  or  improving  should  be  paid  for  by  street, 
electric  or  other  railroads  for  paving  between  their 
tracks  and  for  eighteen  inches  on  each  side  thereof. 

Sec.  86.  Be  it  further  enacted.  That  thereupon 
said  board  shall  make  a  preliminary  estimate  of: 
(a)  The  portion  of  the  cost  of  said  paving  and  im- 
proving due  by  each  of  the  various  streets,  electric 


59 

or  other  railroads  operating  on  the  streets,  alleys 
or  other  public  places  paved  or  improved,  (b)  The 
portion  that  should  be  assessed  against  and  paid  by- 
each  abutting  property  or  property  owner;  the 
amount  assessed  aginst  such  property  or  property 
owner  to  be  measured  by  and  in  no  case  exceed  the 
special  benefits  accruing  to  said  property  or  prop- 
erty owner  by  reason  of  said  paving  or  improving, 
and  in  no  case  to  exceed  four  dollars  per  front  foot, 
measured  on  all  the  streets,  alleys  or  public  places 
on  which  the  property  has  a  front  which  has  been 
paved  or  improved ;  provided,  that  a  more  expensive 
pavement  may  be  used  with  the  written  consent  of 
the  abutting  property  owner,  and  provided,  further, 
that  the  city  of  Mobile  shall  pay  for  all  crossings 
and  intersections,  and,  in  addition  thereto,  for  not 
less  than  one-fourth  of  the  total  cost  of  the  paving 
of  such  streets  as  have  no  street  railroads  or  other 
railroads  which  are  required  by  law  to  pave,  and  not 
less  than  one-fourth  of  the  residue  of  the  cost  of 
paving  such  strets  upon  which  street  or  other  rail- 
roads are  required  by  law  to  pave,  and  (c)  the  por- 
tion that  should  be  paid  by  the  city  of  IVIobile. 

Sec.  87.     Be  it  further  enacted.  That,  after  said 

,.       •  ^-         ,       1  1  1     •.      1      11  Notice  to  prop- 

prelimmary  estimate  has  been  prepared,  it  shall  re- erty  owners, 
main  on  file  for  public  inspection,  and  said  board 
shall  give  at  least  ten  days'  notice  by  one  publica- 
tion in  a  newspaper  published  in  the  city  of  Mobile 
and  by  mailing  a  notice  to  each  abutting  property 
owner  whose  name  and  address  are  known,  of  the 
making  of  said  preliminary  estimate,  and  that  it  is 
open  to  public  inspection,  and  appointing  a  time 
when  and  a  place  where  all  parties  in  interest  may 
be  heard  in  opposition  to  said  preliminary  estimate 
or  any  part  thereof.  Said  notice  shall  be  sufficient 
if  it  states  generally  the  streets,  alleys  and  public 
places  or  portions  thereof  on  which  said  paving  or 
improving  has  been  done  as  a  whole,  and  it  shall  not 
be  necessary  to  state  the  names  of  the  owners  or 


60 


Hearing  of 
objections. 


Payment  for 
paving-. 


Other  details  connected  with  said  prehminary  esti- 
mate. 

Sec.  88.     Be  it  further  enacted,  That,  at  the  time 
and   place   appointed   for   said   hearing,   said   board 
shall  judicially  hear  all  written  objections  to  said 
preliminary   estimate   or   any   portion    thereof,    and 
shall   hear   all   proper   evidence   for   or  against   the 
same.     Said  board  shall  carefully  and  judicially  con- 
sider all  written  objections  and  all  evidence  offered, 
and  either  confirm  or  alter  the  portions  of  the  pre- 
liminary estimate  objected  to.     All  portions  of  said 
preliminary  estimate  not  objected  to  before  the  time 
appointed  for  hearing  said  objections  shall  be  final 
and  binding,  and  all  portions  objected  to  and  passed 
upon  shall,  as  passed  upon,  be  final  and  binding  un- 
less appealed  from  as  hereinafter  provided  for.     All 
final   and  binding  assessements   shall   have   all   the 
force  and  effect  of  judgments  at  law  against  the  re- 
spective owners  of  the  abutting  property,  subordi- 
nate only  to  the  lien  for  taxes,  and  shall  be  enforce- 
able in  the  same  manner  provided  for  the  collection 
of  city  taxes,  and  also  by  suit  at  law  or  in  equity. 
And  each  annual  installment,  as  it  falls  due,  may  be 
thus  enforced  by  separate  suit. 

Sec.  89.  Be  it  further  enacted,  That  any  party  in 
interest  may  appeal  from  any  decision  of  said  board 
to  the  circuit  court  of  Mobile  county  within  ten  days 
r.fter  said  decision,  upon  giving  security  for  the  costs 
of  said  appeal,  to  be  approved  by  said  board,  by 
filing  with  the  clerk  of  said  board  a  notice  of  appeal, 
a  copy  of  which  shall  be  served  by  said  clerk  on 
the  mayor;  and  said  clerk  shall  send  to  the  circuit 
court  an  exact  copy,  of  the  assessments  appealed 
from  within  ten  days  after  the  filing  of  the  notice  of 
appeal ;  and  the  trial  in  the  circuit  court  shall  be 
de  novo,  and  from  the  judgment  therein  rendered  an 
appeal  shall  lie  as  in  other  cases. 

Sec.  90.  Be  it  further  enacted,  That,  whenever 
the  cost  of  paving  or  improving  has  been  assessed 
as  above  provided,  the  property  owner  may  pay  the 


61 

entire  amount  clue  at  once,  and  thereby  discharge 
the  hen  against  him,  or  he  may  pay  not  less  than 
one-fifteenth  thereof  in  cash  and  not  less  than  one- 
fifteenth  thereof  each  year  thereafter  until  the  whole 
is  paid,  and  with  each  payment  must  also  be  paid 
interest  at  not  exceeding  six  per  cent,  per  annum 
on  the  amount  then  due  from  the  date  of  the  last 
payment.  The  first  payment  in  each  instance  shall 
be  due  on  the  first  day  of  the  month  next  succeeding 
that  in  which  said  board  finished  hearing  objections 
as  above  set  out,  and  the  subsequent  payments  on 
the  same  day  in  each  succeeding  year.  All  such 
payments  shall  be  made  to  the  city  tax  collector  in 
the  same  manner  as  taxes  are  paid.  All  such  moneys 
shall  be  applied  to  the  redemption  of  the  series  of 
bonds  appertaining  to  the  paving  or  improving,  for 
which  said  moneys  are  a  part  payment  until  all 
bonds  of  said  series  are  redeemed.  Thereafter  said 
moneys  shall  be  used  for  any  other  paving  or 
improving  said  board  may  designate. 

Sec.  91.  Be  it  further  enacted.  That,  should  there  P^f,^««^f^*'tc. 
be  a  street,  electric  or  other  railroad  upon  any  street 
or  alley  determined  to  be  paved,  the  cost  of  paving 
between  and  under  the  rails  of  such  tracks  and 
eighteen  inches  on  either  side  of  such  track  or 
tracks,  including  switches  and  turnouts,  shall  be 
paid  by  the  owner  or  owners  of  such  road,  and  shall 
be  assessed  and  collected  from  such  owner  or  own- 
ers, and  shall  be  a  lien  upon  the  property  of  such 
person  or  company,  in  the  same  manner  as  herein- 
before provided  for  as  to  other  property  owners. 
And  should  any  street,  electric  or  other  railroad  or 
railway  be  constructed  upon  any  street  which  has 
been  previously  paved  under  this  act,  the  owner  or 
owners  thereof  shall,  before  beginning  such  con- 
struction, pay  to  the  city  clerk  the  cost  of  paving  be- 
tween the  rails  of  the  tracks  contemplated  and  eigh- 
teen inches  on  each  side  of  such  tracks,  including 
switches  and  turn-outs. 


62 


When  assess- 
ment invalid. 


Effect  of   this 
act. 


Legral  suc- 
cessor. 


Sec.  92.  Be  it  further  enacted,  That  if,  for  any 
reason,  any  assessment  or  any  part  thereof  should 
be  invahd  or  incapable  of  enforcement,  this  shall 
not  absolve  the  property  owners  and  the  property 
from  the  indebtedness  due  for  said  paving  or  im- 
proving, but  said  board  shall  proceed  to  make  a  new 
and  valid  assessment  in  accordance  with  the  law  and 
the  facts,  in  whole  or  in  part,  as  may  be  necessary. 

Sec.  93.  Be  it  further  enacted.  That  this  act  shall 
take  effect  and  be  in  force  on  and  after  its  approval, 
except  that  the  present  incumbents  of  the  respec- 
tive offices  in  said  city  shall  continue  to  perform 
the  duties  and  receive  the  emoluments  thereof  until 
their  successors  have  been  elected  and  qualified  un- 
der the  provisions  of  this  act.  The  general  council 
shall  not  have  authority  to  add  to  the  salary  or 
compensation  of  any  official  or  employee  whose  sal- 
ary or  compensation  is  fixed  by  this  act. 

Sec.  94.  Be  it  further  enacted.  That  the  munici- 
pal corporation  hereby  created  shall  be  in  all  re- 
spects the  legal  successor  of  the  late  municipal  cor- 
poration known  as  the  city  of  Mobile. 

Sec.  95.  Be  it  further  enacted,  That  all  laws  and 
parts  of  laws  in  coflict  with  the  provisions  of  this 
act  be  and  the  same  are  hereby  repealed. 

Approved  March  5,  1901. 


v-fm^^iMfW^^ 


_^^^6^:l,^^^ , 


REPORT  OF 
COMMITTEE  ON  REVISION 


PROPOSED 

NEW  CHARTER 

CITY  OF  MOUNT  VERNON,  N.  Y. 


FINAL  DRAFT 
MARCH  t9J0 


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1^ 

REPORT 

OF  THE  SPECIAL  COMMITTEE  TO 

REVISE  THE  PROPOSED 

CHARTER. 


To  the  Honorable  Mayor  and  Common  Council  of  the  City  of 
Mount  Vernon : 

Pursuant  to  the  resolution  of  your  honorable  body,  the 
undersigned  committee  beg  to  submit  this  report  with  our  final 
revision  of  the  draft  of  the  charter  for  the  city  submitted  to  the 
people  in  1909. 

Of  the  members  of  the  committee  appointed  by  Mayor 
Howe  in  November  last,  Alderman  Ransom  Caygill  and  Mr.  A. 
J.  McCarten  asked  to  be  relieved  from  the  duty;  Mayor  Fiske 
requested  Alderman  Van  Tassell  to  serve  in  the  place  of  the  for- 
mer, but  he  felt  compelled  to  decline  and  the  place  remained 
vacant;  Mr.  Edward  M.  Davis  accpted  Mayor  Fiske's  appoint- 
ment in  the  place  of  Mr.  McCarten.  Judge  Sidney  A.  Syme  was 
able  to  attend  only  one  meeting. 

A  preliminary  draft  of  our  revision,  representing  the  tenta- 
tive views  of  a  majority  of  the  committee,  was  completed  in  Jan- 
uary, printed  and  submitted  to  public  hearings,  four  of  which 
were  held.  All  the  important  provisions  in  this  preliminary  draft 
were  adopted  only  after  thorough  discussion,  and  those  features 
of  the  1909  draft  which  were  omitted,  were  likewise  carefully 
considered  before  conclusions  were  reached. 

A  large  number  of  suggestions  were  received  at  the  public 
hearings,  many  of  which  were  valuable  and  utilized  by  the  com- 
mittee in  determining  questions,  as  will  be  observed  when  the 
final  draft  is  compared  iwth  the  preliminary  one,  a  copy  of  which 
is  submitted  herewith. 

Certain  general  principles  have  been  kept  constantly  in  view 
in  shaping  the  document : 


(a)  The  elimination  of  partisan  politics  from  the  adminis- 
tration of  our  municipal  business. 

(b)  The  concentration  of  responsibilities  and  hence  of 
powers. 

(c)  The  simplification  of  the  ballot. 

(d)  The  largest  practicable  provision  for  home  rule,  and 
measures  to  enlist  the  interest  of  the  people  in  their  public  affairs. 

(e)  The  retention  of  approved  permanent  provisions  of  the 
present  charter,  not  inconsistent  with  the  proposed  system. 

With  respect  to  the  last-named  feature,  the  chief  considera- 
tion has  been  to  avoid  the  need  of  an  appeal  to  the  legislature  of 
the  state  whenever  a  modification  of  a  charter  provision  is 
desired ;  to  that  end  the  plan  was  proposed  of  having  existing 
laws  and  ordinances  that  are  likely  to  be  subject  to  change  as  the 
city  develops,  enacted  into  an  amendable  code,  by  the  commis- 
sioners, and  only  those  which  would  probably  not  require 
changes,  embodied  in  the  charter.  By  subjecting  amendments  to 
this  code  in  important  particulars  to  a  referendum,  the  requisite 
restraint  upon  the  new  city  government  would  be  provided  for. 
It  was  found  desirable,  however,  to  re-enact  a  substantial  part  of 
the  present  charter. 

Thus,  under  the  proposed  system,  it  will  no  longer  be 
necessary  to  ask  permission  of  the  legislature  to  increase  the 
annual  outlays  for  our  library;  or  to  increase  the  number  of 
roundsmen  to  be  employed  on  our  police  force;  and  as  to  similar 
matters,  over  which  the  people  of  the  city  should  have  absolute 
power  of  determination. 

The  need  for  arousing  interest  in  the  city's  affairs  among 
the  people  has  been  met  in  the  sections  relating  to  the  refer- 
endum, the  initiative,  the  recall  and  the  manner  of  nominating 
candidates  for  office.  These  constitute  important  additions  to 
the  1909  draft. 

Coming  now  to  certain  details,  referring  to  the  final  draft : 

A  suggestion  to  include  a  heraldic  description  of  the  city's 
seal  was  considered,  but  not  approved. 

The  present  charter  provisions  respecting  claims  against  the 
city  are  continued,  with  an  extension  of  the  period  within  which 


claims  must  be  presented,  from  thirty  to  sixty  days ;  the  provision 
relating  to  claims  for  injuries,  omitted  from  the  1909  draft,  is 
to  be  re-enacted.  (Section  5).  In  section  6,  a  proviso,  making-  the 
warrants  issued  in  payment  of  claims  negotiable,  has  been 
inserted. 

The  publicity  features  (section  9)  have  been  materially 
improved.  Sections  10  to  12,  relating  to  the  required  changes 
in  offices  have  been  amplified ;  due  consideration  was  given  to  the 
suggestion,  that  the  provisions  in  former  drafts  extending  terms 
of  office,  were  probably  unconstitutional. 

The  plan  to  have  five  commissioners,  one  of  whom  to  be 
known  as  the  mayor,  remains ;  but  all  of  the  commissioners  are 
given  executive  duties,  instead  of  having  two  without  such  duties, 
as  in  the  1909  draft. 

The  distribution  of  powers  and  duties  has  been  altered 
somewhat  from  that  in  our  preliminary  draft;  thus  there  is  to 
be  no  commissioner  of  education,  and  the  duti 
ment  are  assigned  to  the  fifth  commissioner. 

The  school  affairs  are  to  be  managed  by  five,  instead  of  ten, 
trustees,  to  be  chosen  at  large  for  five-year  terms,  one  in  each 
year ;  the  mayor  is  to  be  president  of  the  school  board,  without  a 
vote  except  in  case  of  a  tie ;  the  final  determination  of  the  school 
budget  and  the  issue  of  bonds  for  school  purposes,  is  to  be  in  the 
board  of  commissioners,  the  latter  subject,  however,  to  the  refer- 
endum at  the  demand  of  the  school  board.  The  committee  has 
been  nearly  unanimous  throughout,  upon  the  point  that  the  pres- 
ent dual  system  of  taxing  and  issuing  bonds  is  repugnant  to  the 
cardinal  principle  of  government  by  commission,  that  responsi- 
bilities and  powers  be  concentrated.  The  present  system  leads 
to  clashing  of  interests  which  frec[uently  proves  detrimental  to 
the  schools.  In  other  particulars,  the  school  provisions  of  the 
present  charter,  including  the  right  of  women  to  vote  upon  school 
questions,  are  to  be  re-enacted  without  material  change.  It  is 
believed  that  careful  consideration  will  bear  out  the  view  held  by 
the  majority  of  the  committee,  that  the  proposed  plan  will  prove 
beneficial  to  the  school  system. 

Provision  for  terms  of  office,  and  their  adjustment  to  condi- 
tions as  they  will  exist  when  the  charter  becomes  operative,  have 
been  carefully  prepared. 


The  commissioners'  terms  are  fixed  at  five  years,  but  after 
the  first  election  only  one  will  be  voted  for  annually.  Thus,  as 
far  as  the  city  affairs  proper  are  concerned,  we  shall  have  a  sim- 
plified ballot,  regarded  so  desirable  for  the  purpose  of  enabling 
electors  to  vote  with  greater  opportunity  for  intelligent  discrim- 
ination. 

All  the  elective  officials  are  to  be  elected  at  large,  ward  lines 
being  abolished. 

As  provided  in  the  1909  draft,  the  city  court  judge  and  his 
deputy  are  to  hold  office  for  six  years  and  the  jurisdection  of  the 
court  is  enlarged,  substantially  to  that  of  a  county  court.  The 
judge  is  to  be  paid  a  salary  of  $6,000  per  annum,  but  not  per- 
mitted to  practice.  The  deputy  is  prohibited  from  practicing  in 
the  city  court. 

The  anomalous  condition  of  having  one  supervisor  chosen 
in  an  "off  year"  has  been  done  away  with. 

The  important  question  of  the  salaries  of  the  commissioners 
has  been  determined,  after  very  full  discussion,  in  a  manner 
believed  to  be  acceptable  to  a  large  majority  of  the  people;  the 
committee  concluded  that  $2,500  for  the  mayor,  and  $2,000  for 
each  of  the  commissioners,  would  be  ample,  in  view  of  the  fact 
that  these  officials  are  not  to  be  expected  to  give  their  entire  time 
to  the  service  of  the  city.  We  are  justified  in  relying  in  a  consid- 
erable degree  upon  the  public  spirit  of  our  citizens  qualified  to  fill 
these  offices.  Yet  provision  is  made  to  increase  these  salaries,  if 
the  growth  of  the  city's  business  justifies  such  a  step,  by  a  vote  of 
the  people,  obviating  appeals  to  the  legislature. 

The  several  sections  providing  for  deputy  commissioners, 
have  been  eliminated,  in  accordance  with  suggestions  received. 

The  prompt  deposit  in  the  city  treasury  of  all  revenues  and 
fees  received  by  officers  and  employees,  is  provided  for;  and 
special  attention  has  been  given  to  the  establishment  of  thorough 
accounting. 

Despite  considerable  opposition  the  proviso  that  the  commis- 
sioners shall  be  freeholders,  has  been  retained  in  section  20,  an 
important  amendment  of  the  1909  draft. 

IV 


Section  25  is,  in  the  judgment  of  the  committee,  the  most 
important  in  the  charter;  it  is  presented  without  material  change 
from  the  original  form.  In  it  the  general  powers  of  the  commijs- 
sioners  classifiable  as  legislative,  are  broadly  set  forth.  Except 
as  limited  in  other  sections,  or  by  the  state  laws,  these  powers  are 
large  and  clearly  make  for  home  rule.  They  are  necessary  to 
most  efficiently  promote  the  general  welfare  of  the  city  and  its 
inhabitants,  which  is  the  paramount  object  of  the  charter. 

Under  section  26,  a  number  of  powers  are  specified,  the 
greater  part  carried  over  from  the  present  charter ;  most  of  these 
might  have  been  omitted,  but  a  useful  purpose  is  served  by  the 
course  pursued.  The  suggestions  that  mandatory  provisions 
should  be  separated,  has  been  followed  by  placing  them  in 
section  27. 

After  extended  discusison  of  the  subject,  and  due  consider- 
ation of  suggestions  offered,  the  power  to  transfer  unexpended 
balances  of  appropriations  of  public  funds,  within  certain  limita- 
tions, has  been  continued,  substantially  as  provided  in  the  amend- 
ment to  the  present  charter,  in  chapter  561  of  the  laws  of  1905. 

The  authority  to  issue  bonds  is  broad  and  general ;  yet  the 
right  of  the  people  to  require  a  referendum  thereon,  operates  as 
a  wholesome  restriction  upon  the  commissioners.  Long  term 
bonds  are  to  be  issued  only  for  permanent  objects,  and  the  cre- 
ation of  sinking  funds  is  made  mandatory. 

In  the  distribution  of  executive  powers  the  mayor,  beside 
having  general  supervision  of  the  city's  business,  has  been 
charged  with  the  preparation  of  the  budget,  the  control  and  audit 
of  receipts  and  expenditures,  the  city  records,  the  elections,  and 
the  presidency  of  the  school  board.  The  powers  and  functions  of 
the  commissioners  of  public  safety  and  public  works  remain  sub- 
stantially as  originally  proposed ;  the  former  has  the  supervision 
of  the  police,  fire  and  health  departments ;  the  latter  is  to  direct 
the  business  relating  to  public  improvements,  the  care  of  streets, 
public  buildings,  sewers,  etc. ;  the  commissioner  of  finance  has 
all  the  city  funds  in  charge,  receiving,  collecting  and  disbursing 
all  moneys ;  the  fifth  commissioner  looks  after  tax  levies,  assess- 
ments and  the  purchase  of  supplies. 

The  plan  in  the  1909  draft  of  having  an  auditor  to  hold 
ofiice  at  the  pleasure  of  the  commissioners,  was  rejected  as  inad- 


equate  to  provide  for  effective,  independent  accounting  control; 
hence  the  duties  were  imposed  upon  the  mayor. 

As  a  further  measure  to  enable  the  people  to  acquaint  them- 
selves with  the  financial  condition  of  the  city,  publication  of  fre- 
quent reports  is  required. 

Numerous  sections  are  added  to  re-enact  our  laws  relating 
to  taxation,  police,  special  assessments  and  schools,  using  the 
provisions  of  the  present  charter  as  a  basis.  Several  laws  are, 
however,  not  re-enacted,  but  are  to  remain  undisturbed ;  thus  the 
delinquent  tax  law  of  1908,  the  police-pension-fund  law,  the 
school-pension-fund  law,  the  library  act,  the  art  commission  act, 
the  law  relating  to  vacating  assessments  and  the  old  village  sewer 
act.  The  first  named  act  was  included  in  our  preliminary  draft, 
but  it  was  finally  held  desirable  to  exclude  the  text  from  the 
charter. 

The  provisions  relating  to  the  referendum,  the  initiative, 
the  recall  and  nominations,  are  embodied  in  title  XIII. 

In  order  that  the  rather  costly  application  of  the  referendum 
may  not  be  resorted  to  too  frequently,  a  method  suggested  to  us 
■for  a  preliminary  manifestation  of  popular  opinion  at  public  hear- 
ings, at  the  request  of  twenty-five  electors,  was  adopted.  This 
intermediate  step  will,  in  many  instances,  obviate  the  need  for  a 
referendum ;  or  by  attracting  public  attention,  render  the  obtain- 
ing of  the  required  signatures  therefor  much  less  difficult,  if 
public  opinion  is  really  in  favor  of  the  movement. 

The  occasions  when  the  referendum  may  be  used  are  when  a 
franchise  is  to  be  granted,  when  appropriations  exceeding 
$25,000  are  proposed,  when  a  bond  issue  is  regarded  advisable, 
when  it  is  proposed  to  increase  the  salaries  of  the  commissioners. 
A  special  section  defines  the  term  franchise,  as  used  in  the  charter. 

After  much  discussion  it  was  determined  to  require  only 
five  per  cent,  of  the  electors  to  demand  the  referendum.  The 
same  number  is  made  requisite  to  call  for  action  of  the  commis- 
sioners, by  means  of  the  initiative,  upon  proposed  ordinances 
desired  by  the  people. 

The  recall,  without  which,  in  the  opinion  of  the  majority 
of  the  committee,  government  by  commission  would  be  seriously 
defective,  is  not  to  be  operative  except  upon  demand  of  twenty- 


five  percent,  of  the  electors ;  it  should  not  be  made  so  easy  as  to 
lead  to  frequent  agitation  on  ill-founded  prtexts  or  through  polit- 
ical scheming.  For  this  reason  also,  the  proviso  requiring  that 
one-fifth  of  the  required  number  be  adherents  of  each  dominant 
political  party,  is  retained  as  in  the  preliminary  draft.  It  is 
regarded  necessary,  in  order  to  avoid  giving  an  opportunity  to 
any  one  opposing  group,  to  needlessly  harass  an  official.  The 
present  statutory  power  of  removal  by  the  governor,  remains, 
(section  15). 

Respecting  nominations  for  office,  (school  trustees 
excepted),  the  suggestion  to  provide  for  nominations  by  twenty- 
five  electors,  and  a  preliminary  election  to  take  place  some  time 
prior  to  the  general  election  day,  w^as  rejected;  but  the  number 
of  signatures  required  to  nominate  has  been  materially  reduced 
from  that  recommended  in  the  preliminary  draft.  The  final 
action  of  the  committee  fixed  this  at  500. 

School  trustees  are  to  be  nominated,  as  well  as  elected,  in 
the  manner  now  provided  for. 

Petitions  for  the  purpose  covered  by  title  XIII  may  be 
proved  by  a  subscribing  witness,  thus  facilitating  the  work  of 
obtaining  signatures.  The  commissioners  are  to  prepare  and 
provide  the  required  forms. 

Care  has  been  taken  to  avoid,  so  far  as  practicable,  the  added 
expense  of  special  elections ;  but  without  unduly  restricting  the 
right  of  the  people  to  have  questions  submitted  to  them. 

The  machinery  under  which  these  functions  are  to  be  exer- 
cised by  the  electors,  has  been  carefully  drawn  and  subjected  to 
much  study.  The  general  election  law  of  the  state  naturally  re- 
mains to  govern,  respecting  details  not  specifically  provided  for 
in  the  charter.. 

There  remain  two  important  features  which  have  caused 
much  discussion,  and  upon  which  a  material  difference  of  opinion 
has  become  manifest. 

The  first  of  these  was  a  suggestion,  made  at  one  of  the 
public  hearings,  that  there  be  embodied  in  the  charter  a  provision 
permitting  the  electors  of  each  district  of  the  city  to  vote  upon 
the  question  of  local  option  under  the  excise  law.  Upon  this 
suggestion  a  majority  of  the  committee  stands  opposed,   solely 


because  of  the  belief  that  such  a  provision  would  be  of  question- 
able constitutionality ;  the  purpose  can  be  accomplished  by  special 
act,  avoiding  the  constitutional  objection ;  and  we  recommend  to 
those  who  desire  this  legislation  that  they  prepare  such  an  act 
for  submission  to  the  legislature. 

The  second  feature  also  came  as  a  suggestion  of  amendment 
at  one  of  the  public  hearings.  It  proposed  that  the  charter,  after 
it  has  become  law,  shall  be  resubmitted  to  the  people,  to  be  voted 
upon  before  its  acceptance. 

With  due  deference  to  the  sentiment  prevailing  at  the  pub- 
lic hearing  referred  to,  which  was  the  most  largely  attended  of 
the  four,  a  majority  of  the  committee,  after  much  deliberation, 
concluded  not  to  embody  the  provision  in  its  draft  of  the  charter. 

The  committee  felt  bound  to  regard  the  very  substantial 
vote  cast  upon  the  question  last  November  as  a  mandate ;  investi- 
gation has  demonstrated  that  the  majority  then  given  would 
have  been  materially  larger  but  for  a  misunderstanding  of  the 
question  as  put  before  the  people.  In  order  that  there  may  be  no 
doubt  as  to  the  question  voted  upon,  the  language  thereof  is  here 
reproduced : 

Shall  the  proposed  eJiorter  for  the  government  of  the  city 
of  Mount  Vernon  under  what  is  knozvn  as  the  commission  system 
be  submitted  to  the  legislature  zvith  such  amendments  and  modi- 
fications as  the  common  council  may  adopt  after  a  public  hearing 
to  be  called  for  the  consideration  thereof,  with  the  request  of  the 
inhabitants  of  Mount  Vernon  that  it  be  passed  ? 

This  mandate  is  construed  by  the  committee  to  have  been  a 
direction  to  your  honorable  body  to  amend  the  draft  of  char- 
ter of  1909  and  present  it  to  the  legislature  for  enactment ;  our 
own  functions  are  merely  advisory  in  the  performance  of  the  duty 
so  imposed. 

In  the  regular  course  of  procedure  the  bill  would,  after 
passing  the  legislature,  and  before  approval  by  the  governor, 
come  back  to  your  body  for  acceptance,  after  a  public  hearing. 
Thus,  if  the  legislature  should  make  material  or  objectionable 
changes  in  the  draft,  the  city  would  still  have  the  power  of  veto. 
There  can  hence  be  no  danger  that  the  people  will  be  forced  to 
accept  an  objectionable  charter. 

VIII 


Furthermore,  the  proposed  resubmission  would  have  to  be 
made  either  at  a  special  election,  or  at  the  general  election  next 
November.  If  a  special  election  were  determined  upon,  the  tax- 
payers would  be  saddled  with  a  very  considerable  extra  expense 
(estimated  at  not  less  than  $5,000),  at  the  behest  of  a  relatively 
very  small  number  of  them.  If  the  resubmission  were  to  be 
delayed  until  November,  the  charter  would  be  useless;  since  at 
the  same  election  the  people  would  have  chosen  officers  under  the 
present  charter,  the  provisions  of  the  new  instrument,  if  adopted, 
would  not  become  operative  and  a  further  revision  would  be 
necessary,  meaning  of  course  further  legislation. 

In  these  circumstances  the  majority  of  the  committee  felt 
warranted  in  following  the  expressed  views  of  the  majority  of 
the  sixty  odd  per  cent,  of  electors  who  voted  on  the  question  last 
November,  rather  than  those  of  the  not  to  exceed  125  citizens 
who  attended  the  public  hearing  at  which  the  suggestion  was 
made;  and  they  therefore  omit  all  reference  to  resubmission  in 
the  final  draft. 

Respectfully    submitted, 

Maurice  L.   Muhleman,  Chairman, 
J.  George  Hermes,  Jarvis  W.  Mason, 

J.  Albert  Zimmermann,  William  B.  Martin, 

George  H.  Taylor,  Jr.,  W.  A.  Waterman, 

James  Packman,  .  Edward  M.  Davis. 

Allen  W.   Reynolds, 

Secretary. 

March  12,  1910. 


Messrs.  Wallace  N.  Vreeland,  Frank  A.  Bennett 
and  John  P.  Walther,  dissent  from  the  views  of  the 
majority  on  the  subject  of  resubmission  of  the  charter  to  a 
vote. 

IX 


PROPOSED  CHARTER  AS  REVISED. 

An  Act  to  Provide  a  New  Charter  for  the 
City  of  Mount  Vernon, 

The  people  of  the  State  of  Nei^'  York  represented  in  Senate 
and  Assembly,  do  enact  as  follozus: 

TITLE  I. 

Of  the  Boundaries  and  Officers  of  Said  City  and  General 
Provisions. 

Section  i.  All  that  district  of  country  which  at  the  time 
of  the  incorporation  of  the  city  of  Mount  Vernon  was  in  the 
town  of  East  Chester,  in  the  county  of  Westchester  and  state  of 
Xew  York,  comprised  within  the  following  boundaries,  namely: 
Commencing  at  a  point  in  the  center  of  Bronx  River  at  the  inter- 
section thereof  with  what  was  formerly  the  northerly  boundary 
line  of  the  incorporated  village  of  South  Mount  Vernon;  run- 
ning thence  generally  in  an  easterly  direction  along  what  was 
formerly  the  northerly  boundary  line  of  the  said  incorporated  vil- 
lage of  South  Mount  Vernon  to  Eleventh  Avenue  and  Bronx 
Place  therein;  .thence  southerly  along  the  westerly  side  of 
Eleventh  Avenue  to  Mundy  Lane;  thence  southerly  along  the 
westerly  side  of  jMundy  Lane  to  the  Kings  Bridge  Road;  thence 
due  south  to  a  continuation  of  the  northerly  boundary  line  of  the 
city  of  New  York ;  thence  easterly  along  said  continuation  of  the 
northerly  boundary  line  of  the  city  of  New  York  to  Hutchinson 
River  or  Creek;  thence  northerly  along  the  center  line  of  said 
Hutchinson  River  or  Creek,  as  the  same  turns  and  winds,  to  a 
point  as  far  north  as  the  northernmost  point  in  the  town  of  Pel- 
ham,  in  said  county  of  Westchester ;  thence  westerly  along  a  line 
extending  across  the  town  of  East  Chester  parallel  with  the  said 
nuorthern  boundary  line  of  the  city  of  New  York  to  the  center  of 
the  Bronx  River:  thence  southerly  along  the  center  of  the  Bronx 
River,  as  the  same  turns  and  winds,  to  the  •  place  or  point  of 


beginning;  shall  continue  to  be  and  shall  be  a  city  known  as  the 
"City  of  Mount  Vernon" ;  and  the  citizens  of  this  state  from 
time  to  time  inhabitants  within  the  aforesaid  limits  shall  be  a 
body  corporate  and  politic  of  the  name  of  the  "City  of  Mount 
Vernon"  and  as  such  shall  have  all  the  rights,  powers  and  privil- 
eges conferred  by  the  general  statutes  of  this  state  upon  muni- 
cipal corporations,  as  well  as  those  conferred  by  this  act,  which 
act  shall  be  known  as  the  "Charter  of  the  City  of  Mount 
Vernon." 

Section  2.  Said  city  shall  have  a  common  seal  and  may 
sue  and  be  sued  in  its  corporate  name. 

Section  3.  In  this  act  the  w^ord  "law"  refers  to  the  consti- 
tution of  this  state  and  to  the  acts  of  the  legislature. 

The  word  "ordinance"  refers  to  the  acts  of  the  board  of 
commissioners  hereinafter  provided  for  and  to  ordinances  of  the 
city  in  force  when  this  act  becomes  operative. 

The  term  "regulation'  'refers  to  the  acts  of  the  several 
commissioners  and  to  the  rules  and  regulations  of  any  depart- 
ment or  head  of  department  of  the  city  in  force  when  this  act 
becomes  operative. 

Section  4.  No  person  shall  be  incompetent  as  judge, 
justice,  witness  or  juror,  in  any  action  or  proceeding  in  which  the 
city  is  a  party  interested,  by  reason  of  his  being  an  inhabitant  or 
freeholder  of  the  city. 

Section  5.  No  action  or  special  proceeding  on  contract  or 
in  tort  shall  be  prosecuted  or  maintained  against  the  city,  unless 
it  shall  affirmatively  appear  from  the  complaint  or  other  moving 
paper  and  upon  the  trial  or  hearing,  that  at  least  sixty  days  have 
elapsed  since  the  claim  upon  which  the  action  or  special  proceed- 
ing is  founded  was  presented  to  the  board  of  commissioners  for 
adjustment,  and  that  such  claim  has  not  been  paid.  Within  said 
pjeriod  of  sixty  days  from  the  time  of  presentation,  said  board 
may  require  the  person  or  persons  presenting  such  claim  to  be 
sworn  before  them  and  examined  under  oath  orally  as  to  any 
facts  relating  to  said  claim.  No  action  or  special  proceeding 
shall  be  prosecuted  or  maintained  against  the  city  for  the  recov- 
ery of  damages  for  a  personal  injury  founded  on  tort,  for  which 
it  is  alleged  the  city  is  responsible,  unless  the  notice  of  claim 
hereinbefore  required  is  presented  within  three  months  after  the 
injury  is  alleged  to  have  been  received ;  which  notice  must  be  in 


writing  and  verified  by  oath  of  the  claimant,  and  must  describe 
the  time,  place,  cause  and  extent  of  the  injury,  so  far  as  then 
practicable.  Should  such  injury  result  in  death,  claim  may  be 
filed  at  anly  time  within  six  months  after  the  death  of  the  party 
injured. 

Section  6.  No  costs,  fees,  disbursements,  or  allowances 
shall  be  recovered  in  any  judgment  against  any  officer  or  author- 
ized agent  of  the  city  where  the  city  would  be  liable  to  respond  to 
any  such  officer  or  agent,  unless  the  claim,  whether  in  contract  or 
in  tort,  upon  which  judgment  is  founded,  shall  have  been  pre- 
sented for  payment  to  the  board  of  commissioners,  as  provided 
in  the  preceding  section;  except  that  when  such  officer  or  agent 
shall  answer  and  litigate  or  defend  such  claim,  action  or  pro- 
ceeding, such  defendant  shall  be  liable  for  costs  in  all  respects  as 
in  cases  where  the  claim  is  presented  as  aforesaid  more  than 
thirty  days  after  action  is  commenced.  No  bond  or  undertaking 
shall  be  required  on  the  part  of  the  city  in  any  action  or  proceed- 
ing wherein  the  city  is  a  party.  No  execution  shall  be  issued  on 
any  judgment  recovered  against  the  city  or  any  officer  for  whose 
acts  it  is  liable;  but  the  board  of  commissioners,  within  sixty 
days,  exclusive  of  the  time  during  which  an  appeal  may  be  pend- 
ing, after  the  final  recovery  of  any  such  judgment,  must  cause  a 
warrant  to  be  issued  for  the  amount  thereof,  payable  with  inter- 
est on  the  first  day  of  March  after  the  next  annual  tax  levy, 
which  warrant  shall  be  negotiable,  and  said  board  shall  include 
the  amount  necessary  to  pay  such  warrant  with  the  interest 
thereon  in  the  next  annual  tax  levy,  in  addition  to  such  other 
sums  as  are  authorized  bv  law. 


debt,  as  well  as  for  any  remaining  bonded  debt  of  the  village  of 
Mount  Vernon  and  of  the  town  of  East  Chester,  for  which  the 
city  is  liable  at  the  date  when  this  act  becomes  operative,  and 
shall  pay  and  discharge  the  annual  interest  accruing  thereon  and 
the  principal,  as  the  same  shall  fall  due. 

Section  8.  All  ordinances  and  regulations  now  in  force  in 
the  city,  not  inconsistent  wuth  this  act,  shall  continue  in  force 
until  repealed. 

Section  9.  Until  the  city  shall  publish  an  official  record, 
there  shall  be  designated  by  the  board  of  commissioners  one  or 

3 


more  newspapers  published  within  the  city,  to  be  known  as  the 
official  newspapers;  and  all  ordinances  imposing  a  penalty,  all 
ordinances  of  class  mentioned  in  section  124,  and  all  notices 
required  by  law  or  ordinance  to  be  published,  shall  be  published 
therein  on  a  date  to  be  fixed  by  the  board.  Ordinances  imposing 
a  penalty  shall  not  take  effect  until  the  expiration  of  ten  days 
after  the  date  of  publication :  those  of  a  class  specified  in  section 
124  shall  not  take  effect  until  the  expiration  of  thirty  days  after 
the  date  of  publication.  The  board  shall  designate  a  day  in  each 
week  when  official  notices  shall  be  published,  and  may  from  time 
to  time  change  such  designation.  When  the  city  shall  publish  an 
official  record  such  publication  shall  be  made  therein. 

Section  10.  Except  as  hereinafter  otherwise  provided,  all 
officers  and  employes  of  the  city  shall  continue  in  office  or 
employment  at  the  same  compensation  which  they  now  receive 
until  otherwise  ordered  by  the  board  of  commissioners  or  the 
commissioner  to  whose  department  they  may  be  assigned. 

Section  ii.  Upon  the  qualification  of  a  majority  of  the 
commissioners  hereinafter  named  the  following  officers  of  the 
city  shall  vacate  their  offices :  The  comptroller,  the  city  treasurer, 
the  justices  of  the  peace,  the  receiver  of  taxes,  the  assessors, 
the  aldermen,  the  president  of  the  board  of  education  and  the 
school  trustees  elected  in  June,  19 10,  the  commissioner  of  public 
works,  the  corporation  counsel,  the  city  clerk,  the  police  commis- 
sioner, the  police  surgeon,  the  fire  commissioners,  the  commis- 
sioner of  charity,  the  board  of  health,  the  health  officer,  the  civil 
service  commissioners,  the  constables,  and  the  pound  master.  At 
the  election  to  be  held  in  November  1910,  no  successors  to  any 
of  the  above  officers  who  may  be  elective  officers  shall  be  elected ; 
but  when  the  majority  of  the  commissioners  herehiafter  referred 
to  shall  have  qualified  and  entered  upon  their  terms  of  office,  it 
shall  be  deemed  that  within  the  meaning  of  section  5  of  the  Pub- 
lic Officers'  Law,  the  successors  of  these  officers  have  been  chosen 
and  qualified. 

Section  12.  The  incumbents  of  the  offices  of  comptroller, 
city  treasurer,  receiver  of  taxes  and  assessors,  whose  terms  are 
curtailed  by  the  provisions  of  the  preceding  secljion,  shall  be 
employed  by  the  city  until  the  expiration  of  the  terms  for  which 
they  were  elected,  at  salaries  not  less  than  those  to  which  they 
were  entitled  when  so  elected.     After  January  ist,   191 1,  they 


shall  perform  the  duties  which  may  be  assigned  to  them  by  the 
board  of  commissioners  or  by  the  commissioner  in  whose  depart- 
ment they  may  be  employed.  Such  employment  shall  not  con- 
fer any  right  under  the  Civil  Service  Law  to  be  retained  in  the 
employ  of  the  city  after  the  date  when  the  terms  aforesaid  expire. 

Section  13.  The  officers  of  the  city  shall  be  five  commis- 
sioners, one  of  whom  shall  be  designated  the  mayor ; 
five  supervisors,  who  shall  be  members  of  the  board 
of  supervisors  of  the  county  of  Westchester ;  a  city  judge ;  an 
acting  city  judge;  a  corporation  counsel;  five  school  trustees:  a 
clerk  of  the  city  court ;  and  a  marshal  of  the  city  court. 

Section  14.  After  this  act  takes  effect,  the  mayor  then  in 
office  shall  exercise  only  the  power  conferred  upon  the  mayor 
herein.  At  the  annual  election  to  be  held  in  the  year  1910,  there 
shall  be  elected  to  take  office  January  ist,  191 1,  a  commissioner 
of  public  works,  whose  term  shall  expire  at  midnight  on  Decem- 
ber 31,  1912;  a  commissioner  of  finance,  whose  term  shall  expire 
at  midnight,  December  31,  1913 ;  a  commissioner  of  public  safety, 
whose  term  shall  expire  at  midnight,  December  31,  1914;  a  com- 
missioner of  assessments,  and  supplies,  whose  term  shall  expire 
at  midnight,  December  31,  19 15.  At  the  election  preceding 
the  expiration  of  the  term  of  the  present  mayor  h\s 
successor  shall  be  elected  to  .serve  for  a  period  commenc- 
ing on  the  expiration  of  such  term  and  continuing  until 
the  expiration  of  five  years  after  the  31st  of  the  following 
December.  Thereafter  the  successor  of  the  mayor, and  of  each 
of  the  said  commissioners  shall  be  elected  to  serve  for  five  years, 
so  that  every  year  the  mayor  or  one  commissioner  shall  be  elected 
to  serve  for  five  years.  Except  as  hereinafter  otherwise  pro- 
vided, vacancies,  arising  otherwise  than  by  expiration  of  term 
of  service,  shall  be  filled  until  the  31st  day  of  December  which 
shall  be  more  than  three  months  after  the  date  of  the  occurring 
of  such  vacancies,  by  vote  of  the  remaining  members  of  the  board 
of  commissioners ;  and  at  the  annual  election  which  shall  occur 
immediately  preceding  the  said  31st  of  December,  there  shall  be 
elected  a  successor  for  the  remainder  of  the  unexpired  term. 

At  the  election  to  be  held  in  November,  191 1,  there  shall  be 
elected  from  the  city  at  large,  five  supervisors,  to  serve  until 
December  31,  1913;  thereafter  their  successors  shall  be  elected 
from  the  city  at  large  to  serve  for  two  years- 


The  city  judge  and  acting  city  judge  in  office  when  this  act 
goes  into  effect,  shall  continue  in  office  until  the  expiration  of  the 
term  of  the  present  city  judge.  At  the  election  preceding  the 
expiration  of  such  term, there  shall  be  elected  from  among  coun- 
sellors at  law,  who  are  themselves  electors  within  said  city,  to 
serve  for  a  period  commencing  at  the  end  of  such  term  and  con- 
tinuing until  the  expiration  of  six  years  after  the  31st  of  the  fol- 
lowing December,  a  city  judge  and  an  acting  city  judge;  there- 
after their  successors  shall  be  elected  to  serve  for  terms  of  six 
*7ears.  The  city  judge  shall  not,  during  his  term  of  office,  orac- 
tice  in  the  courts  of  this  state  as  an  attorney  and  counsellor  at 
law.  Tte  acting  city  judge  may  practice  in  any  court  in  which 
he  is  qualified  to  practice,  except  the  citv  court. 

The  city  judge  shall  appoint  to  serve  during  his  pleasure 
the  clerk  of  the  city  court  and  the  marshal  of  that  court. 

The  board  of  commissioners,  as  soon  as  organized,  shall 
appoint  a  counsellor  at  law,  to  be  corporation  counsel  to  serve 
during  the  pleasure  of  the  board. 

The  election  for  school  trustees  shall  be  held  on  the  first 
Tuesday  in  June  and  those  entitled  to  vote  for  school  officers  by 
the  laws  of  the  state,  shall  be  entitled  to  vote  therat.  At  the 
school  election  in  June,  191 2,  five  trustees  shall  be  elected  from 
the  city  at  large  to  serve,  one  for  five  years,  one  for  four  years, 
one  for  for  three  years,  one  for  two  years,  and  one  for  one  year ; 
thereafter  their  successors  shall  be  elected  to  serve  for  a  term  of 
five  years. 

Vacancies  occurring  in  the  office  of  school  trustee  shall  be 
filled  by  the  remaining  trustees,  as  hereinafter  provided ;  vacan- 
cies in  the  office  of  supervisor  shall  be  filled  for  their  unexpired 
terms  by  the  board  of  commissioners,  whose  votes  shall  be  re- 
corded in  the  manner  in  which  ordinances  are  hereinafter 
required  to  be  recorded ;  vacancies  in  the  office  of  city  judge 
or  acting  judge  shall  also  be  so  filled,  but  only  until  the  31st  day 
of  December  following  the  next  general  election  day,  which  shall 
occur  at  least  thirty  days  after  the  vacancy  occurs;  and  a  suc- 
cessor shall  be  elected  by  the  people  on  said  election  day  for  the 
full  term  of  six  years. 

Section  15.  The  mayor  or  a  commissioner  may  be  re- 
moved by  the  governor  for  cause  after  a  hearing.  The  city  judge 
or  acting  city  judge  may  be  removed  by  the  appellate  division  of 
the  supreme  court,  sitting  in  the  judicial  department  in  which  the 


city  is  situated,  for  any  cause  by  the  appellate  division  deemed 
sufficient  after  a  hearing,  which  may  be  had  before  said  appellate 
division  or  a  referee  appointed  by  it.  The  school  trustees  may  be 
removed  as  hereinafter  provided.  x\ll  other  officers  except  as 
otherwise  provided,  may  be  removed  for  cause  after  a  hearing, 
by  a  vote  of  the  board  of  commissioners  recorded  in  the  manner 
in  which  ordinances  are  hereinfater  required  to  be  recorded. 

Section  i6.  The  mayor  shall  receive  a  salary  of  two  thou- 
sand five  hundred  dollars  per  annum;  each  commissioner  two 
thousand  dollars  per  annum ;  the  city  judge  six  thousand  dollars 
])er  annum :  the  acting  city  judge  one  thousand  five  hundred  dol- 
lars per  annum ;  such  salaries  to  be  paid  monthly.  The  school 
trustees -shall  receive  no  compensation.  All  other  officers  and 
employees  of  the  city  shall  receive  such  compensation  as  shall 
fro  mtime  to  time  be  fixed  by  the  board  of  commissioenrs. 

Section  17.  No  officer  or  employee  of  the  city  shall  re- 
ceive to  his  own  use  any  fees,  emoluments  or  compensation  other 
than  his  salary;  but  where, entitled  by  law,  ordinance  or  regula- 
tion to  charge  a  fee  for  his  services,  shall  charge  and  collect  the 
full  amount  to  which  he  may  be  entitled  and  account  monthly, 
and  if  so  required  by  the  mayor,  daily,  and  shall  pay  over  such 
fees  to  the  commissioner  of  finance  daily. 

Section  18.  Every  officer  and  employee  of  the  city  shall 
before  entering  upon  his  duties,  file  in  the  office  of  the  mayor  the 
constitutional  oath  of  office. 

Section  19.  The  mayor  and  each  commissioner  shall  file 
in  the  office  of  the  mayor  a  bond  in  the  sum  of  fifty  thousand  dol- 
lars, conditioned  for  the  faithful  performance  of  his  duties  as 
such  officer.  Other  officers  and  employees  of  the  city  shall  file 
bonds  whenever  required  so  to  do  by  the  board  of  commissioners. 
The  reasonable  cost  of  all  of  said  bonds  when  approved  by  the 
board,  shall  be  paid  by  the  city. 

Section  20.  No  person  shall  be  qualified  to  be  an  officer 
of  the  city,  as  designated  in  this  act,  unless  he  shall  be  a  citizen 
of  the  United  States,  and  a  resident  of  the  city,  and  shall  have 
been  such  for  three  years  prior  to  his  election  or  appointment  as 
such  officer.  No  person  shall  be  eligible  to  the  office  of  mayor  or 
commissioner,  unless  he  shall  also  be  a  taxpayer  and  shall  have 


been  the  bona  fide  owner  of  real  estate  situate  in  the  city  contin- 
uously since  the  date  on  which  this  act  becomes  law,  or  if  more 
than  one  year  has  elapsed  since  that  date,  then  for  a  period  of  at 
least  one  year  immediately  prior  to  his  election. 

TITLE  II. 

Of  the  Board  of  Commissioners. 

Section  21.  The  term  "commissioners"  wherever  used  in 
this  act  shall  include  the  mayor.  The  mayor  and  the  four  com- 
missioners shall  constitute  the  board  of  commissioners  of  which 
the  mayor  shall  be  the  presiding  officer. 

Section  22.  The  board  shall  possess  all  the  ordinance- 
making  power  of  the  city  and  all  of  the  executive  power  of  the 
city  not  vested  in  any  one  of  the  commissioners  by  law  or  by 
ordinance. 

Section  23.  The  acts. of  the  board  shall  be  called  ordi- 
nances, shall  be  passed  at  a  regular  or  duly  called  special  meeting, 
shall  always  be  in  writing  entered  on  the  ordinance  book,  and 
signed  with  the  autograph  signatures  of  at  least  three  of  the 
commissioners ;  and  the  signatures  of  four  commissioners  shall 
be  necessary  to  confirm  the  budget  or  to  pass  any  ordinance  of 
the  classes  specified  in  section  124  of  this  act.  The  ordinance 
book  shall  be  kept  under  the  direction  of  the  mayor,  shall  be 
open  for  the  inspection  of  any  citizen  of  the  city  on  every  day 
except  Sundays  and  public  holidays,  from  eight  o'clock  in  the 
morning  until  five  o'clock  in  the  afternoon,  and  at  least  two  even- 
ings during  the  week  until  nine  o'clock. 

Section  24.  The  commissioners  shall  make  rules  not 
inconsistent  with  this  act  regulating  the  time  when  they  shall 
assemble  for  the  purpose  of  discussing  and  transacting  business. 
They  shall  regularly  assemble  at  least  twice  in  each  week,  which 
meetings  shall  be  after  five  o'clock  in  the  evening,  and  shall  be 
pul)lic. 

Section  25.  The  board  shall  have  power  to  enact  and  en- 
force ordinances  necessary  or  desirable  to  protect  the  lives,  health 
and  property  of  the  inhabitants  of  the  city,  to  prevent  and  sum- 
marily abate  nuisances,  antl  to  preserve  and  enforce  good  gov- 


ernment,  order  and  security  of  the  city  and  its  inhabitants ;  and 
to  enact  and  enforce  any  and  all  ordinances  upon  any  subject, 
provided  that  no  ordinance  shall  be  enacted  inconsistent  either 
with  the  laws  of  this  state  or  with  the  provisions  of  this  act ;  and 
provided  further,  that  the  specification  of  the  particular  powers 
hereinafter  conferred  shall  never  be  construed  as  a  limitation  of 
the  general  powers  herein  granted.  It  being  intended  by  the  act 
to  grant  to  and  bestow  upon  said  board,  as  the  representatives  of 
the  inhabitants  of  the  city  of  Mount  Vernon,  full  power  to  gov- 
ern said  city;  and  it  shall  have  and  exercise  all  the  powers  of 
municipal  government  not  prohibited  by  this  act  or  by  some  gen- 
eral law  or  the  constitution  of  this  state. 

Section  26.  For  the  purpose  of  specification  and  exten- 
sion of  the  powers  conferred  by  the  last  section,  and  not  for  the 
purpose  of  in  any  way  limiting  the  same,  except  as  in  this  act 
expressly  stated,  power  is  hereby  conferred  upon  the  board  to 
enact  ordinances  and  to  provide  for  the  enforcement  thereof  by 
fine  not  to  exceed  one  hundred  dollars,  or  imprisonment  in  a 
county  jail  for  not  to  exceed  thirty  days  where  proper,  or  to 
enforce  the  same  in  any  other  lawful  way  that  the  board  may 
deem  necessary,  relating  to  the  following  subjects : 

(i)  To  purchase,  hold  and  sell  property,  real  and  personal, 
for  any  public  purpose  deemed  by  the  board  necessary  or  advan- 
tageous to  the  interest  of  the  city;  and  to  maintain  and  care  for 
all  property  of  every  kind  or  nature,  belonging  to  the  city. 

(2)  To  make  such  provision  incidental  to  the  form  and 
manner  of  the  making  of  annual  assessments  of  all  property 
within  the  city,  not  inconsistent  with  the  Tax  Law  of  the  state. 

{ 3 )  To  provide  that  taxes  shall  be  levied  upon  all  taxable 
property,  real  and  personal,  within  the  city. 

(4)  To  determine  what  public  improvements  shall  be 
assessed  wholly  or  partly  upon  the  lands  benefited  thereb}\  and 
in  case  the  board  determines  that  only  part  of  the  cost  of  such 
improvement  is  to  be  assessed  upon  the  lands  benefited,  to  deter- 
mine what  part  shall  be  so  assessed ;  to  fix  the  area  within  which 
the  property  is  to  be  subject  to  any  such  assessment,  and  to  de- 
termine the  rate  thereof,  which  may,  in  the  discretion  of  the 
board,  be  varied,  according  to  its  estimate  of  the  amount  of 
benefit  to  the  property  assessed. 


(5)  To  remit  unpaid  assessments  and  to  compromise  and 
settle  any  matters  in  dispute  relating  to  unpaid  assessments,  and 
to  bind  the  city  by  such  compromise. 

(6)  To  levy  license  taxes,  provided  that  no  such  tax  be  im- 
posed upon  the  carrying  on  of  any  business  licensed  under  the 
Excise  Law  of  the  state. 

(7)  To  borrow  money  on  the  faith  and  credit  of  the  city 
for  any  public  purpose  deemed  desirable  or  necessary  by  the 
board,  including  an  amount  equal  to  the  amount  of  unpaid  taxes 
and  assessments  due  the  city,  and  to  issue  bonds  therefor  within 
the  limits  fixed  by  the  constitution  of  the  state;  to  prescribe  the 
rate  of  interest  to  be  paid  on  such  bonds,  and  to  sell  the  same  for 
the  best  price  obtainable,  not  less  than  par ;  provided  that  all 
bonds  issued  to  pay  for  permanent  improvements  must  mature 
not  later  than  forty  years  from  the  date  of  their  issue;  and  all 
other  bonds,  including  those  issued  in  lieu  of  unpaid  taxes  and 
assessments,  shall  mature  not  later  than  three  years  from  the 
date  of  their  issue. 

(8)  To  transfer  public  moneys  standing  to  the  credit  of 
special  appropriations  whenever  they  shall  be  no  longer  required 
for  or  applicable  to  the  same,  to  the  general  fund,  and  draw  there- 
from and  expend  such  sums  as  they  may  deem  proper,  for  any 
purpose  for  which  public  money  may  be  lawfully  applied.  Said 
general  fund  shall  consist  of  all  balances  so  transferred  and  all 
revenues  and  money  coming  to  the  city,  not  otherwise  specifically 
appropriated. 

(9)  To  designate  banks  or  trust  companies  within  or  with- 
out the  city,  in  which  each  of  the  public  funds  of  the  city  shall  be 
deposited ;  to  contract  for  the  rate  of  interest  to  be  paid  thereon, 
and  to  take  bonds  from  such  depositories  for  the  safe  keeping  of 
such  funds. 

(10)  To  prescribe  the  form  and  manner  of  keeping  the 
accounts  of  the  transactions  and  affairs  of  the  city,  and  records 
of  any  other  matters  deemed  desirable  or  necessary. 

(11)  To  prescribe  the  number  and  compensation  of  all  offi- 
cers and  employees  of  the  city  not  specially  provided  for  in  this 
act. 

10 


(i2)  To  employ  and  regulate  the  term  of  service  and  com- 
pensation of,  special  counsel  for  the  city,  other  than  the  corpo- 
ration counsel  and  his  subordinates,  when  deemed  advisable. 

(13)  To  receive  and  pass  upon  all  claims  against  the  city, 
and  to  settle,  compromise  or  submit  to  arbitration,  any  claim 
against  the  city  or  any  claim  due  the  city,  and  to  bind  the  city 
thereby. 

(14)  To  grant  franchises  to  be  exercised  within  the  city. 

(15)  To  maintain  a  police  force  and  to  provide  for  all  nec- 
essary salaries  and  expenses  thereof;  provided  that  the  members 
of  the  police  force  on  the  day  this  act  goes  into  effect  shall  not  be 
removed,  reduced  in  grade,  or  their  salaries  reduced,  except  for 
cause  after  a  hearing  before  the  commissioner  of  public  safety. 

(16)  To  preserve  the  peace,  to  prevent  brawls,  and  to  pre- 
serve good  order  and  decency  in  all  public  places. 

(17)  To  regulate  and  prohibit  street  assemblages;  to  arrest, 
prohibit  and  punish  all  vagrants  and  disorderly  persons;  to  sup- 
press gambling. 

(18)  To  regulate  what  animals  may  be  kept  within  the 
city;  to  prohibit  the  keeping  therein  of  particular  kinds  of  ani- 
mals ;  and  to  regulate  or  prohibit  the  running  of  animasl  at  large 
within  the  city. 

(19)  To  provide  a  pound  within  the  city;  to  provide  what 
animals  shall  be  taken  thereto  or  confined  therein ;  to  direct  the 
disposition  to  be  made  of  such  animals ;  and  provide  what  fees 
shall  be  paid  before  releasing  any  animal  therefrom. 

(20)  To  regulate  or  prohibit  public  bathing  or  bathing  in 
public  places  within  the  city. 

(21)  To  prescribe  the  limit  of  speed  beyond  which  locomo- 
tives, cars,  automobiles,  wagons  or  other  vehicles,  sleighs  and 
animals  shall  not  be  permitted  to  be  driven. 

(22)  To  regulate  by  license,  or  prohibit,  the  exhibitions  of 
any  circus,  caravan,  theatre,  curiosities,  tricks  of  legerdemain, 
or  other  shows  or  entertainments  within  the  city. 

(2T,)  To  regulate  the  exhibition  of  danger  signals  in  the 
city  and  to  prescribe  the  form,  manner,  and  time  of  exhibiting 
the  same. 

11 


(24)  To  regulate  or  prohibit  the  sale  or  use. of  gunpowder, 
dynamite  or  other  explosives  within  the  city. 

(25)  To  regulate  or  forbid  the  ringing  of  bells,  the  blowing 
of  horns,  the  explosion  of  fireworks,  or  the  firing  of  firearms  in 
or  into  all  public  places  in  the  city. 

(26)  To  require  the  construction  and  the  proper  mainten- 
ance of  sidewalks  by  the  owners  of  abutting  property. 

(27)  To  provide,  at  the  expense  of  the  owners  thereof,  for 
the  fencing,  draining,  and  filling  of  all  lots  wherever  deemed 
necessary. 

(28)  To  act  as  fence-viewers. 

(29)  To  maintain  a  force  for  the  extinguishment  and  pre- 
vention of  fires ;  and  to  provide  for  all  necessarv  salaries  and 
expenses. 

(30")    To  prescribe  the  fire  limits. 

(31)  To  regulate  the  use  of  lights  in  stables  and  dangerous 
places. 

(32)  To  regulate  the  character  of  construction  of  all  build- 
ings, and  require  and  regulate  the  removal  of  unsafe  buildings ; 
to  enact,  amend  and  repeal  a  building  code  and  all  ordinances 
necessary  to  carry  the  same  into  effect,  and  to  enforce  observance 
thereof. 

(33)  To  remove  nuisances  and  clean  unclean  places. 

(34)  To  regulate  or  prohibit  the  construction  of  slaughter 
houses  and  the  slaughtering  of  animals  within  said  citv. 

(35)  To  provide  for  the  removal  of  all  decayed  matter. 

(36)  To  provide  for  a  record  of  the  births,  deaths  and 
marriages  within  the  city. 

(37)  To  provide  hospitals  and  pest-houses  and  maintain 
the  same. 

(38)  To  provide  for  all  things  meet  and  necessary  to  pro- 
tect the  lives  and  health  of  all  persons  in  the  city,  and  to  exercise 
all  the  powers  now  or  at  any  time  hereafter  conferred  upon 
boards  of  health  in  cities  by  any  general  law. 

12 


(39)  To  establish,  amend  and  repeal  a  sanitary  code,  and 
all  ordinances  necessary  to  carry  the  same  into  effect  and  to 
enforce  observance  thereof. 

(40)  To  regulate  and  prescribe  plans  and  methods  for 
plumbing  and  drainage  of  property  within  the  city,  and  to  require 
the  drainage  and  plumbing  of  all  buildings  and  premises  in  the 
city  to  comply  therewith. 

(41)  To  exercise  within  the  city  all  the  powers  given  by 
law  to  the  commissioners  of  highways  of  towns,  and  to  main- 
tain and  keep  in  repair  all  roads  and  bridges. 

(42)  To  open,  grade,  regrade,  maintain,  alter,  pave,  re- 
pave  and  close  streets,  alleys  and  public  areas. 

(43)  To  locate  and  fix  the  grade  of  streets,  alleys  and  pub- 
lic areas,  prior  to  the  time  of  acquiring  title  and  opening  thereof. 

(44)  To  provide  for  the  removal  of  dirt,  snow  and  other 
encumbrances  from  sidewalks,  and  to  require  the  owners  of 
abutting  property  to  remove  the  same,  and  in  default  thereof,  to 
provide  for  the  removal  thereof,  and  to  add  the  cost  of  such  re- 
moval to  the  amount  of  the  next  succeeding  tax  levied  against 
such  property. 

(45)  To  regulate  the  use  of  public  streets  and  public  places. 

(46)  To  provide  for  the  maintenance  and  repair  of  streets 
by  railroad  companies  and  other  corporations  occuping.  opening 
or  using  the  same. 

(47)  To  regulate  the  laying  of  pipes,  the  construction  and 
placing  of  fences,  wires,  tracks,  posts,  telegraph  poles,  etc.,  and 
to  require  any  wires  now  or  hereafter  in  or  over  the  streets,  to 
be  placed  in  conduits  under  the  street. 

(48)  To  prevent  and  remove  encumbrances  and  encroach- 
ments on  streets  and  public  places. 

(49)  To  regulate  street  lighting. 

(50)  To  provide  a  city  hall  and  other  public  buildings  by 
renting,  purchasing  or  constructing  the  same. 

(61)    To  fix  boundaries  and  establish  monuments. 

13 


(52)  To  make  maps  and  surveys  of  the  city,  its  streets, 
public  buildings  and  public  places. 

(53)  To  accept  the  dedication  of  land  for  streets,  parks  and 
other  pulDlic  purposes,  provided  the  location  thereof  shall  have 
been  duly  fixed  by  proper  monuments. 

(54)  To  create  and  maintain  a  sewage  disposal  plant  and 
sewers,  and  require  all  buildings  and  other  places  in  the  city  to 
be  connected  therewith. 

(55)  To  contract  with  the  state,  with  any  county  thereof, 
or  with  any  town  or  city  therein,  for  the  construction  of  outlet  or 
trunk  sewers,  and  to  contract  with  any  adjoining  town  or  city 
for  the  maintenance  of  connecting  bridges. 

(56)  To  establish  and  maintain  public  parks  and  play 
grounds. 

(57)  To  exercise  the  power  of  eminent  domain  in  the  man- 
ner provided  in  the  Condemnation  Law. 

(58)  To  provide  relief  and  assistance  for  the  poor. 

(59)  To  require  and  prescribe  the  form  of  reports  to  be 
rendered  by  all  public  service  corporations  doing  business  in  ihe 
city. 

(60)  ^^'ith  the  consent  in  each  instance  of  a  majority  of 
the  electors  of  the  city  voting  at  a  special  election  to  be  called  for 
such  purpose,  to  purchase  or  construct  water  plants,  gas  plants, 
conduit  systems,  electric  light  plants,  telephone  plants,  or  rail- 
roads, within  the  city,  and  thereafter  to  maintain  and  operate  the 
same  and  regulate  the  sums  to  be  charged  for  the  service  ren- 
dered. 

(61)  With  the  consent  in  each  instance  of  a  majority  of  the 
electors  of  the  city  voting  at  a  special  election  to  be  called  for  such 
purpose,  to  increase  any  of  the  salaries  fixed  in  section  16  of 
this  act. 

Section  27.  The  board  of  commissioners  are  hereby  di- 
rected to  perform  the  following  duties : 

(i)  To  divide  the  city  into  election  districts  in  such  man- 
ner that  the  boundaries  of  such  districts  shall  be  street  lines,  the 

14 


territories  thereof  shall  be  contiguous,  and  no  district  shall  have 
cast  within  its  boundaries  at  the  preceding  election  less  than 
three  hundred  nor  more  than  six  hundred  votes ;  and  from  time 
to  time  to  alter  said  districts. 

(2)  To  approve,  amend  and  adopt  the  budgets  prepared  by 
the  mayor  and  the  board  of  education. 

(3)  To  levy  taxes  in  each  year  sufficient  to  provide  for: 

(a)  x\ll  sums  required  to  be  raised  within  the  city  by  the 
board  of  supervisors  of  the  county  of  Westchester. 

(b)  The  interest  on  all  outstanding  bonds  of  the  city,  and 
the  necessary  installments  due  during  the  tax  year  upon  the  sink- 
ing funds. 

(c)  The  expenses  of  operating  the  government  of  the  city 
for  the  current  tax  year. 

(d)  The  payment  of  obligations  issued  for  emergency  ex- 
penses. 

(e)  The  payment  of  any  other  accruing  obligations  of  the 
city  resulting  from  anything  contained  in  this  act  or  any  lawful 
act  of  the  board. 

(4)  To  provide  sinking  funds  sufficient  to  pay  the  prin- 
cipal of  all  bonds  at  or  before  their  maturity ;  and  the  board  may 
apply  such  sinking  funds  to  the  purchase  of  any  outstanding 
bonds  of  the  city.  When  the  amount  of  bonds  issued  in  lieu  of 
unpaid  taxes  and  assessments  shall  be  equal  to  the  amount  of 
taxes  and  assessments  remaining  unpaid,  the  board  shall  cause 
all  moneys  recei^^ed  for  such  unpaid  taxes  and  assessments  and 
interest  thereon  to  be  held  exclusively  for  the  payment  of  such 
bonds  and  the  interest  thereon. 

(5)  To  enforce  all  provisions  of  the  Civil  Service  Law  and 
to  appoint  a  local  board  of  civil  service  commissioners. 

(6)  To  maintain  the  present  police  and  school  teachers' 
pension  funds  as  now  provided  by  law. 

(7)  To  fix  fees  to  be  charged  by  the  officers  and  employees 
of  the  city  for  official  services. 

15 


(8)  To  perform  all  the  duties  imposed  upon  it  in  relation 
to  taxes,  assessments  or  local  improvements  as  hereinafter  in  this 
act  set  forth. 

Section  28.  The  board  of  commissioners  shall,  at  least 
once  in  each  half  year,  employ  a  certified  public  accountant  of  this 
state,  not  otherwise  in  the  employ  of  the  city,  to  audit  the  ac- 
counts of  the  mayor,  and  to  make  such  additional  audits  as  the 
board  may  direct.  The  reports  of  such  audits  shall  be  made  in 
writing  to  the  board  and  shall  be  open  to  the  public. 

TITLE  III. 

Of  the  Commissioners  Generally. 

Section  29.  Neither  the  mayor  nor  any  commissioner 
shall  be  appointed  or  elected  to  fill  any  other  office  or  employment 
connected  with  the  government  of  the  city,  except  that  of  mayor 
or  commissioner,  during  the  term  for  which  he  was  elected ; 
nor  shall  any  of  them  be  in  any  way  or  any  manner,  directly  or 
indirectly,  interested  in  any  contract  to  which  the  city  is  a  party ; 
and  any  such  contract  in  which  either  the  mayor  or  any  commis- 
sioner may  be  or  become  interested  shall  thereby  and  thereupon 
be  and  become  void. 

Section  30.  The  mayor  and  each  commissioner  shall  pos- 
sess and  may  exercise  within  the  city  the  powers  of  a  magistrate, 
and  may  administer  oaths  for  general  purposes  and  take  acknowl- 
edgments and  proofs  of  the  execution  of  deeds. 

Section  31.  Within  the  limits  prescribed  by  the  board  of 
commissioners,  each  commissioner  shall  appoint  his  subordi- 
nates and  may  remove  the  same,  subject  only  to  such  restrictions 
as  may  be  prescribed  by  law. 

Section  32.  The  mayor  and  each  commissioner  shall  keep 
an  order  book,  in  which  all  general  regulations  made  by  him  shall 
be  entered  and  signed  by  him,  which  book  shall  be  open  for  in- 
spection during  office  hours. 

Section  33.  The  mayor  and  each  commissioner  may  make 
regulations  not  inconsistent  with  law  or  ordinance,  for  the  gov- 
ernment of  his  subordinates  and  the  transaction  of  business  in 
his  department.     These  regulations,  until  repealed  by  law,  ordi- 

16 


nance  or  subsequent  regulations,  shall  have  the  force  of  law. 
Obedience  to  such  regulations  on  the  part  of  subordinates  may 
be  enforced  by  fine  in  amount  not  to  exceed  thirty  days'  pay,  by 
suspension  without  pay  for  not  to  exceed  thirty  days,  by  reduc- 
tion in  grade,  or  by  dismissal. 

Section  34.  Each  commissioner  shall,  not  later  than  the 
first  day  of  November  in  each  year,  prepare  and  submit  to  the 
mayor  an  itemized  estimate  of  the  revenues  and  expenses  of  his 
department  for  the  ensuing  year. 

Section  35.  The  mayor  or  any  commissioner  may  per- 
form any  duty  imposed  upon  him,  except  that  of  sitting  as  a 
member  of  the  board,  or  of  making  regulations,  or  performing 
the  functions  of  a  magistrate,  either  personally  or  through  any 
duly  authorized  subordinate. 

TITLE  IV. 

Of  the  Mayor. 

Section  36.  The  mayor  shall  have  the  general  supervision 
of  the  affairs  of  the  city  and  of  the  enforcement  of  the  laws  and 
ordinances ;  he  shall  see  that  the  officers  properly  perform  their 
duties ;  and  shall  perform  all  the  functions  of  auditor  and  comp- 
troller of  the  city. 

Section  -^^j.  He  shall  consolidate  the  estimates  of  reve- 
nues and  expenditures  submitted  by  the  several  commissioners 
and  prepare  the  annual  budget. 

Section  38.  He  shall  make  such  regulations  as  will  assure 
his  being  advised  of  all  receipts  of  moneys  by,  or  for  account  of, 
the  city,  and  of  the  proper  deposit  thereof;  he  shall  cause  all 
accounts  and  claims  against  the  city  to  be  examined,  and  no  pay- 
ments of  city  moneys  shall  be  made  except  by  warrant  or  check 
countersigned  by  him. 

Section  39.  He  shall  prescribe  the  forms  of  books,  rec- 
ords, vouchers  and  checks,  to  be  kept  and  used  by  the  officers  of 
the  city,  and  the  forms  on  which  all  accounts  or  claims  against 
the  city  must  be  made. 

Section  40.  He  shall,  in  conjunction  with  the  commis- 
sioner of  finance,  have  charge  of  the  issue  and  redemption  of 

17 


bonds,  of  the  payment  of  interest  thereon,  and  of  the  sinking 
funds. 

Section  41.  He  shall  audit  the  accounts  of  all  officers  of 
the  city  at  least  once  in  each  half  year,  and  may  audit  any. of 
them  whenever  he  may  deem  proper.  He  shall  report  the  results 
of  his  audits  to  the  board  in  writing  within  ten  days  after  their 
completion,  which  reports  shall  be  public  records. 

Section  42.  He  shall  cause  to  be  kept  under  his  direction 
the  ordinance  book  and  all  other  records  of  the  board  of  commis- 
sioners. 

Section  43.  His  office  shall  be  an  office  of  record,  and  all 
papers  and  documents  required  by  law  to  be  filed  in  a  town  or 
city  clerk's  office  shall  be  filed  in  his  office.  He  shall  designate  a 
subordinate,  who,  under  his  direction,  shall  perform  all  the  func- 
tions required  by  law  to  be  performed  by  a  town  or  city  clerk. 

Section  44.  He  shall  cause  to  be  kept  under  his  direction 
the  records  of  the  births,  deaths  and  marriages,  properly  indexed, 
and  cause  all  the  duties  in  connection  with  the  preservation  of 
such  vital  statistics  and  reporting  the  same  to  the  state  or  county 
authorities,  to-be  complied  with. 

Section  45.  He  shall  approve  all  proper  bonds  running  to 
the  city,  as  to  form  and  sufficiency  of  their  sureties,  except  his 
own,  which  shall  be  approved  by  the  commissioner  of  finance. 

Section  46.  He  shall  have  charge  of  the  issue  of  all 
licenses  not  otherwise  provided  for,  and  may  revoke  the  same. 

Section  47.  He  shall  have  charge  of  all  matters  relating 
to  elections. 

Section  48.  He  shall  receive  all  petitions  of  electors  pro- 
vided for  in  title  XHI  of  this  act.  and  cause  the  same  to  be  veri- 
fied and  dulty  certified  as  required. 

Section  49.  He  shall,  upon  the  nomination  of  the  chair- 
man of  the  city  committee  of  each  of  the  two  principal  political 
parties  within  the  city,  appoint  inspectors  of  election,  poll  clerks, 
ballot  clerks,  and  other  election  officers  for  each  election  district 
within  the  city;  and  may,  on  request  of  said  chairman,  remove 
the  same,  and  on  like  nomination,  appoint  others  in  their  places. 

18 


Section  50.  In  case  of  a  petition  for  the  recall  of  the 
mayor,  the  duties  provided  for  in  the  three  preceding  sections 
shall  be  performed  by  another  commissioner  to  be  designated  by 
the  board. 

TITLE  V. 

Of  the  Commissioner  of  Public  Safety. 

Section  51.  The  commissioner  of  public  safety  shall  have 
the  control  and  management  of  the  police  force  and  of  all  police 
stations ;  and  of  the  force  and  apparatus  for  the  prevention  and 
extinguishment  of  fires,  and  of  all  buildings  used  in  connection 
therewith.  He  shall  enforce  all  laws,  ordinances  and  regulations 
relating  to  public  peace  and  safety  and  the  public  health,  and 
have  charge  of  all  hospitals,  pest-houses,  and  the  public  pound; 
and  shall  within  the  city,  exercise  all  the  authority  and  perform 
all  the  duties  of  the  overseers  of  the  poor  in  towns. 

Section  52.  The  commissioner  or  any  police  officer  shall 
have  the  power  to  make  arrest  without  warrant  for  any  misde- 
meanor committed  in  his  presence,  for  any  violation  of  an  ordi- 
nance or  for  disorderly  conduct  committed  in  his  presence;  and 
where  there  is  reasonable  ground  to  believe  that  a  felony  has 
been  committed,  the  commissioner  or  any  such  officer  may  arrest 
any  one  who  he  has  reasonable  ground  to  believe  has  committed 
such  felony  or  become  accessory  thereto. 

Section  53.  Any  member  of  the  police  force  who  may 
become  insane  or  of  unsound  mind  or  otherwise  disabled  so  as  to 
be  unable  or  unfit  to  perform  full  police  service  or  duty  may  be 
removed  and  dismissed  from  the  police  force  by  the  commissioner 
of  public  safety.  Any  member  of  the  police  force  who  has  served 
as  a  member  thereof  for  a  period  of  twenty-five  years  shall,  upon 
his  request,  or  may,  at  the  option  of.  the  commissioner  without 
such  request,  be  retired  from  such  force.  Except  as  in  this  sec- 
tion otherwise  provided,  no  member  of  the  police  force  shall  be 
fined,  removed,  suspended  or  dismissed  from  the  police  force 
imtil  written  charges  shall  have  been  made  or  preferred  against 
him,  nor  until  such  charges  have  been  examined,  heard  and  in- 
vestigated before  the  commissioner  at  a  public  hearing,  upon  such 
reasonable  notice  to  the  member  charged  and  in  such  manner  of 

19 


procedure  as  the  commissioner  may  by  regulation  from  time  to 
time  prescribe.  Any  member  of  the  pohce  force  removed  for  dis- 
abihty  under  the  provisions  of  this  section,  shall  be  entitled  to 
apply  to  the  trustees  of  the  police  pension  fund  for  a  pension 
under  the  provisions  of  section  4  of  chapter  459  of  the  laws  of 
1904,  and  any  member  retired  shall  be  entitled  to  a  pension  as 
provided  for  in  section  6  of  that  act. 

Section  54.  No  person  shall  be  appointed  to  the  police 
force  who  at  the  time  of  his  first  appointment  to  such  force  is 
over  thirty  years  of  age  or  who  is  not  a  citizen  of  the  United 
States,  or  who  has  ever  been  convicted  of  a  crime,  or  who  cannot 
understandingly  read  and  write  the  English  language. 

Section  55.  The  commissioner  of  public  safety  shall  have, 
power  to  issue  subpoenas  to  compel  the  attendance  of  witnesses 
upon  any  proceedings  authorized  by  law,  ordinance  or  regulation 
to  be  taken  by  him.  Said  commissioner,  and  such  subordinates 
as  he  may  designate  by  regulation,  are,  and  each  one  of  them  is, 
hereby  authorized  and  empowered  to  administer  oaths  and 
affirmations  to  any  person  appearing  in  any  matter  or  proceeding 
authorized  as  aforesaid,  and  to  take  any  depositions  necessary  to 
be  made  under  the  rules  and  regulations  of  the  police  department, 
for  the  purpose  embraced  in  this  act.  Any  wilful  and  corrupt 
false  swearing  by  any  witness  or  person  appearing  in  any  mat- 
ter or  proceeding  under  the  said  rules  and  regulations,  shall  be 
deemed  perjury  and  be  punished  in  the  manner  prescribed  by  law 
for  that  offense.  In  case  any  person  subpoenaed  under  this  sec- 
tion shall  fail  or  refuse  to  obey  such  subpoena,  or  refuse,  when 
required  to,  to  take  the  proper  oath  or  affirmation,  or  to  answer 
any  other  proper  question,  upon  the  presentation  of  satisfactory 
proof  to  a  justice  of  the  supreme  court  or  the  county  judge  of 
Westchester  county,  or  the  city  judge  of  the  city,  it  shall  be  the 
duty  of  the  justice  or  judge  to  whom  such  presentation  shall 
have  been  made,  to  issue  an  order  returnable  before  him  at  an 
early  day,  requiring  the  person  so  failing  or  refusing,  to  show 
cause  why  an  attachment  should  not  be  issued  against  him,  and 
to  adopt  such  other  and  further  measures  to  compel  the  person 
to  appear  and  testify,  and  to  punish  such  disobedience,  as  if  the 
matter  were  legally  pending  in  the  supreme  court  or  the  county 
court  of  said  county,  or  the  city  court  of  said  city. 

20 


Section  56.  Neither  the  commissioner  of  piibHc  safety  nor 
any  member  of  the  poHce  force  shall,  under  any  pretense  what- 
ever, receive  or  share  in  any  present,  gift,  fee,  reward  or  emol- 
ument for  services  as  a  member  of  said  police  department,  addi- 
tional to  his  regular  salary  or  his  compensation ;  but  the  commis- 
sioner of  public  safety  may  allow  any  member  of  said  police 
force,  for  meritorious  or  extraordinary  service  rendered  by  him, 
to  retain  for  his  own  benefit  any  reward  or  present  tendered  him 
therefor. 

Section  57.  The  commissioner  of  public  safety  or  any 
member  of  the  police  force  shall  possess  in  every  part  of  the  state 
the  common  law  statutory  power  of  constables  except  for  the 
service  of  civil  processes,  and  any  warrant  for  search  or  arrest 
issued  by  any  magistrate  of  the  state  may  be  served  in  any  part 
thereof  by  the  said  commissioner  or  any  member  of  the  police 
force,  according  to  the  terms  thereof;  and  all  the  provisions  of 
the  penal  code  in  relation  to  the  giving  and  taking  of  bail  shall 
apply  under  this  section. 

Section  58.  "  He  shall  suppress,  abate  and  remove  any 
public  nuisance  detrimental  to  the  public  health ;  and  in  addition 
to  other  powers  which  he  may  possess  by  law,  he  is  hereby  em- 
powered to  issue  his  warrant  whenever  necessary  to  the  sheriff 
of  the  county  of  Westchester,  or  to  any  police  officer  of  the  city, 
authorizing  and  commanding  him  to  forthwith  suppress,  abate 
and  remo^■e  such  public  nuisance;  and  the  amount  of  expenses 
incurred  in  cleaning  or  emptying  any  vault  or  cesspool,  and 
al^ating  or  removing  any  public  nuisance,  when  certified  by  him 
to  the  board  of  commissioners,  shall  be  paid  by  the  board";  and 
such  amount  shall  thereupon  be  and  become  a  lien  upon  the  lot 
or  premises  whereon  such  public  nuisance  existed,  or  said  vault  or 
cesspool  was  cleaned  or  emptied,  with  interest  thereon  at  the  rate 
of  ten  per  cent,  from  the  date  of  payment ;  and  the  board  ma;y 
enforce  the  collection  thereof  by  adding  the  same  to  the  tax  on 
said  lot  or  premises  for  the  ensuing  year,  or  by  action  against  the 
owner  of  such  lot  or  premises,  or  against  any  person  who  may 
have  created,  permitted  or  maintained  such  public  nuisance,  or 
said  vault  or  cesspool. 

Section  59.  He  shall  ascertain  and  declare  the  cost  and 
expense  of,  and  audit  all  bills  and  accounts  for,  any  work,  care  or 
other  expense  bestowed  upon  private  persons  or  property,  or  for 

21 


medical  care,  attendants,  and  the  support  of  patients  cared  for  or 
supported  in  hospital,  pest-house  or  elsewhere,  and  return  the 
same  to  the  board  of  commissioners,  who  shall  have  power  in 
any  case  in  which  they  deem  it  proper  to  maintain  an  action 
therefor  against  any  person  liable  for  the  payment  thereof. 

Section  6o.  He  shall  have  power  to  do  all  things  meet 
and  necessary  to  protect  the  lives  and  health  of  all  persons  in  the 
city  in  all  sanitary  matters,  and  in  addition  to  the  powers  herein 
expressly  granted,  he  may  himself  or  through  his  duly  author- 
ized subordinates  exercise  all  the  powers  now  or  at  any  time  here- 
after conferred  by  law  upon  health  officers. 

Section  6i.  Every  practicing  physician  in  the  city,  who 
shall  attend  a  person  sick  or  attacked  with  any  contagious,  infec- 
tious or  pestilential  disease,  shall,  forthwith,  upon  discovery  by 
him,  make  report  thereof  in  writing  to  the  commissioner  of  pub- 
lic safety,  and  for  neglecting  so  to  do,  shall  be  deemed  guilty  of 
a  misdemeanor. 

Section  62.  The  expenses  of  apprehending,  examining, 
trying  and  committing  offenders  against  any  law  of  the  state  in 
the  city  and  of  their  confinement,  properly  chargeable  against  the 
county  of  Westchester,  shall  be  audited,  allowed  and  paid  by  the 
board  of  supervisors  of  said  county,  in  the  same  manner  as  if 
such  expenses  had  been  incurred  in  any  town  in  said  county. 

Section  63.  The  chiefs  and  other  officers  of  the  force  for 
the  prevention  and  suppression  of  fires  may,  if  the  board  of  com- 
missioners by  ordinance  so  provide,  be  elected  by  their  subordi- 
nates ;  otherwise  they  shall  be  appointed  by  the  commissioner  of 
public  safety  in  the  same  manner  as  his  other  subordinates  are 
appointed. 

TITLE  VI. 

Of  the  Commissioner  of  Public  Works. 

Section  64.  The  commissioner  of  public  works  shall  have 
charge  of  all  streets,  highways,  bridges,  sewers,  and  public  parks 
within  the  city,  and  of  the  public  buildings  except  as  herein 
otherwise  provided  for;  and  shall,  under  the  direction  of 
the  board  of  commissioners,  make  regulations  covering 
the     use     and     maintenance     thereof,     and     shall     see     to     it 

22 


that  all  streets,  highways,  bridges,  sewers,  public  build- 
ings and  public  parks  are  regularly  and  properly  cleaned. 
He  shall  under  the  direction  of  the  board  have  supervision  of  all 
public  service  corporations  within  the  city.  He  shall  have  charge 
of,  and  it  shall  be  his  duty  to  cause,  the  removal  of  all  ashes  and 
refuse  in  the  city.  He  shall  enforce  all  ordinances  and  regula- 
tions relating  to  the  construction  of  buildings  in  the  city. 

Section  65.  He  shall  issue  such  licenses  as  may  be  neces- 
sary for  the  opening  of  streets  and  for  the  erection  of  telegraph 
and  electric  light  poles,  and  street  lights ;  for  the  laying  of  tracks ; 
for  the  laying  of  pipes  for  the  conveyance  of  gas,  water,  sewage, 
etc.,  within  the  city;  and  said  streets  shall  not  be  poened  nor  shall 
anything  be  erected  in  said  streets  without  his  permission  except 
by  order  of  the  board.  It  shall  be  his  duty  to  see  that  said  streets 
and  public  places  are  safely  maintained  and  that  all  holes  in 
streets  are  immediately  filled  and  that  all  drains  are  at  all  times 
kept  open. 

Section  66.  He  shall  have  charge  of  and  attend  to  the 
proper  planting  and  care  of  shade  trees  throughout  the  city  and 
of  the  removal  of  those  that  have  become  dead  or  otherwise 
objectionable.  It  shall  be  unlawful  for  any  person  to  injure  such 
shade  trees,  or  cut  the  same  without  his  permission. 

Section  67.  He  shall  prescribe  the  location  of  all  street 
lights  and  shall  require  the  corporation  furnishing  such  street 
lights  to  locate  and  properly  maintain  the  same. 

TITLE  VIL 

Of  the  Commissioner  of  Finance  and  of  the  Collection 
OF   Taxes 

Section  68.  The  commissioner  of  finance  shall  have 
charge  of  the  fiscal  affairs  of  the  city,  except  as  otherwise  pro- 
vided, and  of  the  collection  of  taxes  and  assessments.  He  is 
especially  charged  with  the  execution  of  chapter  425  of  the  laws 
of  1908,  relating  to  delinquent  taxes. 

Section  69.  He  shall  receive  all  moneys  due  the  city  or 
any  fund  thereof  including  the  school  fund  and  pension  funds, 
and  deposit  such  receipts  daily  before  four  o'clock  p.  m.  in  the 

23 


depositories  designated  by  the  Vjoard ;  he  shall  ha\'e  the  custody 
thereof  until  finally  disbursed  by  the  city.  He  shall  pay  out 
moneys  of  the  city  whenever  authorized  to  do  so  by  law  or  ordin- 
ance, upon  warrants  or  checks  duly  countersigned  by  the  mayor. 

Section  70.  He  shall  report  to  the  board  upon  the  condi- 
tion of  the  city  treasury  and  the  several  city  funds,  whenever, 
and  in  such  form  as,  the  board  may  require;  and  shall  present 
monthly,  and  for  each  fiscal  year,  a  complete  exhibit  of  the  finan- 
cial condition  of  the  city,  which  exhibit  shall  be  published  in  such 
manner  as  the  board  may  direct. 

Section  71.  He  shall,  in  conjunction  with  the  mayor, 
have  charge  of  the  issue  and  redemption  of  bonds,  of  the  payment 
of  interest  thereon,  and  of  the  sinking  funds. 

Section  72.  When  the  board  of  supervisors  shall  have 
equalized  the  assessment  rolls  of  the  several  towns  of  the  county 
of  \\'estchester,  4s  provided  by  law,  and  declared  and  certified  to 
the  city  the  amount  of  tax  to  be  levied  in  the  city  for  county,  state 
and  general  purposes,  the  commissioner  of  finance  shall  levy  the 
amount  of  the  said  tax  and  cause  the  said  amount  to  be  paid  to 
the  county  treasurer  on  the  twentieth  day  of  March  in  each  year, 
or  as  soon  thereafter  as  may  be,  and  until  so  paid  he  shall  deposit 
the  same  as  provided  in  section  69  of  this  act. 

Section  73.  When  the  board  of  commissioners  shall  have 
confirmed  the  apportionment  of  taxes  or  assessments  upon  the 
assessment  roll  as  hereinafter  provided,  the  said  assessment  roll 
shall  be  delivered  to  the  commissioner  of  finance,  with  a  warrant 
annexed  thereto,  signed  by  the  board  or  a  majority  of  them, 
commanding  him  to  collect  the  amount  of  said  tax  or  assessment 
in  the  same  manner  as  taxes  are  collected  upon  warrants  issued 
by  boards  of  supervisors  to  collectors  of  towns,  except  as  in  this 
act  otherwise  provided,  and  to  make  return  thereof,  and  pay  over 
the  money  as  therein  directed,  together  with  all  interest  and  per- 
centage collected  by  him.  Said  warrant  shall  be  returned  at  such 
time  as  the  board  shall  direct,  which  time  may,  however,  be 
extended  by  the  board. 

Section  74.  The  commissioner  of  finance,  upon  receiving 
any  warrant  for  the  collection  of  taxes  or  assessments,  shall  cause 
to  be  published  once  a  week  for  four  successive  weeks,  in  the 
official   city  newspapers    (or   in  case  the  city   shall   publish   an 

24 


official  daily  record,  then  therein),  a  notice  that  he  has  received 
such  warrant.  Such  notice  shall  designate  his  office  hours,  the 
place  where  he  will  attend  to  receive  taxes  or  assessments,  and 
the  rate  of  interest  and  the  rate  of  percentage  to  be  paid  thereon. 
Xo  interest  shall  be  charged  upon  any  tax  or  assessment 
paid  within  one  month  from  the  first  publication  of  the  notice. 
To  all  taxes  or  assessments  paid  thereafter  shall  be  added  interest 
at  the  rate  of  eight  per  centum  per  annum  from  the  date  of  the 
first  publication  of  said  notice,  which  shall  become  a  part  of  and 
be  collected  with  said  taxes  or  assessments. 


towns,  not  inconsistent  w^ith  this  act,  shall  apply  to  said  commis- 
sioner, except  that  he  is  not  required  to  call  personally  upon  or 
at  the  place  of  residence  of  any  person  to  demand  payment  of  a 
tax  or  assessment,  and  that  he  shall  not  collect  taxes  or  assess- 
ments by  distress  and  sale. 

Section  yd.  The  taxes  on  any  real  estate  occupied  by  a 
person  or  a  corporation  other  than  the  owner,  may  be  paid  by  the 
occupant,  and  he  has  the  right  to  collect  the  amount  thereof, 
if  paid  by  him.  from,  or  set  off  the  amount  thereof  against,  the 
claim  of  the  owner  for  rent.  i. 

Sectiox  yy.  Every  inhabitant  of  the  city  having  in  his 
possession  or  un.der  his  control  any  taxable  property  as  trustee, 
guardian,  executor  or  administrator,  shall  be  taxable  on  the 
amount  thereof,  and  may  charge  the  tax,  when  paid,  against  the 
estate  of  which  he  is  the  trustee,  guardian,  executor  or  adminis- 
trator. 


TITLE  VIIL 

Of  the  Commisioxer  of  Assessments  and  Supplies  and  of 
Tax  Assessments. 

Section  78.  The  commissioner  of  assessments  and  sup- 
plies shall  have  charge  of  the  purchase  and  distribution  of  all 
supplies  required  by  the  city,  except  those  for  the  schools,  and 
render  an  account  thereof  to  the  board  of  commissioners  half- 
yearly. 

25 


Section  79.  He  shall,  within  the  city,  possess  the  powers 
and  perform  the  duties  of  assessors  of  towns  of  this  state  except 
as  otherwise  herein  provided. 

He  shall  cause  to  be  prepared  in  the  manner  and  form,  as 
nearly  as  amy  be,  as  is  prescribed  by  the  Tax  Law  of  the  state, 
an  assessment  roll  of  all  property  within  the  city,  and  shall,  in 
addition  to  the  information  by  said  law  required,  state  separately 
the  value  of  the  personal  property,  the  value  of  the  land  together 
with  the  improvements  thereon  and  the  value  of  the  land 
exclusive  of  all  improvements  thereon. 

On  completing  the  assessment  roll,  which  shall  be  done  on 
or  before  the  first  day  of  September  of  each  year,  he  shall  deposit 
the  same  in  his  office,  and  cause  to  be  published  in  the  official 
city  newspapers  (or  in  case  the  city  shall  publish  an  official 
record,  then  therein),  once  in  each  w^eek  for  two  successive  weeks, 
a  notice  that  the  assessment  roll  is  completed  and  deposited  in 
his  office,  where  it  may  be  examined  for  twenty  days  next  after 
the  first  publication  of  such  notice;  and  that  he  will  attend  during 
the  last  five  of  said  twenty  days,  exclusive  of  Sunday,  at  his 
office,  from  ten  o'clock  in  the  morning  until  nine  o'clock  in  the 
evening  to  review  his  assessments. 

He  shall  have  power  .before  and  on  such  review,  to  insert 
the  w^ords  "unknown  owner"  in  the  case  of  any  property  assessed 
by  him  when  he  shall  not  have  been  able  to  ascertain  the  name  of 
the  owner.  For  a  valid  assessment  of  any  real  property  it  shall 
be  sufficient  to  give  the  lot  number,  if  any,  on  any  designated 
map,  and  the  assessed  value.  An  error  in  the  name  of  the  owner 
shall  not  invalidate  the  assessment. 

During  the  aforesaid  twenty  days  he  shall  review  and  cor- 
rect said  assessment  roll,  and  within  thirty  days  thereafter  verify 
the  same.  During  the  time  he  is  reviewing  and  correcting  said 
roll,  he  shall  have  the  power  to  insert  therein  any  property  liable 
to  taxation,  which  may  have  been  omitted  therefrom,  and,  the 
assessment  therefor,  after  first  giving  to  the  owner  thereof  per- 
sonal notice  in  writing  of  not  less  than  five  days,  to  attend  at  a 
time  and  place  to  be  therein  stated,  and  show  cause  why  any 
specified  corrections  should  not  be  made. 

Section  80.  He  shall  also  in  like  manner  assess  the  cost 
of  all  local  improvements  ordered  by  the  board  of  commissioners, 
or  by  other  competent  authority,  when  the  cost  of    such  local 

26 


improvement,  or  any  part  thereof,  is  made  a  charge  upon  the 
property  deemed  to  be  benefited  thereby. 

Section  8i.  He  shall,  under  the  direction  of  the  board  of 
commissioners,  correct  all  manifest  clerical  errors  in  the  descrip- 
tilon  or  valuation  of  property  in  the  assessment  roll.  The  board 
shall  thereupon  confirm  said  roll,  and  shall  cause  to  be  made  a 
correct  copy  thereof,  certify  the  same  and  deliver  it  to  one  of  the 
supervisors  of  the  city,  to  be  by  him  presented  to  the  board  of 
supervisors  of  the  county  of  Westchester  at  their  next  meeting. 

Section  82.  When  the  board  of  commissioners  shall  have 
fixed  a  tax  or  approved  the  amount  of  an  assessment,  he  shall 
cause  to  be  apportioned  and  extended  the  amount  thereof  oppo- 
site the  several  valuations  of  real  and  personal  property  appear- 
ing in  the  assessment  roll,  in  conformity  as  near  as  practicable 
with  the  provisions  of  law  in  respect  to  apportionment  and 
extending  of  taxes  by  supervisors.  When  such  apportionment 
shall  be  completed  the  board  shall  confirm  the  same;  and  the 
day,  hour  and  minute  of  such  confirmation  shall  be  entered  in 
its  ordinance  book;  and  from  the  moment  of  such  confirmation, 
the  taxes  so  embraced  in  such  roll,  as  apportioned,  shall  be  the 
first  lien  upon  the  property,  respectively,  against  which  the  same 
is  levied. 

Section  83.  Upon  the  application  in  writing  of  any  person 
desiring  to  pay  the  tax  or  assessment  on,  or  to  redeem  from  sale 
for  any  unpaid  tax  or  assessment,  a  part  of  any  lot  of  land,  or 
one  or  more  lots  of  land,  upon  which,  with  other  lots  of  land,  a 
tax  or  assessment  has  been  levied,  the  commissioner  shall  appor- 
tion, in  writing,  the  tax  or  assessment  on  such  lot  or  lots  of  land, 
or  the  amount  for  which  the  same  shall  have  been  sold,  between 
the  land  upon  which  the  applicant  desires  to  pay  the  tax  or  assess- 
ments or  to  redeem,  and  the  remaining  part  thereof ;  and  like  pro- 
ceedings may  be  had  thereafter  as  if  the  land  had  been  separately 
assessed  and  a  separate  amount  of  tav  or  assssment  levied  upon 
each.  Such  apportionment  shall  be  confirmed  by  the  board  of 
commissioners  and  shall  be  filed  in  the  office  of  the  commissioner 
of  assessments. 


27 


TITLE  IX. 

Of  Public  Improvements. 

Section  84.  The  board  of  commisisoners  shall  make  the 
necessary  surveys  and  examinations  and  prepare  a  plan  of  a  sys- 
tem of  sewers  for  that  portion  of  the  city  not  already  sewered. 
Snch  plan  shall  consist  of  a  map  or  maps  with  such  specifications 
as  shall  be  required  to  describe  and  locate  such  additional  system, 
and  may  be  prepared  as  a  whole  or  in  sections  from  time  to  time 
as  the  board  may  determine.  When  said  plan,  or  any  section 
thereof,  shall  have  been  completed  and  adopted  by  the  board,  the 
mayor  shall  so  certify  in  writing  thereon,  affix  the  corporate  seal 
of  the  city  thereto,  and  the  same  shall  then  be  filed  in  the  office 
of  the  commissioner  of  assessments.  After  said  plan,  or  any  sec- 
tion thereof,  shall  have  been  so  approved  and  filed  ,it  may  be 
altered  by  making,  adopting,  approving,  certifying  and  filino-  a 
map,  and  if  necessary  a  specification,  showing  such  alteration  in 
the  manner  above  provided  as  to  said  plan  or  section.  After  the 
filing  of  said  plan  or  section,  all  sewers  to  be  constructed  must 
conform  as  near  as  may  be,  to  said  plan  or  system. 

Section  85.  The  regulating,  re-regulating,  grading,  re- 
grading,  paving,  re-paving  and  graveling,  of  streets  and  high- 
ways, or  any  part  thereof;  the  completion  of  the  regulating  and 
grading  of  all  streets  and  highways,  or  any  part  thereof  and  of 
the  bridges  thereon,  which  may  have  been  or  may  be  laid  out  in 
the  city  by  lawful  authority ;  the  construction,  extension,  enlarge- 
ment and  repair  of  sewers,  drains,  wells,  fire  cisterns,  culverts  and 
bridges ;  the  procuring  of  pumps  and  hydrants  for  fire  purposes ; 
erecting  pumps  and  hydrants  and  laying  such  water  pipes,  may 
be  contracted  for  by  the  commissioner  of  public  works,  when  the 
same  have  been  duly  authorized  by  the  board  of  commissioners. 

Section  86.  The  expense  involved  in  the  construction, 
extension,  enlargement  and  repair  of  sewers,  drains,  wells,  fire 
cisterns,  culverts  and  bridges;  the  procuring  of  pumps,  water 
pipes  and  hydrants  for  fire  purposes ;  the  erecting  of  pumps  and 
hydrants,  and  laying  such  water  pipes,  shall  be  apportioned  and 
assessed  upon  the  several  lots  of  land  benefited  thereby  in  propor- 
tion to  the  benefit  which  each  shaM  derive  from  the  improvement. 
The  expense  of  re-paving  streets  shall  be  paid  by  the  city.  The 
expense  of  laying  and  maintaining  sidewalks  and  curbs  shall  be 

28 


assessed  against  lots  in  front  of  which  they  are  laid.  The 
expense  of  grading,  including  the  grading  of  sidewalks  and  of 
original  paving,  shall  be  divided  into  three  equal  portions,  one 
portion  shall  be  apportioned  and  assessed  upon  the  several  lots  of 
land  on  one  side  of  the  street  in  proportion  to  their  frontages; 
one  portion  shall  be  likewise  apportioned  against  the  lots  of  land 
fronting  on  the  other  side  of  the  street ;  and  one  portion  shall  be 
paid  by  the  city  at  large. 

Section  87.  The  board  of  commissioners  may  direct  curbs 
to  bet  set  and  gutters  to  be  made;  the  expense  thereof  shall  be 
borne  as  directed  in  the  preceding  section. 

Section  88.  Prior  to  the  contracting  for  any  such  work, 
a  plan  and  an  accurate  specification  of  the  work  proposed  to  be 
constructed,  must  be  prepared  and  placed  in  possession  of  the 
commissioner  of  public  works  for  public  inspection.  The  board 
of  commissioners  must,  in  all  cases,  cause  to  be  prepared,  and 
approve  the  specifications  for  constructing  all  sewers,  drains, 
wells,  fire  cisterns,  laying  water  pipes  and  erecting  hydrants. 
The  specifications  for  all  other  work  mentioned  in  this  title  must 
also  be  prepared  by  direction  of  and  approved  by,  the  board  of 
commissioners.  The  board  shall  then  fix  a  district  of  assessment 
beyond  which  the  assessment  shall  not  extend,  and  cause  to  be 
published  in  the  newspapers  in  which  ordinances  are  directed  to 
be  published,  a  notice  that  on  a  day  therein  to  be  named,  at  least 
two  weeks  from  the  first  publication  thereof,  it  will  act  in  rela- 
tion to  the  work  proposed  to  be  constructed,  and  that  in  the 
meantime  sealed  proposals  for  constructing  the  work,  with  the 
names  of  sureties  for  the  faithful  performance  thereof,  will  be 
received  by  the  commissioner  of  public,  works.  A  description  of 
such  district  shall  form  a  part  of  such  notice.  Upon  the  day 
mentioned  in  the  notice,  or  upon  such  subsequent  day  as  the  board 
may  adjourn  to  for  the  purpose,  the  mayor  or  presiding  officer 
shall,  in  the  presence  of  the  board,  open  such  proposals,  and  the 
board  shall  determine  which  proposal  is  the  most  favorable.  No 
proposals  shall  be  considered  unless  accompanied  by  the  written 
consent  of  two  sureties,  conditioned  that  if  the  proposals  be 
accepted,  they  will  execute  and  deliver  a  bond  with  the  bidder  in 
a  penalty  to  be  fixed  by  the  board,  conditioned  for  the  construc- 
tion of  the  work  at  the  price  and  upon  the  terms  proposed, 
according  to  the  plans  and  specifications  therefor,   within  such 

29 


reasonable  time  as  the  board  may  limit,  and  subject  to  the  super- 
vision and  approval  of  the  commissioner  of  public  works,  as  the 
specifications  shall  provide.  The  board  of  commissioners  may 
then  direct  the  construction  of  the  proposed  work,  or  refuse  so  to 
do,  and  accept  the  most  favorable  proposal,  or  reject  all  of  said 
proposals. 

Section  89.  The  commsisioner  of  assessments  shall  make 
a  report  in  writing  of  the  assessment  so  made  and  deposit  the 
same  in  his  office,  and  cause  to  be  published  in  the  newspapers  in 
which  ordinances  are  directed  to  be  published,  once  in  each  week 
for  two  consecutive  weeks,  a  notice  that  the  report  has  been  com- 
pleted and  so  deposited  and  that  he  will,  at  a  time  and  place 
therein  to  be  specified,  not  less  than  ten  days  from  the  first 
publication  of  such  notice,  review  that  report  and  that  at  such 
time  and  place  the  parties  interested  can  be  heard ;  and  the  com- 
missioner of  assessments  shall,  at  such  time  and  place,  hear  the 
parties  interested,  and  thereafter  review  the  report,  correct  the 
same  where  proper,  sign  and  file  the  same  in  his  office,  with  all 
the  objections  in  writing  which  have  ben  left  with  him  by  the 
parties  interested. 

Section  90.  The  board  of  commissioners  shall  have 
power,  on  the  written  petition  of  any  party  interested,  to  alter 
the  grade  of  any  street  or  highway,  or  of  any  part  thereof. 
Before  determining  to  make  such  alteration,  it  shall  cause  to  be 
made  and  deposited  in  the  office  of  thfe  commissioner  of  assess- 
ments a  profile  showing  the  intended  alteration,  and  cause  to  be 
published  in  the  newspapers  in  which  ordinances  are  directed 
to  be  published,  once  in  each  week,  for  two  successive  weeks,  a 
notice  that  such  petition  has  been  received  and  such  profile  so 
deposited,  setting  forth  their  intention  to  make  such  alteration 
and  requiring  all  persons  interested  to  present  their  objections,  in 
writing,  to  the  JDoard  of  commissioners,  at  a  time  and  place  to  be 
mentioned  therein,  not  less  than  two  weeks  from  the  first  publi- 
cation thereof.  The  board  may,  at  any  time  within  one  year 
thereafter,  by  a  vote  of  four  of  its  members,  so  alter  such  grade. 
In  case  the  owner  of  any  building  or  other  structure,  or  his 
authorized  attorney,  shall  file  with  the  commissioner  of  assess- 
ments, within  six  weeks  after  the  vote  of  the  board  altering  the 
grade  of  any  street  or  highway,  a  claim  in  writing,  for  damages 
to  such  building  or  other  structure  arising  from  such  alteration, 

30 


the  board  must  fix  an  assessment  district  and  cause  application  to 
be  made  to  the  county  court  of  Westchester  county,  or  to  the 
supreme  court,  at  a  special  term  thereof,  within  the  judicial  dis- 
trict in  which  the  county  of  Westchester  is  situated,  for  the 
appointment  of  three  commissioners  to  estimate  and  assess  such 
damages.  All  claims  for  damages  so  filed  shall  be  considered  and 
disposed  of  in  the  same  proceeding.  No  building  or  other  struc- 
ture shall  be  deemed  to  have  sustained  damage  by  reason  of 
such  alteration  of  grade,  unless  such  building  or  structure  shall 
have  been  built  with  reference  to,  or  to  conform  with,  previously 
established  grade. 

Section  92.  Upon  a  petition  of  the  owners  of  a  majority 
of  the  front  feet  of  land  fronting  upon  any  street  or  portion 
thereof,  the  board  of  commissioners  may  discontinue  such  public 
street  or  highway  or  portion  thereof,  as  shall  appear  to  be  unne- 
cessary. Such  petition  must  contain  a  description  of  the  street 
or  highway  or  part  thereof  proposed  to  be  discontinued,  and  be 
accompanied  by  a  map  showing  the  street  or  highway  proposed 
to  be  discontinued  and  its  connection  with  other  streets  or  high- 
ways ;  or  if  only  a  part  of  a  street  or  highway,  then  its  connection 
with  the  remaining  portion.  Before  acting  thereon,  such  petition 
and  map  must  be  deposited  with  the  commissioner  of  assess- 
ments, and  the  board  must  cause  to  be  published  in  the  news- 
papers in  which  ordinances  are  directed  to  be  published,  once  a 
week,  for  three  successive  weeks,  a  notice  that  such  petition  has 
been  received,  and  that  a  map  showing  the  proposed  discontinu- 
ance, and  a  description  of  the  street,  or  part  of  street  proposed  to 
be  discontinued,  has  been  deposited  with  the  commissioner  of 
assessments,  and  that  upon  a  day  to  be  stated  in  such  notice,  at 
least  twenty  days  after  the  first  publication  thereof,  it  will,  if  it 
deem  proper,  order  such  discontinuance  to  be  made.  Unless  a 
majority  of  the  owners  of  land  fronting  on  such  street,  shall,  on 
or  before  the  day  specified  in  said  notice,  remonstrate  against 
such  discontinuance,  the  board  upon  the  day  specified  in  said 
notice,  or  upon  a  subsequent  day,  to  which  the  matter  may  be 
postponed,  direct  such  discontinuance  by  an  order  in  writing, 
signed  by  at  least  four  members,  sealed  with  the  corporate  seal 
and  filed  in  the  office  of  the  commissioner  of  assessments  with 
the  map  accompanying  such  petition.  The  lines  of  the  street 
shall  thereuponu  conform  to  the  change  made  by  such  discon- 
tinuance.  The  board  may,  as  a  condition  for  the  granting  of  such 

31 


order  of  discontinuance,  require  the  owners  of  the  land  within 
the  street  or  part  thereof  to  be  discontinued,  to  pay  the  expense 
of  such  proceeding. 

Section  93.  In  case  the  owner  of  any  building  or  other 
structure,  or  of  any  land  afTected  by  any  such  discontinuance,  or 
his  authorized  agent  or  attorney,  wnthin  six  weeks  after  the 
filing  of  such  order  of  discontinuance,  shall  serve  upon  the  com- 
missioner of  assessments  a  claim,  in  writing,  for  damages  by 
such  owner,  suffered  by  reason  of  such  discontinuance,  in  respect 
to  such  building,  structure  or  land,  the  board  of  commissioners 
must  estal:)lish  an  assessment  district,  and  cause  application  to  be 
made  to  the  county  court  of  Westchester  county  or  to  the 
supreme  court,  at  a  special  term  thereof,  for  the  appointment  of 
three  commissioners  to  estimate  and  assess  such  damages.  Like 
proceedings  as  to  such  claim  shall  thereupon  be  had,  as  is  in  this 
citle,  providing  for  estimating  and  assessing  the  expense  for  the 
opening  and  widening  of  streets.  In  case  the  person  making- 
such  claim  be  not  in  possession  of  the  land,  building  or  structure, 
in  respect  to  which  such  claim  is  made,  or  in  case  the  board  of 
commissioners  shall  deem  such  case  unfounded,  it  may  require 
the  claimant  to  file  with  the  mayor  a  bond  with  sufficient  sureties 
to  be  approved  b}^  him,  conditioned  to  pay  all  costs,  expenses 
and  disbursements  wdiich  may  be  incurred  by  the  city  in  such 
proceedings,  in  case  no  award  for  damages  shall,  by  such  com- 
missioners be  made  in  favor  of  such  claimant :  and  until  such 
bond  be  filed,  the  board  may  suspend  such  proceedings.  In  case 
two  or  more  persons  shall  make  separate  claims  for  damages, 
within  said  six  weeks,  all  such  claims  shall  be  considered  and  dis- 
posed of  in  the  same  proceeding. 

Section  94.  Any  person  aggrieved  by  such  order  of 
discontinuance  may,  at  any  time  within  sixty  days  after  such 
order  shall  have  been  filed  in  the  mayor's  office,  appeal  therefrom 
to  the  supreme  court  by  a  notice  in  writing,  to  be  served  upon 
the  mayor;  such  appeal  shall  be  heard  at  special  term,  and  the 
court  shall  afiirm  or  vacate  such  order  as  it  may  deem  for  the 
best,  having  due  regard  for  the  rights  and  interests  of  the  trav- 
eling public,,  as  well  as  the  individuals  affected  thereby.  No 
paper  shall  be  read  on  such  appeal,  except  the  proceedings  of  the 
board  of  commissioners  and  such  affidavits  and  objections  as 
may  have  been  served  upon  the  mayor  wnth  the  notice  of  appeal 
except  to  sustain  the  order  of  discontinuance. 

32 


Section  95.  The  expense  of  advertising  and  printing,  ana 
the  compensation  of  all  persons  other  than  salaried  city  officers 
and  employes  necessarily  employed  in  any  proceeding  under  this 
title,  is  part  of  the  expense  thereof  and  shall  be  assessed  as  such. 

TITLE  X. 

Of  the  School  District  and  Board  of  Education. 

Section  96.  All  the  territory  included  within  the  bound- 
aries of  the  city  shall  constitute  a  separate  school  district  within 
this  state,  and  shall  be  designated  as  "the  school  district  of  the 
city  of  Mount  Vernon."  Such  district  shall  be  entitled  to  all  the 
rights,  powers,  privileges,  public  moneys,  and  other  benefits  con- 
ferred by  law,  or  other  state  authority,  upon  school  districts,  and 
shall  be  subject  to  all  the  rules,  regulations,  powers  of  inspection 
and  superintendence,  prescribed  by  law,  applicable  to  school  dis- 
tricts in  cities,  except  as  otherwise  hereinafter  provided. 

Section  97.  The  affairs  of  the  said  school  district  shall  be 
managed  by  a  board  of  education  composed  of  the  school  trus- 
tees ;  the  mayor  shall  be  the  presiding  officer  thereof.  The  term 
of  office  of  each  trustee  shall  commence  on  the  second  Monday  of 
August  next  following  his  election.  A  majority  of  the  trustees 
shall  constitute  a  quorum,  and  in  the  proceedings  of  the  board, 
each  trustee  present  shall  have  a  vote ;  the  mayor  shall  have  only 
a  casting  vote  when  the  votes  of  the  trustees  are  tied.  Vacancies 
in  the  board  of  education  occasioned  by  the  resignation,  refusal 
to  serve,  death  or  removal  of  any  of  its  members  shall  be  filled 
by  appointment  by  said  board  until  the  next  regular  school  elec- 
tion, when  the  residue  of  the  term,  if  any,  shall  be  filled  by  elec- 
tion as  hereinbefore  prescribed. 

Section  98.  The  board  shall  meet  at  least  once  in  each 
month,  which  meetings  shall  be  public.  It  shall  keep  a  record  of 
its  proceedings,  open  to  the  public,  in  which  all  of  its  resolutions 
and  votes  shall  be  entered.  It  may  employ,  and  remove  at  its 
pleasure,  a  clerk  and  such  other  subordinates  for  the  administra- 
tion of  its  business  as  may  be  deemed  necessary,  and  fix  their 
compensation.  It  may  make  regulations  for  its  government  and 
for  the  government  of  its  employees.  The  records  of  the  pro- 
ceedings of  the  board  or  a  transcript  thereof,   certified  by  the 

33 


mayor  and  its  clerk,  shall  be  received  in  all  courts  or  places  as 
prima  facie  evidence  of  the  fact  therein  stated. 

Section  99.  The  board  of  education  and  its  successors 
shall  possess  all  the  powers  conferred,  and  discharge  all  the 
duties  imposed  by  this  act,  or  by  any  general  law  of  this  state 
relating  to  school  districts  in  cities,  or  relating  to  the  board  of 
education  of  such  district,  and  not  inconsistent  with  the  provis- 
ions of  this  act. 

Section  100.  The  board  of  education  shall  have  the 
power,  subject  to  the  provisions  of  this  act,  to  purchase,  take, 
lease,  hold  or  improve  any  real  or  personal  estate,  in  trust  for  the 
school  district,  for  the  support  and  maintenance  of  public  schools. 
or  for  any  of  the  purposes  of  education  in  said  city.  It  may  also 
take,  by  gift,  grant,  bequest  or  devise,  and  hold,  any  real  estate 
or  personal  estate,  in  trust  for  any  of  the  purposes  of  education, 
art,  or  the  purchase,  support  or  maintenance  of  public  libraries 
in  said  city,  upon  such  terms  as  may  be  prescribed  by  the  donor 
or  donors  and  accepted  by  said  board;  and  it  may  execute  any 
trust  for  any  of  the  purposes  aforesaid,  and  provide  for  the 
proper  execution  thereof.  The  title  of  all  the  school  houses,  sites 
and  lots  located  within  the  city,  and  personal  property  appertain- 
ing to  the  school-houses,  shall  be  vested  in  the  city. 

Section  ioi.  Subject  to  the  provisions  of  this  act,  the 
board  of  education  shall  have  power,  and  it  shall  be  its  duty : 

( 1 )  To  establish  and  organize  in  said  city,  such  and  so 
many  free  schools,  including  night  schools,  as  it  shall  deem  requi- 
site and  expedient,  and  to  change  or  discontinue  the  same  at  its 
discretion. 

(2)  To  establish  and  maintain,  whenever  it  shall  be  deemed 
expedient  so  to  do,  one  or  more  high  schools,  trade  schools,  or 
other  secondary  schools. 

(3)  To  organize,  establish  and  maintain  school  savings 
banks  under  the  authority  of,  and  in  conformity  with,  any  gen- 
eral law  of  the  state  in  regard  to  such  or  similar  institution. 

(4)  To  purchase  or  hire,  sell  or  dispose  of,  school-houses, 
lots  or  sites,  to  alter,  improve  and  repair  school-houses  and  ap- 
purtenances, as  may  be  deemed  advisable. 

34 


(5)  To  purchase,  exchange,  improve  and  repair  school  ap- 
paratus, books,  furniture  and  appendages,  and  to  defray  the  nec- 
essary expenses  attending  the  same. 

(6)  To  have  the  custody  and  safe-keeping  of  the  school 
buildings,  lots,  out-houses,  books,  furniture  and  appendages,  and 
to  see  that  the  ordinances  and  by-laws  of  said  city  in  regard 
thereto  are  enforced,  and  any  violation  thereof  punished. 

(7)  To  contract  with,  employ  and  fix  the  compensation  of, 
a  superintendent  of  instruction  and  all  necessary  teachers  for  the 
schools  of  the  city,  and  at  pleasure  to  remove  them  or  any  of 
them,  under  such  rules  and  regulations  as  may  be  established  by 
law,  or  by  the  department  of  public  instruction  of  the  state. 

(8)  To  pay  the  salaries  of  superintendent  and  teachers  out 
of  any  moneys  appropriated  or  provided  by  law  for  that  purpose. 

(9)  To  defray  the  necessary  contingent  expenses  of  the 
board  and  district,  including  the  wages  of  clerk,  janitors,  and 
other  assistants  and  employes  and  incidental  expenses. 

(10)  To  expeiid  all  moneys  raised  by  virtue  of  this  act,  or 
which  may  have  been  previously  raised,  for  purchasing  sites, 
erecting  or  enlarging  school-houses,  or  for  other  purposes,  in 
such  manner  as  may  be  deemed  advisable,  but  only  for  the  pur- 
poses for  which  the  same  was  raised. 

(11)  To  take  and  appropriate  land  and  other  real  property 
within  said  city  for  school  purposes,  when  authorized  so  to  do  by 
the  board  of  commissioners  of  the  city. 

(12)  To  license  all  teachers  employed  in  the  schools  of  the 
city,  in  the  same  manner,  and  with  like  effect  in  said  city,  as 
school  commissioners  of  counties. 

(13)  To  have,  to  the  exclusion  of  all  boards  and  officers, 
except  the  regents  of  the  university  and  the  superintendent  of 
public  instruction  of  the  state,  the  entire  supervision  and  manage- 
ment of  the  public  schools  of  the  city,  and  the  right  from  time  to 
time  to  adopt,  alter,  modify  or  repeal,  as  may  be  deemed  expe- 
dient, rules  and  regulations  for  their  organization,  government 
and  instruction,  for  the  reception  of  pupils  and  their  transfers 
from  one  school-room  or  school-house  to  another,  for  their  ad- 
vancement  from   class  to  class,   as  their  degree  of  scholarship 

35 


shall  warrant,  and  generally  for  the  promotion  of  the  good  order 
and  prosperity  of  said  schools. 

(14)  To  allow  the  children  of  persons  non-resident  within 
the  city  to  attend  any  of  the  schools  therein  under  its  control, 
upon  such  terms  as  its  may  prescribe. 

(15)  To  establish  and  maintain  a  free  public  library,  and 
to  provide  suitable  rooms  therefor ;  to  employ  and  pay  a  librarian 
and  assistants  to  have  the  care  and  supervision  of  the  books  and 
other  publications  belonging  thereto  and  supervise  the  letting  out 
and  return  thereof.  To  exercise  the  same  discretion  as  to  the 
disposition  of  the  moneys  provided  by  law  for  the  purpose  of 
libraries  as  is  conferred  upon  the  inhabitants  of  school  districts. 

(16)  Except  as  otherwise  provided  by  this  act,  to  exercise 
all  powers  conferred  upon  the  inhabitants  of  school  districts  at 
school  district  meetings. 

(17)  Except  as  otherwise  provided  by  this  act,  to  exercise 
all  the  powers  conferred  and  all  the  duties  imposed  by  the  gen- 
eral laws  of  this  state  applicable  to  boards  o^  education  in  cities. 

Section  102.  On  or  before  the  first  day  of  May  in  each 
year  the  board  of  education  shall  present  to  the  board  of  com- 
missioners a  detailed  estimate  of  such  moneys  as  it  may  deem 
necessary  to  be  raised  by  taxation  for  each  of  the  following  pur- 
poses, for  the  ensuing  school  year,  namely : 

( 1 )  The  wages  of  superintendent  and  teachers,  after  apply- 
ing such  of  the  public  school  and  other  moneys  as  may  be  ap- 
plicable thereto. 

(2)  For  the  maintenance  of  high  schools  and  the  payment 
of  teachers  thereof,  after  applying  such  of  the  public  school  and 
other  moneys  as  may  be  applicable  therto. 

(3)  For  the  maintenance  and  repair  of  school-houses,  out- 
houses and  grounds  with  their  appendages  and  appurtenances. 

(4)  For  the  purchase,  repair  or  improvement  of  school 
apparatus,  books,  furniture  and  fixtures. 

(5)  For  the  purchase,  maintenance  and  repair  of  the  free 
public  library  and  of  the  school  and  academic  libraries. 

36 


(6)  For  the  rent  of  school-houses  and  rooms  for  school 
purposes,  the  purchase  of  fuel  and  lights,  and  to  pay  the  contin- 
gent expenses  of  the  district,  including  the  wages  of  clerk,  jani- 
tress,  and  other  assistants  and  employees  and  incidental  expenses. 

(7)  For  such  other  purposes  as  required  by  the  provisions 
of  this  act. 

The  board  of  commissioners  may  amend  said  estimate, 
and  after  having  adopted  the  same,  shall  include  the  amount 
therein  called  for  in  the  annual  tax  and  assessment 
roll  for  that  year,  and  the  amount  so  included  shall  be  collected 
and  paid  to  the  commissioner  of  finance,  who  shall  place  the  sum 
as  well  as  all  other  public  moneys  or  public  funds  received  for. 
and  belonging  or  appropriated  to,  the  use  of  said  school  district, 
to  the  credit  of  the  school  fund  of  the  board  of  education,  and 
shall  keep  the  same  separate  from  the  other  funds  of  the  city. 
The  board  of  education  shall  disburse  all  the  funds  of  said  dis- 
trict by  orders  upon  the  commissioner  of  finance,  signed  by  its 
clerk  and  countersigned  by  the  mayor.  Said  orders  shall  be 
numbered  consecutively  and  shall  specify  the  purpose  for  which 
they  are  drawn  and  the  person  to  whom  payable.  Upon  the  re- 
quest from  the  board  of  education,  the  commissioner  of  finance 
shall  certify  from  time  to  time  the  balance  remaining  to  the 
credit  of  the  school  fund.  Whenever  any  moneys  are  collected 
by,  or  paid  to,  the  commissioner  of  finance  for  school  purposes,  it 
shall  not  be  lawful  for  said  commissioner  to  apply  such  money  or 
any  part  thereof  to  any  other  purpose  or  object. 

Section  103.  The  board  of  education  shall,  whenever  it 
deems  a  new  school  building,  or  the  enlargement  of  an  existing 
building  or  additional  lands  in  connection  therewith,  to  be  neces- 
sary, report  that  fact,  together  with  plans  therefor,  me  proposed 
site  and  the  estimated  expense  thereof,  to  the  board  of  commis- 
sioners, who  shall,  if  they  approve,  authorize  the  board  of  educa- 
tion to  purchase  such  lands,  erect  or  enlarge  such  buildings ;  and 
shall  provide  the  funds  therefor  by  the  sale  of  bonds  or  by  in- 
cluding the  sum  required  in  the  next  annual  budget  as  may  be 
deemed  proper  by  the  commissioners.  If  the  commissioners  shall 
disapprove,  then  upon  demand  of  the  board  of  education,  its  rec- 
ommendation and  the  objections  of  the  commissioners  shall  be 
referred  to  the  people  at  a  special  election  to  be  held  on  the  first 
Tuesday  after  the  first  Monday  in  the  month  occurring  not  less 

37 


than  fifteen  days  after  the  action  of  the  commissioners.  At  such 
election,  all  persons  entitled  to  vote  for  school  officers  under  the 
laws  of  the  state  of  New  York  shall  be  entitled  to  vote  and  the 
election  shall  be  held  in  the  manner  provided  for  school  elections. 

Section  104.  It  shall  be  the  duty  of  the  board  of  educa- 
tion, on  or  before  October  ist,  in  each  year,  to  make  to  the  board 
of  commissioners  a  detailed  report  of  the  manner  in  which  it  shall 
have  expended  the  money  provided  for  and  appropriated  to 
school  purposes  from  any  sources,  during  the  last  fiscal  year ; 
also  a  full  statement  of  the  bonded  or  other  indebtedness  of  the 
district ;  and  such  report  shall  be  published  by  the  commissioners 
in  connection  with  and  as  a  part  of  the  annual  report  of  financial 
transactions  of  the  city  which  it  is  required  by  this  act  to  publish. 
The  board  of  education  shall  also  make  report  to  the  superin- 
tendent of  public  instruction  of  the  state  in  the  manner  and  at 
such  times  as  he  may  direct. 

Section  105.  It  shall  be  the  duty  of  the  superintendent  of 
public  instruction  of  the  state  to  apportion  for  the  use  of  the 
board  of  education  of  the  city  of  Mount  Vernon  such  portion  of 
the  school,  library,  and  other  public  money  as  it  shall  be  entitled 
to  by  its  annual  report,  in  the  manner  in  which  such  moneys  are 
apportioned  to  cities ;  and  the  amounts  to  which  it  shall  be  so 
entitled,  shall  be  certified  to  the  county  treasurer  of  Westchester 
county,  and  said  county  treasurer  shall  pay  over  to  the  commis- 
sioner of  finance  of  the  city,  for  the  use  of  the  board  of  education 
such  proportion  of  the  school,  library  and  other  public  money  as 
may  be  apportioned  by  law  or  by  the  superintendent  of  public 
instruction  of  the  state  to  the  board  of  education  of  the  city,  for 
teachers'  wages,  library  and  other  school  purposes. 

Section  106.  The  board  of  commissioners  of  the  city 
shall  have  the  power  to  pass  such  ordinances  as  the  board  of  edu- 
cation shall  report  necessary  for  the  protection,  safe  keeping,  care 
and  preservation  of  the  school  buildings  and  other  school  prop- 
erty, and  to  impose  penalties  for  the  violation  of  the  same. 

Section  107.  Charges  of  misconduct  or  violation  or 
neglect  of  duty  on  the  part  of  any  member  of  the  board  of  educa- 
tion may  be  presented  to  said  board  by  any  member  thereof  or 
by  any  elector  of  the  city,  and  such  charges  shall  be  duly  exam- 
ined by  the  board  at  a  regular  or  special  meeting  of  which  the 

38 


accused  member  shall  have  at  least  five  days  notice,  but  at  which 
meeting  said  accused  member  shall  not  be  entitled  to  vote.  If  at 
such  meeting,  after  hearing  the  evidence  on  both  sides,  the 
board  shall  deem  the  charges  against  the  member  sustained,  then 
all  the  papers  and  documents  in  the  case,  with  a  transcript  of 
the  proceedings  of  the  meeting  shall  be  transmitted  by  the  clerk 
of  the  board  to  the  superintendent  of  public  instruction  of  the 
state,  and  upon  his  approval  of  the  findings  of  the  board,  the 
accused  member  shall  be  removed  and  his  place  declared  vacant. 

Section  io8.  The  superintendent  of  instruction  of  the  city 
shall  confer  with  and  act  under  the  direction  of  the  board  of 
education  in  performing  the  duties  of  his  office.  He  shall,  sub- 
ject to  the  direction  of  the  board,  have  general  control  and  super- 
vision of  the  public  schools  and  the  teachers  thereof  ,and  shall, 
on  or  before  the  fifteenth  day  of  April  in  each  year,  report  in 
writing  to  the  board  as  follows : 

(i)  The  whole  number  of  schools  within  the  jurisdiction 
of  the  board  and  their  sanitary  and  general  condition  and  man- 
agement. 

(2)  The  repairs  or  alterations,  if  any.  that  are  necessary 
for  such  schools. 

(3)  The  condition  of  the  school  furniture,  apparatus  and 
books  in  the  several  schools,  and  the  repairs  or  additions  thereto 
that  may  be  necessary. 

(4)  The  number  of  teachers  employed  in  the  several 
schools,  and  their  efficiency,'  with  suggestions  as  to  the  increase  or 
decrease  in  the  number  thereof. 

(5)  The  number  of  pupils  registered  at  each  school  and  the 
average  daily  attendance. 

(6)  Such  changes  in  the  curriculum  of  any  or  all  of  the 
schools  as  he  may  deem  advisable. 

(7)  Such  other  information  in  relation  to  the  schools  as 
may  be  of  interest  to  the  people  of  the  city. 


39 


TITLE  XL 

Of  the  Corporation   Counsel. 

Section  109.  The  corporation  counsel  shall  be  the  attor- 
ney of,  and  counsel  to,  the  city.  He  shall  have  charge  of  all 
actions  and  special  proceedings  brought  by  or  against  the  city, 
and  of  all  disputed  claims  in  favor  of  or  against  the  city,  and  shall 
be  authorized  to  compromise  and  settle  the  same  and  bind  the 
city  to  such  compromise  and  settlement,  provided  it  be  in  writing, 
signed  by  not  less  than  three  commissioners. 

Section  iio.  He  shall  be  the  legal  adviser  of  the  board  of 
commissioners,  of  each  of  the  commissioners,  of  their  subordi- 
nates and  of  the  board  of  education. 

Section  hi.  He  may  designate  any  subordinate  in  his 
office,  who  shall  be  a  counsellor  at  law,  to  act  as  his  deputy,  and 
such  deputy  shall  exercise  his  authority  in  his  absence  or  dis- 
ability. 

TITLE  XII. 

Of   the  City   Court. 

Section  112.  The  city  court  of  Mount  Vernon,  as  consti- 
tuted by  chapter  182  of  the  laws  of  1892,  is  continued. 

Section  113.  The  city  judge  shall  be  the  judge  of  said 
court.  In  his  absence  or  disability  the  acting  city  judge  shall  be 
the  judge  of  said  court.  The  clerk  and  marshal  shall  within  the 
city  perform  the  same  duties  and  have  the  same  powers  as  to 
matters  pending  in  said  court  as  the  county  clerk  and  sheriff, 
respectively,  have  as  officers  of  the  county  court  of  Westchester 
county.  The  city  judge  may  appoint  and  at  pleasure  remove 
such  other  officers  and  employees  as  the  board  of  commissioners 
may  authorize. 

,   Section    114.     The  court  shall   have  the  following  juris- 
diction : 

(a)  That  of  a  court  of  special  sessions  of  the  peace,  where 
a  crime  is  committed  within  its  jurisdiction. 

40 


(b)  Jurisdiction  equal  to  that  of  the  county  court  of  West- 
chester county,  in  all  cases  of  misdemeanor  committed  within  the 
city,  which  is  not  expressly  stated  to  be  triable  only  after  indict- 
ment, subject  to  removal  as  provided  in  section  57  of  the  code  of 
criminal  procedure. 

(c)  Jurisdiction  equal  to  that  of  a  justices'  court  in  civil 
actions  where  the  defendant  is  served  within  the  city. 

(d)  In  civil  actions  and  special  proceedings,  jurisdiction 
equal  to  that  of  the  county  court  of  Westchester  county,  where 
the  defendant  is  served  with  process  in  the  city. 

(e)  Of  all  actions  and  proceedings  to  enforce  ordinances 
and  regulations  of  the  city. 

Section  115.  The  city  judge  and  the  acting  city  judge 
shall  have  all  the  authority  of  a  magistrate  within  the  city. 

Section  116.  The  city  judge  and  the  acting  city  judge 
shall,  as  to  all  actions  or  proceedings  pending  in  the  city  court, 
have  the  same  authority  as  a  justice  of  the  supreme  court  sitting 
in  chambers  in  actions  or  proceedings  pending  in  the  supreme 
court. 

Section  117.  In  all  civil  actions,  the  process,  procedure, 
trial,  judgment,  costs  and  disbursements  shall  be  regulated  by 
the  laws  applicable  to  county  courts,  except  that  summons  shall 
be  returnable  after  six  days,  exclusive  of  the  date  of  service,  and 
the  time  to  appear  and  plead  shall  be  six  days ;  and  except  that  in 
actions  where  the  amount  involved  does  not  exceed  one  hundred 
dollars,  the  costs  and  disbursements  shall  not  exceed  ten  dollars. 

Section  118.  In  all  criminal  actions  or  proceedings,  the 
process,  procedure,  trial,  judgmefit,  costs  and  disbursements 
shall  be  regulated  by  the  laws  applicable  to  county  courts. 

Section  119.  In  any  case  where  an  appeal  would  lie  from 
the  decision  of  a  county  judge,  a  county  court,  or  a  justices' 
court,  an  appeal  shall  lie  from  the  decision  of  the  city  judge  or 
the  city  court  to  the  appellate  division  of  the  supreme  court  in 
the  judicial  department  in  which  the  city  is  situated. 

Section  120.  In  civil  actions  jury  trials  shall  not  be  had 
unless  demanded  in  the  notice  of  trial.  The  city  judge  shall  cer- 
tify to  the  commissioner  of  jurors  of  the  county  of  Westchester 

41 


the  terms  when  a  jury  will  be  required  to  attend.  A  panel  of 
jurors  shall  be  drawn  from  those  liable  to  serve  and  who  reside 
in  the  city  by  the  same  officers  by  whom,  and  in  the  same  manner 
that,  jurors  are  drawn  to  serve  in  the  county  court. 

Section  121.  A  transcript  of  the  docket  of  any  judgment 
of  the  city  court,  when  issued  by  the  clerk  of  said  court,  under 
the  seal  of  said  court,  may  be  filed  in  the  office  of  the  clerk  of  any 
county  in  the  state,  and  such  judgment  shall  thereupon  be  dock- 
eted in  such  county,  and  the  same  shall  thereupon  have  the  same 
effect,  and  may  be  enforced  in  the  same  manner,  and  the  same 
proceedings  may  be  taken  thereon,  with  like  effect  in  all  respects, 
as  if  such  judgment  had  been  rendered  in  the  supreme  court  and 
first  docketed  in  the  office  of  the  clerk  of  such  county. 

When  a  transcript  of  the  docket  of  any  such  judgment  shall 
be  filed  in  the  office  of  the  clerk  of  Westchester  county  and  there 
docketed,  the  same  may  be  enforced,  at  the  election  of  the  judg- 
ment creditor,  either  by  proceedings  in  the  city  court  or  before 
the  city  judge,  or  by  proceedings  before  the  county  judge  of 
Westchester  county,  or  in  the  county  court  pi  Westchester 
county. 

Section  122.  The  clerk  of  the  city  court  shall  charge  for 
his  services  the  fees  which  a  county  clerk  would  be  entitled  to 
charge  for  like  services.  The  marshal  of  the  city  court  shall 
charge  for  his  services  the  fees  for  which  a  constable  or  a  sheriff 
of  the  county  of  Westchester  would  be  entitled  to  charge  for  his 
services.  All  such  fees  shall  be  paid  into  the  city  treasury  daily 
and  accounted  for  under  the  regulations  prescribed  by  the  mayor. 

TITLE  XIII. 

Of  the  Referendum,  Recall,  Initiative,  Nominations  and 
Special  Elections. 

Section  123.  Whenever  a  proposed  ordinance  requiring 
the  signatures  of  four  commissioners  shall  have  received  the 
signatures  of  three  commissioners,  it  shall  be  unlawful  for  either 
of  the  other  commissioners  to  sign  the  same,  until  said  ordinance 
shall  have  been  first  published  for  ten  days  in  the  manner  pro- 
vided by  this  act  for  the  publication  of  ordinances.  If  within  said 
ten  days  a  petition  signed  and  acknowledged  or  proved,  as  deeds 

42 


are  required  by  law  to  be  acknowledged  or  proved  in  order  to  be 
recorded,  by  twenty-five  or  more  electors  of  the  city,  registered 
at  the  election  held  in  the  preceding  November,  shall  be  filed  with 
the  mayor  praying  for  a  hearing  upon  said  proposed  ordinance, 
then  it  shall  not  be  lawful  for  either  of  said  other  commissioners 
to  sign  said  proposed  ordinance  until  the  expiration  of  forty- 
eight  hours  after  the  close  of  the  hearing,  or  any  adjournment 
thereof,  hereinafter  provided  for.  If  such  petition  is  so  filed  with 
the  mayor  he  shall  immediately  fix  and  advertise  a  place  and  day 
for  a  hearing  on  said  proposed  ordinance  before  the  commission- 
ers ;  which_  hearing  may  be  adjourned  from  time  to  time  by  a 
majority  of  the  commissioners. 

Section  124.  No  ordinance  granting  a  franchise,  or  ap- 
propriating more  than  $25,000  for  any  single  purpose  other  than 
the  current  expenses  of  the  city,  or  ordering  a  bond  issue,  except 
bonds  issued  in  lieu  of  unpaid  taxes  and  assessments,  shall  go 
into  effect  until  thirty  days  after  the  time  of  the  publication  of 
the  said  ordinance,  as  required  by  this  act ;  and  if,  during  said 
thirty  days,  a  petition  signed  and  acknowledged  or  proved  as 
deeds  are  required  by  law  to  be  acknowledged  or  proved  by  elec- 
tors of  the  city,  registered  at  the  election  held  in  the  preceding 
November,  equal  in  number  to  five  per  cent,  of  the  electors  so  reg- 
istered, protesting  against  the  passage  of  such  ordinance,  and 
stating  briefly  the  ground  for  such  protest,  shall  be  presented  to 
the  mayor,  such  ordinance  shall  thereupon  be  suspended  and  shall 
not  go  into  operation ;  and  it  shall  be  the  duty  of  the  board  of 
commissioners  to  reconsider  such  ordinance  and  to  repeal  the 
same,  or  in  default  thereof,  to  submit  the  same  to  the  people  at 
the  next  general  election  or  at  the  option  of  the  board  at  an  elec- 
tion to  be  called  for  such  purpose  in  the  manner  hereinafter  pro- 
vided. At  such  election  the  ballots  shall  contain  a  copy  of  the 
ordiance  and  of  the  petition  except  the  signatures,  and  shall  con- 
tain the  words  "For  the  Ordiance"  and  "Against  the  Ordinance;" 
and  shall  otherwise  comply  with  the  requirements  of  law  for  bal- 
lots upon  constitutional  amendments  submitted  to  the  people. 
The  ordinance  shall  take  effect  only  in  case  a  majority  of  the 
votes  cast  at  such  election  shall  be  in  favor  thereof. 

Section  125.  The  word  "franchise"  as  used  in  the  last 
preceding  section  is  intended  to  include,  and  shall  be  construed 
to  mean,  any  and  all  rights  or  permission  to  construct,  maintain 

43 


or  operate  within  the  boundaries  of  the  city,  upon,  above  or  under 
ground,  in,  under,  above  on  or  through  the  streets,  highways, 
parks,  water  front,  pubhc  waters,  land  under  water,  pubhc  or 
private  lands  or  places,  all  wharves,  piers  and  docks ;  all  bridges ; 
all  telegraph,  telephone  or  electric  light  lines,  wires,  poles  and 
appurtenances ;  all  supports  and  inclosures  for  electrical  conduc- 
tors and  their  appurtenances ;  all  surface,  under-ground  or  eleva- 
ted railroads;  all  railroad  structures,  sub-structures  and  super- 
structures, tracks,  branches,  switches  and  their  appurtenances; 
all  stage  or  bus  lines  or  routes ;  all  mains,  pipes,  tanks,  conduits 
or  wires,  with  their  appurtenances,  for  conducting  water,  steam, 
heat,  light,  power,  gas,  oil,  electricity  or  other  property,  sub- 
stance or  produce  capable  of  transportation  or  conveyance  therein, 
or  that  is  protected  thereby. 

Section  126.  The  mayor,  any  commissioner  or  any  school 
trustee  may  be  removed  at  any  time  by  the  qualified  voters  of  the 
city.  Upon  receipt  by  the  mayor  of  a  petition  signed  and  ac- 
knowledged or  proved  as  deeds  are  required  by  law  to  be 
acknowledged  or  proved,  by  electors  of  the  city  registered  at  the 
election  held  in  the  preceding  November  equal  in  number  to 
twenty-five  per  cent,  of  the  electors  so  registered,  (of  whom  a 
number  equal  to  five  per  cent,  of  the  whole  number  of  electors 
shall  be  enrolled  republicans  and  a  like  number  shall  be  enrolled 
democrats),  asking  for  the  removal  of  such  officer,  the  board  of 
commissioners  shall  order  a  special  election  to  be  held  for  the 
election  of  a  successor.  At  such  election  the  ballots  shall  be  the 
same  as  those  required  at  a  regular  annual  election,  except  that 
the  name  of  the  officer  mentioned  in  the  petition  shall  appear  first 
on  the  list  of  candidates  without  requiring  that  a  petition  nomi- 
nating him  shall  be  filed.  Upon  such  election  the  candidate  re- 
ceiving a  majority  of  the  votes  cast,  shall  be  deemed  to  be  elected 
to  fill  such  office  for  the  unexpired  term  of  the  officer  mentioned 
in  the  petition,  and  upon  his  qualification  the  officer  mentioned  in 
the  petition  shall  cease  to  hold  such  office.  Should  the  successor 
not  qualify  within  ten  days  after  election  day  the  office  shall  be 
deemed  to  be  vacant. 

Section  127.  Any  proposed  ordinance  may  be  submitted 
to  the  board  of  commissioners  by  apetition  signed  and  acknowl- 
edged or  proved  as  deeds  are  required  by  law  to  be  acknowledged 
or  proved,  by  electors  of  the  city  registered  at  the  election  held 

44 


in  the  last  preceding  November,  equal  in  number  to  five  per  cent, 
of  such  electors ;  such  petition  shall  set  forth  the  proposed  ordi- 
nance in  exactly  the  language  in  which  it  is  intended  to  be  passed, 
and  shall  then  be  presented  to  the  mayor.  Within  five  days  after 
receipt  of  the  mayor's  certificate  as  provided  in  section  132,  the 
board  of  commissioners  shall  either  adopt  the  ordinance,  without 
alteration,  or  submit  the  same  to  the  people  at  the  next  general 
election  occurring  not  less  than  thirty  days  after  the  date  of  the 
certificate  of  the  mayor.  And  the  official  ballot  to  be  used  at 
such  election  shall  contain  a  printed  copy  of  the  ordinance  and 
the  words  "For  the  Ordinance"  and  "Against  the  Ordinance"  in 
the  manner  provided  by  the  Election  Law  for  the  preparing  of 
ballots  for  voting  upon  constitutional  amendments.  Should  a 
majority  of  the  electors  voting  thereon  at  such  election  vote  for 
the  ordinance,  it  shall  be  passed  and  effective  as  though  it  had 
been  adopted  by  the  board  of  commissioners. 

Section  128.  Candidates  for  elective  offices  provided  for 
in  this  act,  (except  the  school  trustees,  who  shall  be  nominated 
in  the  manner  now  provided  by  law),  shall  be  nominated  only  in 
the  following  manner,  to  wit :  Petitions  nominating  a  candidate 
for  office,  signed  and  acknowledged  or  proved  in  the  manner  in 
which  deeds  are  required  to  be  signed  and  acknowledged  or 
proved,  by  electors  of  the  city  registered  at  the  last  preceding- 
annual  election,  equal  in  number  to  live  hundred,  may  be  filed  in 
the  office  of  the  mayor.  Such  petitions  shall  contain  a  statement 
that  the  signers  have  not  signed  any  other  petition  nominating  a 
person  for  that  office  to  be  voted  upon  at  that  election.  Such 
petitions  must  be  filed  in  said  office  at  the  time  and  in  the  manner 
required  by  the  Election  Law  for  filing  petitions  naming  candi- 
dates for  city  offices  and  must  in  all  respects  conform  to  the  pro- 
visions of  said  law.  The  mayor,  after  having  verified  said  peti- 
tions, shall  certify  the  same  as  provided,  in  section  132  and  shall 
cause  the  name  or  names  of  candidates  nominated  in  such  peti- 
tion to  be  placed  upon  the  official  ballot. 

Section  129.  The  board  of  commissioners  shall  order  a 
special  election  upon  any  question  required  by  this  act  to  be  sub- 
mitted to  the  people  at  a  special  election,  to  be  held  on  the  first 
Tuesday  after  the  first  Monday  of  any  month  which  will  occur 
not  less  than  fifteen  days  nor  more  than  forty-five  days  after 
the  receipt  of  such  petition,  to  pass  upon  such  question. 

45 


At  such  special  election  no  elector  shall  be  allowed  to  vote 
who  was  not  a  registered  voter  at  the  election  held  in  the  pre- 
ceding November.  In  all  other  respects  the  provisions  of  the 
Election  Law  applying  to  general  elections  shall  apply  to  such 
elections,  except  that  no  days  of  registration  shall  be  necessary. 
Notice  of  such  election  shall  be  published  once,  in  the  manner  in 
which  ordinances  are  required  to  be  published,  at  least  ten  days 
preceding  such  election,  and  shall  set  forth  the  questions  to  be 
voted  upon  at  such  election.  And  in  case  any  question  be  submit- 
ted at  the  general  election  like  notice  shall  be  published  at  least 
ten  days  preceding  such  general  election. 

Section  130.  At  all  elections  for  school  trustees,  or  to 
decide  questions  submitted  pursuant  to  provisions  of  section  103 
of  this  act,  the  board  of  commissioners  shall  designate  not  less 
than  five  polling  places;  each  polling  place,  which  may  be  a 
school-house,  shall  be  located  in  one  of  the  election  districts 
whose  residents  vote  thereat;  the  board  shall  designate  at  which 
one  of  these  polling  places  the  residents  of  each  district  may 
vote ;  they  shall  assign  two  inspectors  of  election  from  each  of  the 
two  principal  political  parties  to  preside  at  each  polling  place; 
the  attendance  of  poll  clerks  and  ballot  clerks  shall  not  be  re- 
quired. The  polls  shall  be  open  from  three  o'clock  in  the  after- 
noon until  nine  o'clock  in  the  evening.  In  all  other  respects  the 
provisions  of  law  and  ordinance  applicable  to  general  elections 
shall  apply  to  such  elections,  except  that  previous  registration  of 
voters  shall  not  be  required. 

Section  131.  Candidates  for  elective  offices  mentioned 
in  this  act,  except  the  school  trustees,  shall  be  voted  for  upon 
official  ballots,  separate  from  the  regular  official  ballot,  which 
shall  be  entitled  "Official  Ballot,  City  Officers  of  Mount  Vernon." 
Upon  such  ballot  the  names  of  all  candidates  to  be  voted  for  shall 
be  arranged  alphabetically  according  to  their  sur-names,  fol- 
lowed by  a  blank  space  in  which  the  voter  may  write  any  name 
not  printed  under  such  title ;  and  no  sign,  symbol  or  other  descrip- 
tion whatever  shall  be  placed  upon  the  ballot ;  and  the  circle  ordi- 
narily placed  under  such  sign  or  symbol  shall  be  omitted  there- 
from. Electors  shall  be  required  to  indicate  their  choice  by 
making  a  cross  in  the  square  opposite  the  name  of  the  candidate 
for  whom  it  is  intended  to  vote;  in  all  other  respects  the  ballot 
shall  comply  with  the  provisions  of  the  Election  Law  relating  to 
ballots. 

46 


Section  132.  Upon  receipt  by  the  mayor  of  any  petition 
in  this  title  provided  for,  he  shall  cause  the  names  thereon  to  be 
compared  with  the  registry  of  voters  at  the  last  preceding  annual 
election,  and  verify  the  same  in  other  respects  as  to  matters  pre- 
scribed in  this  title ;  and  shall  within  ten  days  after  receipt  thereof 
by  him  certify  to  the  board  of  commissioners  the  petitions,  par- 
ticularly as  to  the  required  number  of  signatures.  In  the  case  of 
nominating  petitions  he  shall  exclude  the  names  of  electors  sign- 
ing a  petition,  whose  names  appear  upon  petitions  filed  prior 
thereto. 

Section  133.  The  board  of  commissioners  shall  by  ordi- 
nance prescribe  proper  forms  to  be  used  for  all  purposes  referred 
to  in  this  title,  which  forms  shall  be  printed  under  the  direction 
of  the  mayor,  who  shall  furnish  copies  thereof  to  any  elector 
when  requested  so  tod  o. 

TITLE  XIV. 

Of  the  Taking  Effect  of,  or  Amendment  of  this  Act  of 
Repeals,  Etc. 

Section  134.  No  general  city  law  of  this  state  relating  to 
cities,  either  of  a  particular  class  or  of  all  classes,  inconsistent 
with  this  act,  shall  operate  in  the  city,  unless  and  until  the  legis- 
lature shall  so  direct  by  mentioning  the  city  of  Mount  V^ernon. 
by  name  therein. 

Section  135.  When  this  act  takes  effect  as  hereinafter 
provided,  the  following  acts  except  as  herein  continued  are  hereby 
repealed : 

LAWS  OF                                 CHAPTER 
1892 182 

1894 10 

1 894 490 

1895 12 

1895 180 

1895 189 

1895 • 243 

1895 710 

1896 146 

47 


LAWS  OF  CHAPTER 

1896 205 

1896 514 

1896 692 

1896 774 

1898 238 

1898 247 

1900 274 

1900 275 

1900 361 

1900 564 

1 90 1 69 

I9OI 285 

I9OI 329 

1901 473 

1901 474 

1901 ■ 489 

1902 44 

1902..  . 610 

1903 46 

1903 114 

1903 165 

1903 402 

1903- •  •. 448 

1904 128 

1904 349 

1904 695 

1905 85 

1905 86 

1905 87 

1905 114 

1905 176 

1905 255 

1905 374 

1905 473 

1905 561 

48 


LAWS  OF 
1906.  . 
1906.  . 
1906.  . 
1907.. 
1907.. 
1907.. 
1907.. 
1908.. 
1908.  . 
1908.  . 
1908.. 
1908.  . 
1908.. 
1908.. 
1909.. 
1909.. 
1909.. 


CIIAPTKR 

•  •  ■  53 
.  .  .  71 
. . .204 
.  .  .  51 
...165 
• ■ -474 
. . .672 
...  41 
.  .  .115 
..  .117 
.  .  .226 

■  -341 
,  ...  342 

...384 
...  92 
. . .361 
• • -476 


The  following  acts  are  not  repealed  hereby 


LAWS  OF 

.1886.. 
1887.. 
1888.. 
1888.. 
1889.. 
1890. . 
1902. 

1903- • 
1904.. 
1906.. 
1907.. 
1908.. 
1908.. 
1909.. 


CHAPTER 
. . .608 
•  •  -393 


163 
,310 
•    83 

79 
375 
.482 

■459 
■  70 
■436 
■343 
.425 

•552 


49 


vSlctio.n  136.  All  real  estate  owned  in  fee  simple  title, 
or  held  by  lease,  sufferance,  easement  or  otherwise,  all  pub- 
lic buildings,  market  houses,  school  buildings,  school-houses, 
fire  engine  houses,  public  squares,  parks,  streets,  alleys,  and 
all  property  of  whatever  kind,  character  or  description, 
which  has  been  granted,  donated  or  purchased,  or  otherwise 
acquired  by  the  city  through  any  means  or  agency  ;  and  all 
actions,  cases  in  action,  rights  or  privileges  of  any  kind  and 
character,  and  all  property  of  whatsoever  character  or  de- 
scription, which  may  have  been  held  and  is  now  held,  con- 
trolled or  used  by  the  city,  for  public  uses  or  in  trust  for 
the  public,  shall  vest  in,  and  remain  in  and  inure  to,  the 
said  corporation,  the  city  of  Mount  Vernon,  under  this  act  ; 
and  all  suits  and  pending  actions  to  which  the  city  hereto- 
fore was,  or  now  is  a  party,  plaintiff  or  defendant,  shall  in 
no  wise  be  affected  or  terminated  by  the  provisions  of  this 
act,  but  shall  continue  unabated. 

Section  137.  The  mayor  and  the  commissioners  elect- 
ed at  the  annual  election  in  November,  1910,  are  authorized, 
between  the  date  of  their  election  and  January  ist,  191 1,  to 
from  time  to  time  meet  and  adopt  such  ordinances  as  may, 
in  their  opinion,  be  necessary  and  proper  for  carrying  out 
the  provisions  of  this  act,  and  to  enable  said  board  and  its 
members  to  undertake  the  government  of  the  city,  which 
ordinances  shall  take  effect  on  the  ist  day  of  January,  191  i. 
For  that  purpose  only,  their  terms  shall  be  considered  to 
commence  as  soon  as  they  are  elected  ;  but  they  shall  not  be 
entitled  to  any  compensation  for  the  period  prior  to  January 
ist,   191 1. 

vSection  138.  This  act  shall  not  take  effect  unless  it 
is  approved  by  a  majority  of  thd  votes  cast  at  a  special  elec- 
tion to  be  held  within  thirty  days  after  the  bill  has  been 
signed  by  the  Governor,  or  become  effective  without  his 
signature,  provided  that  if  the  thirty  days  expire  between 
the  15th  day  of  June  and  the  15th  day  of  September,  that 
period  be  no  part  of  the  thirty  days.  If  thus  approved,  so 
far  as  it  may  be  necessary  to  elect  officers  or  to  do  any  other 
act  preparatory  to  the  commencement  of  the  operation  of 
the  government  of  the  city  under  the  provisions  of  this  act, 
it  shall  take  effect  immediately  after  the  approval  by  the 
electors  at  said  special  election.  In  all  other  respects  this  act 
shall  take  effect  January  ist,  191 1. 

50 


FREEHOLDERS' 

CHARTER 

AND    AMENDMENTS    THERETO 

I  mwnbuiMiiyimii "iii ■— bbbbiiiim hi  ■  i ii iii] 

CITY  OF  PALO  ALTO 


1911 


FREEHOLDERS' 

CHARTER 

AND     AMENDMENTS    THERETO 

I  I 

CITY  OF  PALO  ALTO 


1911 


ORIGINAL    INCORPORATION 


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By  unanimous  vote  of  the  Board  of  Supervisors  of 
)unty,  at  a  regular  meeting  held  on  the 
3ril,  1894,  Palo  x^lto  was  duly  declared 
)ality  of  the  Sixth  Class  under  the  provi- 
neral  Municipality  Act.  The  boundaries 
oard  of  Supervisors  were  the  same  as 
:1  as  the  boundaries  of  the  Town  of  Palo 
University  Park,  upon  a  map  of  said 
Timothy  Hopkins  in  the  office  of  the 
i  County  of  Santa  Clara  on  the  27th  day 
?8q,  and  recorded  in  Liber  D  of  Maps  at 
ords  of  the  Board  of  Supervisors  of  Santa 


EEHOLDERS    CHARTER 


^.Y  A  Board  of  Fifteen  Freeholders 

md  ratified  by  the  qualified  voters  of  the 
Alto  at  a  special  election  held  on  the  21st 
•,  1909,  adopted  by  the  legislature  Febru- 

In  force  and  efifect  July  ist,  1909. 
ts    thereto    voted    for    and    ratified    at    a 
special  eieciion  held  in  the  City  of  Palo  Alto  on  the  ist 
day    of    February,    191 1.      Adopted    by    the    legislature 
March  24th,  191 1. 


ORIGINAL    INCORPORATION 

By  unanimous  vote  of  the  Board  of  Supervisors  of 
Santa  Clara  County,  at  a  regular  meeting  held  on  the 
1 6th  day  of  April,  1894,  Palo  Alto  was  duly  declared 
to  be  a  Municipality  of  the  Sixth  Class  under  the  provi- 
sions of  the  General  Municipality  Act.  The  boundaries 
fixed  by  the  Board  of  Supervisors  were  the  same  as 
those  designated  as  the  boundaries  of  the  Town  of  Palo 
Alto,  formerly  University  Park,  upon  a  map  of  said 
Town  filed  by  Timothy  Hopkins  in  the  office  of  the 
Recorder  of  the  County  of  Santa  Clara  on  the  27th  day 
of  Februarv;  i88q.  and  recorded  in  Liber  D  of  Maps  at 
page  69. — (Records  of  the  Board  of  Supervisors  of  Santa 
Clara  County). 


FREEHOLDERS    CHARTER 

Prepared  p>y  .\  Board  op  Fifteen  Freeholders 

Voted  for  and  ratified  by  the  qualified  voters  of  the 
Town  of  Palo  Alto  at  a  special  election  held  on  the  21st 
day  of  January,  1909,  adopted  by  the  legislature  Febru- 
ary 20th,  1909.     In  force  and  efifect  July  ist,  1909. 

Amendments  thereto  voted  for  and  ratified  at  a 
special  election  held  in  the  City  of  Palo  Alto  on  the  ist 
day  of  February,  191 1.  Adopted  by  the  legislature 
March  24th,  191 1. 


CHARTER  OF 

THE   CITY  OF   PALO  ALTO 

1909 


Senate  concurrent  resolution  No.  6,  approving  the 
charter  of  the  City  of  Palo  Alto,  State  of  California,  and 
the  additional  proposition  submitted  therewith,  voted  for 
and  ratified  by  the  qualified  voters  of  said  town  of  Palo 
Alto  at  a  special  municipal  election  held  therein  for  that 
purpose  on  the  21st  day  of  January,  1909. 

[Adopted  February  20,   1909.] 

Whereas,  The  town  of  Palo  Alto,  a  municipal  corpor- 
ation of  the  county  of  Santa  Clara,  State  of  California, 
now  is  and  was  at  all  the  times  herein  referred  to  a  city 
containing  a  population  of  more  than  three  thousand 
five  hundred  inhabitants ;  and 

^^^lereas,  At  a  special  municipal  election  duly  held 
in  said  town  on  the  24th  day  of  August,  A.  D.  1908, 
under  and  in  accordance  with  the  laws  and  with  the  pro- 
visions of  section  eight  of  article  eleven  of  the  Con- 
stitution of  the  said  State  of  California,  a  board  of 
fifteen  freeholders,  duly  qualified,  was  elected  in  and  by 
said  town,  by  the  qualified  electors  thereof,  to  prepare 
and  propose  a  charter  for  the  government  of  said  city ; 
and 

Whereas,  Said  board  of  freeholders  did,  in  accord- 
ance with  law,  and  within  ninety  days  after  said  election, 
prepare  and  propose  a  charter  for  the  government  of  the 
said  City  of  Palo  xMto,  and 

\\  hereas.  Said  board  of  freeholders  did,  at  the  same 
time  and  place  prepare  and  propose  with  said  proposed 
charter  the  following  additional  proposition  I,  article  X, 
alcoholic  liquors;     and 

Whereas,  The  said  proposed  charter  and  the  said 
additional  proposition  were,  on  the  20th  day  of  Novem-- 
ber,  A.  D.  1908,  signed  in  duplicate  by  the  members  of 


6  THE   CITY   OF   PALO   ALTO 

said  board  of  freeholders,  and  one  copy  thereof  was,  on 
the  2ist  day  of  November,  A.  D.  igo8,  duly  returned  and 
filed  with  the  president  of  the  board  of  town  trustees  of 
the  town  of  Palo  Alto,  and  the  other  copy  thereof  was 
duly  returned  and  filed  with  and  in  the  office  of  the 
county  recorder  of  said  county  of  Santa  Clara ;   and    • 

Wheras,  Such  proposed  charter  and  said  additional 
proposition  were  thereafter  published  in  the  Palo  Alto 
Daily  Times,  a  daily  newspaper  of  general  circulation 
in  said  town  of  Palo  Alto,  for  a  period  of  twenty  days 
and  more,  the  first  publication  thereof  having  been  made 
within  twenty  days  after  the  completion  of  said  proposed 
charter  and  said  additional  proposition ;    and 

Whereas,  Said  proposed  charter,  and  said  additional 
proposition  were  within  thirty  days  after  the  completion 
of  said  publication,  submitted  by  the  board"  of  town  trus- 
tees of  the  town  of  Palo  Alto,  to  the  qualified  voters  of 
said  town  at  a  special  municipal  election  previously  duly 
called  and  therein  held  on  the  21st  day  of  January,  1909; 
and 

Whereas,  At  said  last  mentioned  special  municipal 
election  a  majority  of  said  qualified  electors  of  said  town 
voting  at  such  special  municipal  election,  voted  for  and  in 
favor  of  the  ratification  of  such  proposed  charter  as  pro- 
posed as  a  whole,  and  also  voted  in  favor  of  the  ratifi- 
cation of  the  said  additional  proposition;  and 

Whereas,  Said  board  of  town  trustees  of  the  town 
of  Palo  Alto,  after  canvassing  said  returns,  duly  found 
and  ceclaied  that  the  majority  of  said  qualified  electors 
voting  at  such  special  municipal  election  had  voted  for 
ratifying  said  proposed  charter  and  had  voted  in  favoi 
of  and  for  ratifying  said  additional  proposition ;    and 

Whereas,  The  same  is  now  submitted  to  the  legisla- 
ture of  the  State  of  California  for  its  approval  and  ratifi- 
cation as  a  whole  without  power  of  alteration  or  amend- 
ment, in  accordance  with  section  eight  of  article  eleven 
of  the  constitution  of  the  State  of  California;    and 

Whereas,  Said  proposed  charter  and  said  additional 
proposition  are  in  the  words  and  figures  following,  to  wit : 


CHARTER  PREPARED  AND  PROPOSED  FOR 
THE  CITY  OF  PALO  ALTO  BY  THE  BOARD 
OF  FREEHOLDERS,  ELECTED  ON  THE 
TWENTY-FOURTH  DAY  OF  AUGUST,  A.  D. 
1908. 


Charter  of  the  City  of  Palo  Alto 

Article  I 
BOUNDARIES    OF    THE    CITY 

The  boundaries  of  the  City  of  Palo  Aho  shall  be  as 
follows : 

All  that  certain  land  situated  in  the  county  of  Santa 
Clara,  State  of  California,  included  in  the  townsite  map 
of  the  town  of  Palo  Alto  (formerly  University  Park)  as 
laid  down  and  designated  upon  a  map  of  said  town  filed 
by  Timothy  Hopkins  on  the  27th  day  of  February,  A.  D. 
1889,  in  the  office  of  the  county  recorder  of  said  Santa 
Clara  county,  in  book  "D"  of  maps,  page  69,  and  the  pro- 
posed boundaries  of  the  said  municipal  corporation  are 
the  boundaries  of  the  said  University  Park  (now  Palo 
Alto)  as  set  forth  and  particularly  described  upon  said 
map,  to  wit : 

Commencing  at  the  point  of  intersection  of  the  center 
line  of  the  San  Francisquito  creek  with  the  northeasterly 
line  of  the  right  of  way  of  the  Southern  Pacific  Railroad  ; 
thence  southeasterly  along  said  northeasterly  line  of  said 
right  of  way  of  the  Southern  Pacific  Railroad  to  the 
northwesterly  line  of  the  Embarcadero  road ;  thence 
northeasterly  along  said  line  of  the  Embarcadero  road 
to  the  easterly  line  of  block  number  one  hundred  eight 
(108)  as  designated  upon  said  map;  thence  northerly 
along  said  easterly  line  of  said  block  number  108  and  the 
easterly  line  of  block  number  109  as  laid  down  upon  said 
map  to  the  northerly  line  of  block  number  109;  thence 
westerly  along  the  northerly  line  of  blocks  numbers  109. 
106,  105,  102  and  loi  as  laid  down  on  said  map  to  a  point 
on  the  said  northerly  boundary  line  of  block  loi,  being 
upon  an  extension  southerly  of  the  easterly  lines  of  blocks 
numbers  96  and  97  as  laid  down  upon  said  map ;  thence" 
northerly  along  the  easterly  lines  of  blocks  numbers  97 


and  96  aforesaid  to  the  northerly  line  of  a  road  (now 
known,  as  Channing  lane)  ;  thence  westerly  along  the 
northerly  line  of  said  road  as  laid  down  on  said  map  and 
parallel  to  the  northerly  lines  of  blocks  numbers  95  and 
87  to  the  northeasterly  line  of  Guinda  street  as  laid  down 
on  said  map ;  thence  along  said  line  of  Guinda  street 
northwesterly  to  the  easterly  line  of  block  number  83  as 
laid  down  on  said  map ;  thence  northerly  along  the  east- 
erly lines  of  blocks  numbers  83,  84,  85  and  letters  "H" 
and  "G"  as  laid  down  on  said  map  to  the  center  line  of 
the  San  Francisquito  creek ;  thence  southwesterly  mean- 
dering the  center  line  of  said  creek  to  the  point  of  com- 
mencement. 

Sec.  2.  The  boundaries  above  described  may  be  al- 
tered, and  the  territory  embraced  therein  may  be  added 
to  or  diminished  in  accordance  with  the  laws  of  the  State 
of  California  governino-  the  annexation  and  exclusion  ot 
territory  by  municipalities. 


Article    II 

POWERS 

The  City  of  Palo  Alto  shall  have  and  exercise  the 
following  powers : 

1.  To  have  perpetual  succession. 

2.  To  have  and  use  a  corporate  seal  and  alter  it  at 
pleasure. 

3.  To  sue  and  to  be  sued  in  all  courts  and  places,  and 
ill  all  actions  and  proceedings  whatsoever. 

4.  To  purchase,  receive,  have,  take,  hold,  lease,  use 
and  enjoy  property  of  every  kind  and  description,  both 
within  and  without  the  limits  of  said  City,  and  to  control 
and  dispose  of  the  same  for  the  public  benefit. 

5.  To  receive  bequests,  devises,  and  donations  of 
property  of  every  kind,  either  absolutely  or  in  trust  for 
any  purpose,  and  to  do  all  acts  necessary  to  carry  out 
the  purposes  of  such  bequests,  devises  and  donations,  and 
to  manage,  control,  sell  or  otherwise  dispose  of  such 
property  in  accordance  with  the  terms  of  such  bequests, 
devises  or  donations. 

6.  To  exercise  police  powers  and  make  all  necessary 
police  and  sanitary  regulations,  and  to  adopt  ordinances 
and  prescribe  penalties  for  the  violation  thereof. 

7.  To  levy  and  collect  taxes  and  assessments,  impose 
license  fees  for  revenue  or  regulation,  and  provide  all 
means  for  raising  the  revenue  necessary  for  the  City. 


8.  To  borrow  money,  incur  nuniicipal  indebtedness 
and  provide  for  the  issuance  of  bonds  or  other  evidences 
of  such  indebtedness. 

9.  To  acquire,  construct,  maintain  and  operate  all 
necessary  works  for  the  supplying-  of  the  City  and  its 
inhabitants  with  water,  light,  heat,  power,  telegraphic 
and  telephonic  communication,  and  for  the  conveyance  of 
passengers  and  freight  over,  under  and  upon  public 
streets  and  rights  of  way  secured  therefor ;  to  fix  rates 
for  all  commodities  furnished  or  services  rendered,  and 
to  dispose  of  commodities  produced  or  render  service  in 
connection  with  such  works  outside  of  the  boundaries 
of  said  City. 

10.  To  improve  the  rivers,  streams,  bays,  inlets  and 
channels  flowing  through  the  City  or  adjoining  the  same  ; 
to  widen,  straighten  and  deepen  the  channels  thereof, 
and  remove  obstructions  therefrom  ;  to  control  and  im- 
prove the  water  front  of  the  city ;  to  construct  and  main- 
tain embankments  and  other  works  to  protect  the  City 
from  overflow ;  and  to  acquire,  own,  construct,  maintain, 
and  operate  on  any  lands  bordering  on  any  navigable 
bay,  inlet,  river,  creek,  slough  or  arm  of  the  sea,  within 
the  limits  of  the  City  or  contiguous  thereto,  wharves, 
chutes,  piers,  breakw^aters,  bath  houses  and  life  saving 
stations. 

11.  To  establish  and  change  the  grade  and  lay  out, 
open,  extend,  widen,  change,  vacate,  pave,  re-pave,  or 
otherwise  improve  all  public  streets  and  highways  and 
public  places,  construct  sewers,  drains  and  culverts,  to 
plant  trees,  construct  parking,  and  to  remove  shrubs  and 
w^eeds  ;  to  levy  special  assessments  to  defray  the  whole  or 
any  part  of  the  cost  of  such  works  or  improvements. 
Also  to  provide  for  the  repair,  cleaning  and  sprinkling 
of  such  streets  and  public  places. 

12.  To  acquire,  construct  and  maintain  all  works 
necessary  for  the  disposition  of  sewage,  garbage  and 
waste  ;  and  to  define  and  abate  nuisances. 

13.  To  establish  and  maintain  hospitals,  indigent 
homes,  and  all  other  charitable  institutions. 

14.  To  acquire  and  maintain  parks,  play-grounds, 
theaters,  and  places  for  recreation,  and  to  establish  boule- 
vards  and   regulate  traffic   thereon. 

15.  To  acquire  and  maintain  markets,  baths,  and 
])ublic   halls. 

16.  To  establish  and  maintain  schools,  liln-aries, 
museums,  gymnasiums,  and  to  do  all  things  to  promote 
the  education  of  the  people. 


lO  THE   CITY   OF   PALO  ALTO 

17.  To  equip  and  maintain  a  fire  department  and  to 
make  all  necessary  regulations  for  the  prevention  of  fires. 

18.  To  acquire,  construct  and  maintain  all  buildings 
necessary  for  the  transaction  of  public  business. 

19.  To  exercise  the  right  of  eminent  domain  for  the 
purpose  of  acquiring  real  and  personal  property  of  every 
kind  for  any  public  use. 

20.  To  grant  permits  to  use  the  streets  or  public 
property,  revokable  at  any  time  without  notice. 

21.  To  regulate  and  establish  rates  and  charges  to  be 
imposed  and  collected  by  any  person  or  corporation  for 
commodities  or  services  rendered  under  or  in  connection 
with  any  franchise,  permit  or  license  heretofore  or  here- 
after granted  by  the  town  or  city  or  other  authority. 

22.  To  exercise  such  other  powers  as  are  now  or 
may  be  hereafter  granted  by  the  legislature  to  the  munici- 
palities within  the  state  unless  the  exercise  of  such  powers 
is  contrary  to  the  provisions  of  this  charter. 

23.  To  exercise  all  other  needful  powers  for  the  effi- 
cient adminstration  of  the  municipal  government,  whether 
such  powers  are  herein  expressly  enumerated  or  not. 

24.  Lastly,  this  grant  of  power  is  to  be  liberally  con- 
strued for  the  purpose  of  securing  the  well  being  of  the 
municipality  and  its  inhabitants. 


Article  III 
COUNCIL 

Sec.  I.  All  powers  herein  granted  to  and  vested  in 
the  City  of  Palo  Alto  shall,  except  as  herein  otherwise 
provided,  be  exercised  by  a  council  to  be  designated  the 
Council  of  the  City  of  Palo  Alto ;  and  said  council  shall, 
except  as  herein  otherwise  provided,  have  the  power  to 
fix  and  establish  the  method  and  manner  in  which  such 
powers  shall  be  exercised. 

Sec.  2,  Said  council  shall  be  composed  of  15  mem- 
bers, each  of  whom  shall  have  been  an  elector  of  the  City 
of  Palo  Alto  for  at  least  three  years  next  preceding  his 
election. 

The  members  of  said  council  shall  be  known  as  coun- 
cilmen,  and  their  terms  of  office  shall  be  six  years,  com- 
mencing on  the  first  day  of  July  next  succeeding  their 
election,  except  that  the  terms  of  those  first  elected  and 
designated  to  serve  as  councilmen  shall  be  as  herein  pro- 
vided. 


Skc.  3.  On  the  second  IMonday  of  May,  1909,  an 
election  shall  be  held  within  said  City  for  the  purpose  of 
electing  15  members  of  said  council. 

The  15  members  elected  at  such  election  shall,  at  the 
first  regular  meeting  in  July,  1909,  so  classify  themselves 
by  lot  that  five  of  said  members  shall  hold  office  for  the 
term  of  two  years  ;  five  for  the  term  of  four  years,  and  five 
for  the  term  of  six  years. 

Thereafter  on  the  second  Monday  in  May  of  each  odd 
numbered  year,  an  election  shall  be  held  at  which  coun- 
cilmen  shall  be  elected  to  succeed  the  members  whose 
terms  expire  on  the  first  day  of  July  next  following. 

SiiC.  4.  All  elections  called  and  held  in  said  City, 
shall  be  held  and  conducted  in  manner  and  form  as  re- 
quired by  the  general  laws  of  the  state  governing  elections 
within  municipalities,  provided,  that  after  the  first  election 
the  council  nay  provide  that  said  elections  may  be  held 
in  such  manner  as  said  council  may  by  ordinance  deter- 
mine, or  as  may  be  provided  by  an  ordinance  adopted  by 
the  electors  of  said  City  as  hereinafter  provided. 

Sf.c.  5.  Said  council  shall  fix  a  time  and  place  for 
its  regular  meetings  and  adopt  rules  to  govern  its  pro- 
ceedings. 

Sec.  6.  Eight  members  of  the  council  shall  be  neces- 
sary to  constitute  a  quorum  for  the  transaction  of  busi- 
ness;  but  a  less  number  may  adjourn  from  time  to  time 
and  compel  the  attendance  of  absent  members,  and  impose 
such  fines  as  it  may  deem  proper  upon  members  refusing 
or  neglecting  to  attend  such  meetings. 

Sec.  7.  No  ordinance  shall  be  passed,  no  appoint- 
ment made,  nor  officer  removed,  no  contract  shall  be 
awarded  and  no  obligation  incurred  in  excess  of  three 
hundred  dollars  ($300.00')  without  the  affirmative  vote 
of  at  least  eight  members  of  the  council. 

Sec.  8.  Said  council  shall  elect  one  of  its  number 
as  its  presiding  officer,  who  shall  be  known  as  mayor,  and 
who  shall  serve  for  one  yeir  after  his  election. 

The  said  mayor  shall  preside  at  all  meetings  of  the 
council,  shall  be  the  chief  executive  of  the  said  City,  and 
perform  such  other  duties  as  may  from  time  to  time  be 
assigned  to  him  by  the  council.  In  all  other  respects  he 
shall  exercise  the  same  duties  as  any  other  member  of  the 
council. 

Sec.  9.  The  council  shall  appoint  or  provide  for  the 
appointment  of  a  clerk,  treasurer,  auditor,  tax  collector, 
assessor,  attorney,  and  except  as  otherwise  provided, 
such  other  officers  as  may  be  necessary  for  the  trans- 
action of  the  aft'airs  of  the  municipality. 


12  THE    CITV    OF    PALO   ALTO 

Sec.  io.  A  vacancy  in  the  council  shall  be  filled  by 
the  remaining-  members  of  the  council,  and  the  appointee 
shall  hold  office  until  the  first  day  of  July  succeeding  the 
next  election  at  which  councilmen  are  to  be  elected.  At 
the  next  election  succeeding  any  vacancy  a  councilman 
shall  be  elected  to  serve  for  the  unexpired  term. 

Sec.  II.  The  council  shall  by  ordinance  provide  for 
the  assessment,  levy  and  collection  of  taxes,  and  shall  act 
as  a  board  of  equalization  in  equalizing  the  value  of  pro- 
perty listed  upon  the  assessment  roll.  During  the  month 
of  September  in  each  year,  it  shall  levy  such  tax  as  may 
be  necessary  to  raise  revenue  for  the  maintenance  of  the 
City  and  the  several  departments  during  the  fiscal  year, 
but  such  tax  levy,  for  all  municipal  purposes,  except  the 
payment  of  interest  and  principal  on  the  bonded  debt, 
shall  not  oceed  the  sum  of  85  cents  upon  each  $100.00 
of  assesse  1  valuation  as  the  same  appears  upon  the  assess- 
nT-.nt  roll.  If  in  the  judgment  of  the  council  it  should  be 
necessary  to  provide  a  revenue  in  excess  of  the  sum 
realized  from  the  levy  herein  provided,  the  question  of  the 
levy  of  an  additional  tax  shall  be  submitted  to  the  electors, 
and  a  special  election  may  be  held  for  that  purpose.  The 
additional  sum  or  rate  required  to  be  raised  by  such  ad- 
ditional tax  levy  shall  be  expressed  upon  the  ballot.  If  a 
majority  of  the  votes  cast  upon  such  proposition  shall 
be  in  favor  of  authorizing  the  council  to  levy  such  ad- 
ditional rate,  then  the  council  may  levy  the  additional  tax 
so  authorized. 

Sec.  12.  The  council  shall  annually  appropriate  for 
the  use  of  the  several  offices  and  departments,  such  sums 
as  may  be  necessary  to  support  the  same  during  each  year. 
Additional  appropriations  may  be  made  from  time  to  time 
in  case  of  urgent  necessity,  by  a  vote  of  two-thirds  of  the 
members  of  the  council. 


Article    IV 

DUTIES  OF  OFFICERS 

Sec.  I.  Clerk. — It  shall  be  the  duty  of  the  clerk  to 
keep  a  true  record  of  the  proceedings  of  the  council  and 
of  the  several  boards  established  by  this  charter  and 
record  the  same  in  proper  books  kept  for  that  purpose. 
He  shall  have  power  to  administer  oaths  in  connection 
with  all  matters  relating  to  the  municipality. 


CHARTKR  13 

Si-:c.  2.  Auditor. — It  shall  be  the  duty  of  the  auditor 
to  act  as  bookkeeper  and  accountant  of  the  municipality 
and  to  record  all  financial  transactions  in  books  kept  for 
that  purpose.  He  shall  draw  warrants  upon  the  treasurer 
for  all  claims  against  the  City  which  have  been  allowed 
by  the  council  and  the  several  department  boards.  He 
shall  render  each  month  a  statement  to  the  council  show- 
ing the  financial  condition  of  the  City,  and  annually  a 
like  statement  covering  all  of  the  financial  transactions  of 
the  City  during  the  year  previous. 

Sec.  3.  Tax  Collector. — It  shall  be  the  duty  of  the 
tax  collector  to  receive  and  collect  all  sums  due  the  City 
for  taxes  and  licenses  and  from  other  sources,  and  he 
shall  pay  all  moneys  received  into  the  treasury  of  the 
City,  within  three  days  after  the  receipt  thereof. 

Sec.  4.  Treasurer. — The  treasurer  shall  receive  and 
safely  keep  all  moneys  belonging  to  the  City  and  shall  pay 
the  same  only  upon  warrants  drawn  by  the  auditor  for 
claims  which  have  been  previously  allowed  either  by  the 
council  or  the  several  department  boards,  provided  that 
the  approval  of  the  council  or  department  boards  shall  not 
be  necessary  to  pay  the  monthly  salaries  of  officers  and 
employees.  The  treasurer  may  deposit  all  or  such  por- 
tion of  the  public  moneys  as  may  be  determined  by  the 
council  in  any  bank  within  the  City  authorized  by  law  to 
receive  deposits  of  public  money,  in  accordance  with  the 
provisions  of  the  constitution  and  act  of  the  legislature 
entitled :  "An  act  to  provide  for  and  regulate  the  deposit 
of  county  and  municipal  moneys  in  banks  and  banking- 
corporations,  limiting  the  amount  of  public  moneys  that 
may  be  deposited  therein  and  providing  a  penalty  for  the 
illegal  deposit  and  use  thereof."  (Approved  March  23, 
1907).  And  the  provisions  of  such  act,  except  as  herein 
otherwise  provided,  are  hereby  made  applicable  to  the 
government  of  the  City  of  Palo  Alto. 

Sec.  5.  Assessor. — It  shall  be  the  duty  of  the  assessor 
to  make  annually,  between  the  first  ]\Ionday  of  March  and 
the  first  day  of  July  next  succeeding,  a  complete  assess- 
ment of  all  property  within  the  City,  and  shall  upon  said 
last  named  date  turn  over  to  the  City  council  the  assess- 
ment roll  so  prepared  by  him.  He  shall  act  as  tax  collector 
for  the  purpose  of  collecting  taxes  upon  personal  property 
when  the  same  are  unsecured  by  a  lien  upon  real  estate. 

Sec.  6.  Attorney. — The  attorney  shall  act  as  the  legal 
advisor  of  the  council,  the  several  boards,  and  any  officef 
of  the  City  who  requests  his  advice.  He  shall  prepare  all 
ordinances  and  contracts  whenever  required  so  to  do  by 


14  THE   CITY   OF   PALO   ALTO 

the  council  or  the  several  department  boards.  He  shall 
prosecute  all  violators  of  the  City  ordinances  and  shall 
represent  the  City  in  all  actions  at  law^. 

Sec.  7.  The  council  may  require  any  of  the  above 
officers  to  give  official  bonds  in  such  sums  as  it  may  deem 
proper,  and  the  council  shall  pay  all  premiums  upon 
surety  bonds  when  such  bonds  are  given.  It  may  pro- 
vide for  the  appointment  of  such  deputies  and  assistants 
as  may  be  required,  and  shall  fix  the  compensation  of  such 
officers  and  such  deputies  and  assistants.  All  of  the 
above  officers  shall  perform  such  other  services  as  the 
council  may  require,  and  shall  serve  during  its  pleasure. 

Sec.  8.  Whenever  the  public  interest  may  require, 
the  council  may  consolidate  the  following  offices : 

(a)    Clerk  and  auditor  ; 

(  b )    Clerk  and  tax  collector  ; 

( c  )   Clerk  and  assessor ; 

(d)  Clerk,  auditor  and  assessor; 

(e)  Auditor  and  assessor; 

(/)   Auditor  and  tax  collector; 
(g)   Assessor  and  tax  collector; 
(h)   Treasurer  and  tax  collector. 

Until  the  council  shall  by  ordinance  otherwise  pro- 
vide, the  following  offices  are  hereby  consolidated : 

(a)  Clerk,  auditor  and  assessor; 

(b)  Tax  collector  and  treasurer. 


Article  V 

THE  SEVERAL  DEPARTMENTS 

Sec.    I.     The    administration    of   the    affairs    of   the 
City  shall  be  divided  among  three  departments,  viz : 
(T )   The  department  of  public  works ; 

(2)  The  department  of  public  safety ; 

(3)  The   department   of   public   library. 

BOARD  OF  PUBLIC  WORKS 

Sec.  2,  The  department  of  public  works  shall  be 
under  the  management  and  control  of  a  board  of  public 
works,  which  shall  consist  of  three  members,  to  be 
appointed  by  the  council.  They  shall  serve  for  the  term 
of  six  years  from  and  after  their  appointment  unless 
sooner  removed  by  a  majority  of  said  council ;  provided, 


CHARTER  15 

that  the  members  tirst  appointed  shall  classif}-  themselves 
by  lot  so  that  the  terms  of  the  members  shall  expire, 
respectively,  two,  four  and  six  years  after  their  appoint- 
ment. \"acancies  are  to  be  filled  by  the  council  for  the 
unexpired  terms.  The  members  of  the  board  of  public 
works  shall  receive  no  compensation.  The  board  of 
public  works  shall  have  and  exercise  the  powers  and  per- 
form the  duties  herein  enumerated,  to  wit : 

1.  To  construct,  maintain  and  operate  all  necessary 
works  for  the  supplying  of  the  City  and  its  inhabitants 
with  water,  light,  heat,  power,  telegraphic  and  telephonic 
communication,  and  for  the  conveyance  of  passengers 
and  freight  over,  under  and  upon  the  public  streets  and 
rights  of  way  secured  therefor ;  to  fix  rates  for  all  com- 
modities furnished  or  services  rendered,  and  to  dispose  of 
commodities  produced  or  render  service  in  connection 
with  such  works  outside  of  the  boundaries  of  said  City. 

2.  To  improve  the  rivers,  streams,  bays,  inlets  and 
channels  flowing  through  the  city  or  adjoining  the  same ; 
to  widen,  straighten  and  deepen  the  channels  thereof,  and 
remove  obstructions  therefrom ;  to  control  and  improve 
the  water  front  of  the  City;  to  construct  and  maintain 
embankments  and  other  works  to  protect  the  City  from 
overflow ;  to  construct,  maintain  and  operate  on  any  lands 
bordering  on  any  navigable  bay,  inlet,  river,  creek,  slough 
or  arm  of  the  sea,  within  the  limits  of  the  City  or  contigu- 
ous thereto,  wharves,  chutes,  piers,  breakwaters,  bath 
houses  and  life  saving  stations. 

3.  To  establish  and  change  the  grade  and  to  lay  out, 
open,  extend,  widen,  change,  vacate,  pave,  re-pave,  or 
otherwise  improve  all  public  streets  and  highways  and 
public  places,  to  construct  sewers,  drains,  culverts  thereon, 
to  plant  trees,  construct  parking  and  remove  shrubs  and 
weeds.  Also  to  provide  for  the  repair,  cleaning  and 
sprinkling  of  such  streets  and  public  places. 

4.  To  construct  and  maintain  all  works  necessary  for 
the  disposition  of  sewage,  garbage  and  waste. 

5.  To  establish  and  maintain  hospitals,  indigent  homes 
and  all  other  charitable  institutions. 

6.  To  maintain  parks,  playgrounds,  theaters  and 
places  for  recreation,  and  to  establish  boulevards  and 
regulate  traffic  thereon. 

7.  To  construct  and  maintain  markets,  baths  and 
public  buildings  other  than  school  and  library  buildings. 

Sec.  3.  Whenever  any  street  work  or  other  improve- 
ment is  to  be  done  or  performed  and  the  cost  of  the  whole 
or   any   portion    thereof   is   to   be   paid   by   any   special 


l6  THE   CITY   OF   PALO  ALTO 

assessment  levied  upon  property,  all  such  proceedings 
shall  be  had  and  carried  on  by  the  council  upon  the 
recommendation  of  the  board  of  public  works. 

Sec.  4.  The  board  of  public  works  shall  appoint  as 
its  executive  officer  a  competent  engineer,  and  upon  the 
latter's  recommendations  such  other  employees  as  are 
necessary  to  supervise,  manage  and  construct,  operate 
and  maintain  the  properties  and  things  under  the  con- 
trol of  said  board,  and  shall  fix  the  compensation  for  all 
employees. 

The  engineer  so  appointed  shall  be  the  City  engineer 
and  street  superintendent,  and  shall,  in  addition  to  his 
other  duties, — 

1.  Advise  the  council  and  the  several  department 
boards  upon  all  matters  of  an  engineering  nature. 

2.  Supervise  the  construction  and  have  charge  of  ad- 
ditions and  repairs  of  all  public  buildings  irrespective  of 
departments. 

Sec.  5.  Board  of  piiblic  safety. — The  department  of 
public  safety  shall  be  under  the  management  and  control 
of  a  board  of  public  safety,  which  shall  consist  of  three 
members,  to  be  appointed  by  the  council.  They  shall  serve 
for  the  term  of  six  years  from  and  after  their  appointment 
unless  sooner  removed  by  a  majority  of  said  council; 
provided,  that  the  members  first  appointed  shall  classify 
themselves  by  lot  so  that  the  terms  of  the  members  shall 
expire  respectively  two,  four  and  six  years  after  their 
appointment.  Vacancies  are  to  be  filled  by  the  council  for 
unexpired  terms.  Members  of  the  board  of  public  safety 
shall  receive  no  compensation. 

Sec.  6.  The  board  of  public  safety  shall  have  and 
exercise  the  powers  and  perform  the  duties  herein  en- 
umerated, to  wit : 

1.  To  enforce  all  police  and  sanitary  ordinances  and 
regulations  adopted  by  the  council. 

2.  To  have  charge  of  the  police  department. 

3.  To  maintain  and  have  charge  of  the  fire  depart- 
ment and  provide  rules  for  its  government ;  to  establish 
all  needful  regulations  necessary  to  preserve  the  health  of 
the  City,  and  to  exercise  the  powers  and  perform  the 
duties  of  boards  of  health  as  prescribed  by  the  laws  of 
the  State  of  California. 

4.  To  establish  and  maintain  a  public  pound. 

5.  It  shall  appoint  such  officers  and  employees  as 
may  he  necessary,  determine  their  duties  and  fix  their 
compensation. 

Sec.  7.     Library   board. — The   department  of  public 


CHARTER  17 

library  shall  be  under  the  management  and  control  of  a 
library  board,  which  shall  consist  of  three  members,  to 
be  appointed  by  the  council.  They  shall  serve  for  the 
term  of  six  years  from  and  after  their  appointment,  unless 
sooner  ren:oved  by  a  majority  of  said  council ;  provided, 
that  the  members  first  appointed  shall  classify  themselves 
by  lot  so  that  the  terms  of  the  members  shall  expire 
respectively  two,  four  and  six  years  after  their  appoint- 
ment. Vacancies  are  to  Le  filled  by  the  council  for  unex- 
■pired  terms.  Members  of  the  library  board  shall  receive 
no  compensation.  The  library  board  shall  have  and  exer- 
cise the  powers  and  shall  perform  the  duties  herein  en- 
umerated,  to   wit : 

1.  To  manage  and  control  public  libraries,  reading 
rooms,  museums  and  art  galleries  that  are  now  or  may 
hereafter  be  established,  to  maintain  buildings  necessary 
for  the  purposes  above  set  forth. 

2.  To  employ  librarians,  assistants,  and  such  other 
employees  as  may  be  deemed  necessary. 

Sec.  8.  All  of  the  above  boards  shall  have  authority 
to  make  all  contracts  necessary  for  the  full  exercise  of 
the  powers  respectively  conferred,  but  shall  have  no 
authority  to  incur  a  debt  or  obligation  in  excess  of  any 
fund  or  appropriation  made  by  the  council. 

Sec.  9.  Said  boards  shall  perform  all  other  duties 
assigned  to  them  by  the  council,  whether  such  duties  are 
herein  expressly  enumerated  or  not. 

Sec.  10.  In  case  the  council  shall  for  a  period  of 
tjyenty  days  fail  to  appoint  the  boards  provided  for  in  this 
article,  or  any  member  thereof,  then  it  shall  be  the  duty 
of  the  mayor  to  make  such  appointment. 


Article   \^I 

BOARD  OF  EDUCATION 

Sec.  I.  The  school  department  of  the  City  of  Palo 
Alto  shall  comprise  all  the  schools  within  the  town  of 
Palo  Alto,  the  Palo  Alto  school  district,  and  all  the  terri- 
tory that  is  now  or  may  hereafter  be  annexed  for  school 
purposes  ;  and  shall  consist  of  primary,  grammar,  and  high 
schools  as  now  established  and  such  other  schools  as  may 
hereafter  te  established,  under  the  provisions  of  this 
charter;  and  shall  be  known  as  "Palo  Alto  City  School 
District,"  which  shall  succeed  to  all  the  obligations,  prop- 
erty rights,  and  privileges  of  the  Palo  Alto  school  district. 


1 8  THE    CITY    OF    PALO   ALTO 

Sec.  2  All  territory  included  within  the  limits  of  the 
Palo  Alto  City  school  district,  but  not  within  the  City 
limits,  shall  be  deemed  a  part  of  said  City  for  the  purpose 
of  holding  the  general  numicipal  elections  and  shall  con- 
stitute one  or  more  separate  election  precincts,  and  the 
qualified  electors  therein  shall  vote  only  for  the  board  of 
education  and  on  questions  submitted  to  a  vote  of  the 
people  pertaining  to  school  matters ;  and  said  outside 
territory  shall  be  deemed  a  part  of  said  City  for  all  matters 
connected  with  the  school  department  and  with  the  levy- 
ing and  collecting  of  all  taxes  for  school  purposes. 

Sec.  3.  The  board  of  education  shall  consist  of  five 
members,  who  shall  have  been  residents  of  the  school 
district  for  at  least  three  years  immediately  preceding 
their  election,  and  who  shall  serve  without  compensation ; 
provided,  the  board  of  trustees  of  the  Palo  Alto  school 
district  shall  be  and  constitute  the  board  of  education 
herein  provided  for  and  shall  exercise  the  powers  hereby 
conferred  thereon  until  the  election  of  their  successors  at 
the  election  provided  for  in  section  4  of  this  article. 

Sec.  4.  The  board  of  trustees  of  Palo  Alto  school 
district  shall  order  and  provide  for  an  election  to  be  held 
in  said  district  on  the  third  Saturday  of  April  in  the  year 
1509,  for  the  election  of  a  board  of  education.  The  mem- 
bers so  elected  shall  classify  themselves  by  lot  so  that  the 
terms  of  the  members  shall  expire  respectively  one,  two, 
three,  four  and  five  years  after  the  first  day  of  May,  1909. 

Sec.  5.  The  term  of  office  of  the  members  of  the 
board  of  education,  excepting  as  provided  in  section  4 
of  this  article,  shall  be  five  years  from  and  after  the  first 
day  of  ]\Iay  succeeding  their  election. 

Sec.  6.  An  election  shall  be  held  on  the  third  Satur- 
day of  April,  1910,  and  on  the  third  Saturday  of  April 
of  each  year  thereafter  for  the  election  of  a  member  of 
said  board  for  the  full  term  and  for  any  unexpired  term 
that  may  exist. 

Sec.  7.  Said  board  of  education  shall  have  and  exer- 
cise all  the  powers  conferred  upon  boards  of  trustees  and 
boards  of  education  by  the  laws  of  the  State  of  California, 
and  in  addition  thereto  shall  have  power : 

1.  To  annually  appoint  a  superintendent  of  schools, 
defi:ie  his  duties  and  fix  his  compensation. 

2.  To  provide  a  system  of  tenure  of  employment  and 
compensation  of  teachers,  but  teachers  shall  be  liable  to 
removal  at  any  time  when  the  welfare  of  the  schools 
demands  such  removal. 


CHARTER  19 

3.  To  provide  for  the  establishment  of  kindergartens, 
manual  training  schools,  night  schools,  technical  schools, 
and  to  prescribe  the  studies  to  be  taught  therein. 

4.  To  construct  school  buildings  when  necessary,  and 
no  special  election  need  be  held  to  authorize  such  con- 
struction. 

5.  To  provide  free  text-books  when  authorized  so  to 
do  by  the  electors  voting  on  such  proposition. 

6.  To  prescribe  the  requirements  for  graduation  from 
the  public  schools  and  issue  certificates  of  graduation. 

7.  To  provide  the  manner  in  which  all  elections  shall 
be  held  and  conducted  for  the  election  of  members  of  said 
board  and  such  special  elections  as  may  be  authorized 
by  law. 

8.  To  receive  bequests,  devises  and  donations  of  prop- 
erty of  every  kind,  either  absolutely  or  in  trust  for  any 
purpose,  and  to  manage,  hold  or  dispose  of  such  property 
in  accordance  with  the  terms  of  any  bequest,  devise  or 
donation. 

9.  To  fill  any  vacancy  in  the  membership  of  the  board 
by  appointment,  the  person  appointed  to  hold  office  until 
the  first  day  of  May  following  the  next  election  held  for 
the  election  of  members  of  such  board.  At  the  next 
election  succeeding  any  vacancy  a  member  shall  be  elected 
to  serve  for  the  unexpired  term. 

Si-:c.  8.  The  board  of  education  shall  determine  an- 
nually the  amount  of  money  necessary  to  be  raised  by 
taxation  for  the  maintenance  of  the  public  schools,  in  ad- 
dition to  the  amount  of  money  to  be  received  from  the 
state  and  county;  and  the  board  shall,  on  or  before  the 
first  day  of  September  of  each  year,  submit  in  writing  to 
the  board  of  supervisors  of  Santa  Clara  County,  a  careful 
estimate  of  all  money  required  to  be  raised  by  taxation  in 
addition  thereto,  and  said  estimate  shall  state  separately 
the  amount  required  to  be  raised  by  taxation  upon  prop- 
erty within  the  school  district  for  the  support  of  high 
schools,  and  the  amount  required  to  be  raised  by  taxation 
upon  the  property  of  the  school  district, for  the  support  of 
the  schools  other  than  high  schools ;  and  the  board  of 
supervisors  of  Santa  Clara  County  shall,  and  they  are 
hereby  authorized  and  directed,  in  each  year  when  fixing 
the  annual  tax  rate  to  levy  and  assess  as  a  school  tax 
for  the  maintenance  of  high  schools,  such  amount  as  the 
board  of  education  shall  report  necessary  for  that  pur- 
pose, and  shall  levy  and  assess  as  a  school  tax  for  the 
support  and  maintenance  of  the  schools  other  than  high 
schools,   such   amount   as   the  board   of  education   shall 


20  THE   CTTV   OF   PALO  ALTO 

report  to  be  necessary  for  that  purpose.  In  addition  to 
the  taxes  levied  for  the  support  and  maintenance  of  the 
schools,  the  board  of  supervisors  shall  annually  levy 
a  tax  sufficient  to  pay  the  principal  and  interest  on  all  out- 
standinsr  1  onds  of  the  Palo  Alto  school  district. 


Article  VII 
POLICE  COURT 

Sec.  I.  There  is  hereby  created,  in  and  for  the  City 
of  Palo  Alto,  a  court  which  shall  be  known  as  the  police 
court  of  the  City  of  Palo  Alto.  Said  court  shall  consist 
of  one  judge,  who  shall  be  appointed  by  the  council,  and 
who  shall  serve  during  its  pleasure  and  who  shall  receive 
such  compensation  as  the  council   shall   determine. 

Sec.  2.     Said  court  shall  have  exclusive  jurisdiction: 

( 1 )  In  all  prosecutions  for  violations  of  the  City  ordi- 
nances. 

(2)  In  all  actions  for  the  recovery  of  any  fine,  penalty 
or  forfeiture,  and  the  enforcement  of  any  obligation  or 
liability  prescribed  or  created  by  the  City  ordinances  and 
in  which  the  sum  sued  for  does  not  amount  to  three 
hundred  dollars. 

Sec.  3.  Within  the  City  limits  said  court  shall  have 
concurrent  and  co-ordinate  jurisdiction  with  township 
justices'  courts  in  all  matters  and  things  in  which  said 
justices'  courts  now  or  may  hereafter  have  jurisdiction; 
and  the  judge  of  said  police  court  shall  have  as  aforesaid 
like  authority,  power  and  jurisdiction  as  the  justices  of 
said  justices'  courts. 

Sec.  4.  Appeals  may  be  taken  to  the  superior  court 
of  the  State  of  California,  in  and  for  the  county  of  Santa 
Clara,  from  the  judgments  and  orders  of  said  police  court, 
in  all  cases  in  which  appeals  now  are  or  may  hereafter  be 
provided  by  law  to  be  taken  to  said  superior  court  from 
said  justices'  courts  and  police  courts. 

Sec.  5.  In  all  proceedings  in  and  appeals  from  said 
police  court,  the  pleadings,  practice,  procedure  and  laws, 
now  applicable  or  that  may  hereafter  be  made  applicable 
to  said  justices'  or  police  courts,  are  hereby  adopted  and 
made  applicable  to  said  police  court. 

Sec.  6.  All  fines  and  other  moneys  received  or  col- 
lected by  the  judge  of  said  police  court,  for  or  on  account 
of  the  City  of  Palo  Alto,  shall  be  paid  into  the  City 
treasury  on  the  first  Monday  in  each  month. 


Sec.  7.  All  actions  and  proceedings  pending-  and 
undetermined  in  the  existing  recorder's  court  of  the  town 
of  Palo  Alto  shall  be  proceeded  with,  heard,  tried,  and 
determined  in  said  police  court  hereby  provided  for, 
before  said  judge,  the  same  as  if  said  actions  or  pro- 
ceedings had  been  originally  commenced  in  said  police 
court. 


Article  VIII 
THE  RECALL,  IXITIATIX'E  AND  REFERENDUM 

Sec.  I.  Any  elective  officer  may  be  removed  by  the 
electors  qualified  to  vote  for  the  successor  of  the  officer 
sought  to  be  removed.  The  procedure  to  effect  the  re- 
moval of  an  incumbent  of  an  elective  ofiice  shall  be  as 
follows :  \  petition  signed  by  electors  entitled  to  vote 
for  a  successor  to  the  incumbent  sought  to  be  removed, 
equal  in  number  to  at  least  twenty  per  centum  of  the  en- 
tire vote  cast  at  the  last  preceding  general  municipal  elec- 
tion, demanding  an  election  of  a  successor  of  the  incum- 
bent sought  to  be  removed,  shall  be  filed  with  the  clerk, 
and  said  petition  shall  contain  a  general  statement  of  the 
grounds  for  which  the  removal  is  sought. 

The  signatures  to  the  petition  need  not  all  be  appended 
to  one  paper,  but  said  petition  may  be  presented  in  sec- 
tions. The  number  of  signatures  to  each  section  shall 
be  at  the  pleasure  of  the  person  soliciting  signatures  to 
the  same.  Any  qualified  voter  or  taxpayer  of  the  muni- 
cipality shall  be  competent  to  solicit  said  signatures. 
Each  section  shall  have  attached  thereto  the  affidavit  of 
the  person  soliciting  signatures  to  the  same,  stating  that 
all  the  signatures  to  the  attached  section  were  made  in 
his  presence,  and  that  to  the  best  of  his  knowledge  and 
belief  each  signature  to  the  section  is  the  genuine  sig- 
nature of  the  person  whose  name  purports  to  be  thereunto 
subscribed,  and  no  other  affidavit  thereto  shall  be  re- 
quired. Each  signature,  the  genuineness  of  which  is  not 
called  in  question  by  the  sworn  afihdavit  of  the  alleged 
owner  thereof,  shall  be  presumed  to  be  genuine.  Unless 
and  until  it  be  proven  otherwise  by  official  investigation, 
it  shall  be  presumed  that  the  petition  presented  contains 
the  signatures  of  the  requisite  number  of  qualified  voters. 
Each  signer  of  said  petition  shall  add  to  his  signature 
his  place  of  residence,  giving  the  street  and  number. 
Within  ten  davs  from  the  date  of  filing  such  petition. 


22  THE   CITY   OF   PALO  ALTO 

the  clerk  shall  examine  and  ascertain  from  the  records 
of  registration  whether  or  not  said  petition  is  signed  by 
the  requisite  number  of  electors  entitled  to  vote,  and  if 
necessary  the  council  shall  allow  the  clerk  extra  help  for 
that  purpose,  and  the  clerk  shall  attach  to  said  petition 
his  certificate  showing  the  result  of  said  examination. 
If,  by  the  said  certificate,  the  petition  is  shown  to  be  in- 
sufficient, it  may  be  amended  by  additional  signatures 
within  ten  days  from  the  date  of  said  certificate.  The 
clerk  shall,  within  ten  days  after  such  amendment,  make 
like  examination  of  the  amended  petition,  and  if  his  cer- 
tificate shall  show  the  same  to  be  insufficient,  it  shall  be 
returned  to  the  person  filing  the  same,  without  prejudice, 
however,  to  the  filing  of  a  new  petition  to  the  same  effect. 

If  the  petition  shall  be  found  to  be  sufficient,  the  clerk 
shall  submit  the  same  to  the  council  without  delay,  and 
the  council  shall  thereupon  order  and  fix  a  date  for  hold- 
ing the  said  election,  not  less  than  thirty  days  nor  more 
than  forty  days  from  the  date  of  the  clerk's  certificate 
to  the  council  that  a  sufficient  petition  is  filed. 

All  arrangements  for  said  election  shall  be  made  and 
the  same  shall  be  conducted,  returned,  and  the  results 
thereof  declared,  in  all  respects  as  are  all  other  municipal 
elections  ;  provided,  that  if  there  be  any  conflict  of  pro- 
visions, this  charter  shall  control. 

Any  person  sought  to  be  removed  may  be  a  candidate 
to  succeed  himself,  and.  unless  he  requests  otherwise,  in 
writing,  the  clerk  shall  place  his  name  on  the  official 
ballot  without  nomination.  In  any  such  removal  elec- 
tion, the  candidate  or  candidates  receiving  the  highest 
number  of  votes  shall  be  declared  elected.  At  such  elec- 
tion, if  some  person  other  than  the  incumbent  receives 
the  highest  number  of  votes,  the  incumbent  shall  there- 
upon be  deemed  removed  from  his  office  upon  qualifi- 
cation of  his  successor.  The  successor  of  any  officer 
so  removed  shall  hold  office  during  the  unexpired  term 
of  his  predecessor.  In  case  the  party  who  receives  the 
highest  number  of  votes  should  fail  to  qualify  within 
ten  days  after  receiving  notification  of  election,  the  office 
shall  be  deemed  vacant.  If  the  incumbent  receives  the 
highest  number  of  votes  he  shall  continue  in  office.  In 
case  more  than  one  councilman  is  sought  to  be  removed, 
whose  terms'  shall  not  expire  at  the  same  time,  there 
shall  appear  on  the  ballot  the  date  of  the  expiration  of 
the  respective  terms,  and  the  offices  to  be  filled  for  such 
different  terms  shall  be  deemed  separate  and  distinct 
offices  to  be  filled  at  such  election. 


CHARTER  '  23 

Sec.  2.  Any  proposed  ordinance  may  be  submitted 
to  the  council  by  a  petition  signed  by  qualified  and  regis- 
tered electors  of  the  city  equal  in  number  to  the  percent- 
age hereinafter  required.  The  petition  shall  set  forth  a 
copy  of  the  proposed  ordinance,  and  the  form  of  such 
petition,  signatures,  verifications,  and  duties  of  the  clerk 
in  respect  thereto,  provided  in  section  i  of  this  article 
for  petitions  for  recall  shall  apply  to  petitions  of  initiative. 

If  the  petition  accompanying  the  proposed  ordinance 
be  signed  by  qualified  and  registered  electors  ecjual  in 
number  to  ten  per  centum  of  the  entire  vote  cast  at  the 
last  preceding  general  election,  the  council  must  either 
pass  such  ordinance  without  alteration  or  submit  the 
same  to  the  electorate  at  the  next  general  municipal  elec- 
tion that  shall  occur  at  any  time  after  thirty  days  from 
the  date  of  the  clerk's  certificate  of  sufficiency.  But  if 
such  petition  is  signed  by  qualified  and  registered  elec- 
tors equal  in  number  to  twenty  per  centum  of  said  vote 
and  contains  a  request  that  such  ordinance  be  submitted 
to  a  vote  of  the  people  at  a  special  election,  then  the 
council  must  either  pass  the  ordinance  without  alteration 
or  submit  the  same  to  the  electorate  at  a  special  election 
to  be  called  within  sixty  days  from  the  filing  of  such 
petition. 

The  ballots  used  when  voting  upon  such  proposed 
ordinance  shall  contain  the  words  "For  the  Ordinance," 
and  "Against  the  Ordinance"  (stating  the  nature  of  the 
proposed  ordinance).  If  a  majority  of  the  qualified 
electors  voting  on  said  proposed  ordinance  shall  vote  in 
favor  thereof,  such  ordinance  shall  thereupon  become  a 
valid  and  binding  ordinance  of  the  City.  The  council 
may  at  such  election  submit  any  amendment  thereto  that 
it  may  deem  proper,  and  the  ballots  used  at  such  elec- 
tion shall  contain  the  words  "For  the  Amendment,"  or 
"Against  the  Amendment,"  or  ordinance  (naming  the 
ordinance),  and  also  stating  the  nature  of  the  proposed 
amendment.  If  a  majority  of  the  qualified  electors 
voting  on  said  proposed  amendment  shall  vote  in  favor 
thereof,  such  ordinance  shall  thereupon  be  deemed 
amended  in  accordance  therewith.  The  council  may  also 
propose  and  submit  any  ordinance  to  the  electors,  and 
such  ordinance,  upon  receiving  a  majority  of  the  votes 
of  the  electors  voting  thereon,  shall  be  deemed  to  have 
been  adopted  and  shall  be  the  valid  and  binding  ordinance 
of  the  City.  Any  ordinance  adopted  by  the  electors  un- 
der the  provisions  of  this  article  can  not  be  repealed  or 
amended,  except  by  a  vote  of  the  people  obtained  in  the 


24  THE   CITY   OF   PALO   ALTO 

manner  hereinbefore  stated,  unless  such  ordinance  shall 
Otherwise  provide. 

Any  number  of  proposed  ordinances  may  be  voted 
upon  at  the  same  election  in  accordance  with  the  pro- 
visions of  this  section ;  provided,  that  there  shall  not  be 
held  under  this  section  of  the  charter  more  than  one 
special  election  in  any  period  of  twelve  months. 

Sec.  3.  Any  ordinance  or  resolution,  other  than 
such  as  may  be  required  to  be  passed  at  a  particular  time 
or  for  the  purpose  of  complying  with  a  charter  or  statu- 
tory law,  and  excepting  such  ordinances  or  resolutions  as 
may  be  declared  by  the  council  to  be  necessary  as  emerg- 
ency measures  for  the  immediate  preservation  of  the 
public  peace,  health  or  safety,  shall  be  subject  to  a  refer- 
endum as  herein  provided ;  provided  further  that  the 
petition  for  such  referendum  be  filed  within  sixty  (60) 
days  from  the  final  passage  of  such  ordinance  or  reso- 
lution. 

Whenever  a  petition  shall  be  presented  to  the  coun- 
cil, asking  that  a  particular  ordinance  or  resolution  named 
therein  be  submitted  to  a  vote  of  the  electors,  and  signed 
as  recjuired  for  an  initiative  petition  in  section  2  of  this 
article,  it  shall  be  the  duty  of  the  council  to  submit 
the  question  of  the  approval  or  rejection  of  such  ordi- 
nance or  resolution  to  the  electors  at  a  regular  or  special 
election ;  and  until  such  election  is  held  and  the  ordinance 
approved  by  the  electors  the  provisions  of  such  ordi- 
nance or  resolution  shall  be  suspended  and  be  inoper- 
ative. 

All  the  proceedings  relative  to  the  submission  of  or- 
dinances by  initiative  shall  apply  to  ordinances  submitted 
by  a  referendum  petition,  and  the  vote  thereon  shall  be 
of  the  same  force  and  efl:'ect  as  provided  in  section  2. 


Article   IX 
MISCELLANEOUS 

Sec.  I.  The  ordaining  clause  of  all  ordinances 
adopted  by  the  council  shall  be,  "The  council  of  the  City 
of  Palo  Alto  do  ordain  as  follows,"  and  the  ordaining 
clause  of  all  ordinances  adopted  in  accordance  with  the 
provisions  of  article  VIII  shall  be,  "The  people  of  the 
City  of  Palo  Alto  do  ordain  as  follows." 

Sec.  2.  No  franchise  shall  be  granted  by  the  council, 
but  may  be  granted  by  the  electors  by  ordinance  proposed 


CHARTER  25 

and  adopted  as  provided  in  section  2  of  article  VIII  of 
this  charter ;  provided,  that  the  petition  therefor  shall  be 
signed  by  qualified  and  registered  voters  equal  in  number 
to  at  least  twenty  per  centum  of  the  votes  cast  at  the  last 
preceding  general  municipal  election  ;  and  provided  fur- 
ther, that  no  franchise  shall  be  granted  for  a  longer 
term  than  twenty-five  years. 

Sec.  3.  No  officer  of  the  City  shall  be  interested  in 
any  contract  entered  into  by  the  City,  and  the  general 
laws  of  the  state  forbidding  city  officials  to  be  so  inter- 
ested is  hereby  made  a  part  of  this  charter. 

Sec.  4.  The  council  shall  publish  annually  a  finan- 
cial report  of  the  City  and  furnish  a  copy  thereof  to  each 
taxpayer  residing  therein. 

Sec.  5.  The  revenue  of  each  public  utility  shall  be 
kept  in  a  separate  fund  from  all  other  receipts  and  shall 
be  used  for  the  purposes  and  in  the  order  as  follows : 

1 .  For  the  payment  of  the  operating  and  maintenance 
expenses  of  such  utility. 

2.  For  the  payment  of  interest  on  the  bonded  debt  in- 
curred for  the  construction  or  acquisition  of  such  utility. 

3.  For  the  payment  of  the  principal  of  said  debt,  as  it 
may  become  due. 

4.  The  remainder  shall  be  paid  into  the  general  fund. 
Sec.  6.     No   ballot   used   at   any   municipal   election 

shall  contain  any  reference  to  a  political  party,  and  no 
designation  or  symbol  shall  be  placed  in  connection  with 
the  name  of  any  candidate.  y\ny  person  otherwise  quali- 
fied may  be  a  candidate  for  an  elective  office  at  any  elec- 
tion, regular  or  special,  by  filing  with  the  clerk,  not  less 
than  ten  days  prior  to  the  day  of  election,  a  petition 
signed  by  qualified  and  registered  voters  equal  in  number 
to  three  per  centum  of  the  votes  cast  at  the  last  general 
municipal  election. 

Sec.  7.  No  member  of  the  council  shall  hold  any 
other  municipal  office,  or  hold  any  office  or  employment 
the  compensation  of  which  is  paid  out  of  the  municipal 
moneys ;  or  be  elected  or  appointed  to  any  office  created 
or  the  compensation  of  which  is  increased  by  the  council 
while  he  was  a  member  thereof,  until  one  year  after  the 
expiration  of  the  term  for  which  he  was  elected. 

Sec.  8.  No  person,  firm  or  corporation  shall  ever 
exercise  any  franchise,  license,  permit,  easement,  privil- 
ege or  other  use,  except  in  so  far  as  he  or  it  may  be  en- 
titled to  do  so  by  direct  authority  of  the  constitution  of 
the  State  of  California,  or  of  the  constitution  or  laws  of 
the  United  States,  in,  upon,  over,  under  or  along  any 
street,  highway  or  other  public  place  in  the  City  unless 


26  THE   CITY   OF   PALO   ALTO 

he  or   it   shall   have   first  obtained   a  grant  therefor   in 
accordance  with  the  provisions  of  this  charter. 

Sec.  9.  Liens  for  taxes  levied  shall  attach  to  the 
property  charged  therewith  on  the  first  Monday  in  March 
at  12  o'clock  M. 


Article  XI 
AMENDMENTS 

Sec.  I.  This  charter  may  be  amended  at  intervals  of 
not  less  than  two  years  by  proposals  therefor,  submitted 
by  the  council  to  the  qualified  electors  of  the  City  at  a 
general  or  special  election,  held  at  least  forty  days  after 
the  publication  of  such  proposals  for  twenty  days  in  a 
daily  newspaper  of  general  circulation  in  said  City  and 
ratified  by  a  majority  of  the  electors  voting  thereon,  and 
approved  by  the  legislature  as  provided  in  the  constitution 
of  the  State  of  California.  Whenever  fifteen  per  centum 
of  the  qualified  voters  of  the  City  shall  petition  the  coun- 
cil to  submit  any  proposed  amendment  or  amendments 
to  this  charter  to  the  qualified  voters  thereof  for  approval 
the  council  must  submit  the  same.  In  submitting  any 
such  amendment  or  amendments  to  the  charter  any  alter- 
native article  or  proposition  may  be  presented  for  the 
choice  of  the  voters  and  may  be  voted  on  separately  with- 
out prejudice  to  the  others. 

Sec.  2.  The  petition  herein  provided  for  must  be 
made,  presented,  examined,  and  certified  to  in  the  man- 
ner and  form  required  for  petitions  in  section  i  of  article 
VIII  of  this  charter. 

Sec.  3.  The  council  must  make  all  necessary  pro- 
visions for  submitting  the  proposed  amendments  to  the 
electors,  and  shall  canvass  the  votes  in  the  same  manner  as 
in  other  elections. 

Sec.  4.  The  ballots  used  at  such  elections  shall  con- 
tain the  words  "For  the  Amendment"  and  "Against  the 
Amendment"  (stating  the  nature  of  the  proposed  amend- 
ment ) . 


Article  XII 

This  charter  shall  take  effect  at  noon  on  July  i,  1909; 
provided  that  all  provisions  relative  to  public  schools,  to 
elections,  the  Cjualifications  of  candidates,  the  nomination 


CHARTER  27 

of  candidates  for  public  office  shall  be  operative  upon  the 
approval  of  this  charter  by  the  legislature,  and  the  board 
of  trustees  of  the  town  of  Palo  Alto  are  hereby  directed 
to  provide  for  all  elections  provided  herein  to  be  held 
prior  to  the  first  day  of  July,  1909,  and  to  issue  certificates 
of  election  to  the  persons  elected  to  the  office  of  coun- 
cilmen. 

'All  the  present  officials  of  the  town  of  Palo  Alto  shall 
continue  to  perform  the  duties  now  required  of  them 
until  their  successors  are  appointed  and  qualified  as  in 
this  charter  provided. 


CERTIFICATE 

Whereas,  The  town  of  Palo  Alto,  a  city  of  more  than 
three  thousand  five  hundred  inhabitants,  did  on  the 
twenty- fourth  day  of  August,  A.  D.  1908,  have  a  special 
election,  and  under  and  in  accordance  with  the  provisions 
of  sectio.i  8,  article  XI  of  the  constitution  of  the  State 
of  California,  elect  the  undersigned,  a  board  of  fifteen 
freeholders,  to  prepare  and  propose  a  charter  for  said 
City; 

Be  it  known.  That  in  pursuance  of  said  provisions 
of  the  constitution  of  the  State  of  California,  and  with- 
in a  period  of  ninety  days  after  such  election,  we,  the 
members  of  the  said  board  of  freeholders,  have  prepared 
and  do  hereby  propose  the  foregoing  articles  signed  in 
duplicate,  as  and  for  the  charter  of  the  said  City  of  Palo 
Alto. 

In  Witness  Whereof,  we  have  hereunto  set  our 
hands,  at  the  town  of  Palo  Alto,  county  of  Santa  Clara, 
in  the  State  of  California,  this  twentieth  day  of  Novem- 
ber, A.  D.  1908. 

MARSHALL  BLACK,   President 

C.  E.  JORDAN,  Secretary 

WALTER  E.  VAIL 

E.  C.  THOITS 

S.  W.  CHARLES 

BENJAMIN  P.  OAKFORD 

A.  N.  UMPHREYS 

H.  W.  SIMKINS 

STANLEY  FORBES 

CHAS.  B.  WING 

JOHN  T.  COULTHARD 

C.  S.  DOWNING 

C.  B.  STINSON 


28  THE   CITY   OF   PALO   ALTO 


ADDITIONAL  PROPOSITION  SUBMITTED  TO 
A  VOTE  OF  THE  PEOPLE  AND  PROPOSED 
TO  BE  INCORPORATED  IN  THE  CHARTER 
FOR  THE  CITY  OF  PALO  ALTO. 

PROPOSITION    1 

Article  X 
ALCOHOLIC  LIQUORS 

Sec.  I.  It  shall  be  unlawful  for  any  person  or  per- 
sons, firm,  corporation,  club  or  association  or  member  of 
such  club  or  association  to  establish,  carry  on,  keep  or 
maintain  a  place  where  spirituous,  vinous,  malt  or  in- 
toxicating liquors  or  any  admixture  thereof  or  any  al- 
coholic drinks  whatsoever  are  sold,  kept  for  sale,  ofifered 
for  sale,  furnished,  distributed,  divided,  delivered  or 
given  away. 

Sec.  2.  It  shall  be  unlawful  for  any  person,  either 
as  owner,  employer,  agent,  servant,  clerk  or  employe, 
to  sell  or  deliver  any  of  the  liquors  herein  mentioned,  or 
to  solicit  the  sale  of  or  take  orders  for  the  same  within 
the  limits  of  the  city  of  Palo  Alto. 

Sec.  3.  It  shall  be  unlawful  for  any  person  directly 
or  indirectly,  to  keep  or  maintain,  by  himself  or  by  as- 
sociating or  combining  with  others,  or  in  any  manner  to 
aid,  assist  or  abet  in  keeping  or  maintaining  any  club 
room  or  other  place  within  the  City  of  Palo  Alto,  in 
which  any  intoxicating  liquors  are  kept  for  the  purpose 
of  gift,  barter  or  sale,  or  for  distribution  among  the 
members  of  any  club  or  association. 

Sec.  4.  Any  violation  of  the  foregoing  provisions 
in  this  section  shall  constitute  a  misdemeanor,  punishable 
upon  conviction  by  a  fine  of  not  more  than  $300.00  or  by 
imprisonment  in  the  City  jail  for  a  period  of  not  more 
than  three  months,  or  by  both  such  fine  and  imprison- 
ment. 

Sec.  5.  The  council  may  by  proper  ordinance  pro- 
vide additional  penalties,  not  inconsistent  with  the  law, 
for  the  violation  of  the  provisions  of  this  section  and 
may  adopt  such  further  restrictions  as  will  make  the  said 
provisions  effective. 

Sec.  6.     Nothing    in    this    article    shall    be    held    or 


CHARTER  29 

construed  as  prohibiting  the  sale  or  use  of  alcohoHc 
liquor  for  medicinal,  industrial,  sacramental  or  scientific 
purposes,  but  the  council  shall  impose  such  regulations 
governing  such  sale  and  use  of  such  liquors  as  will  pre- 
vent the  violation  or  evasion  of  the  provisions  of  this 
article. 


CERTIFICATE 

Whereas,  The  town  of  Palo  Alto,  a  city  of  more 
than  thirty-five  hundred  inhabitants,  did  on  the  twenty- 
fourth  day  of  August,  A.  D.  1908,  have  a  special  election, 
and  in  accordance  with  the  provisions  of  section  8,  article 
XI  of  the  constitution  of  the  State  of  California,  elect 
the  undersigned,  a  board  of  fifteen  freeholders,  to  pre- 
pare a  proposed  charter  for  said  City ; 

Be  it  known,  That  in  pursuance  of  said  provisions 
of  the  constitution  of  the  State  of  California  and  within 
a  period  of  ninety  days  after  such  election,  we,  the  mem- 
bers of  said  board  of  freeholders,  have  prepared  and  do 
hereby  propose  the  foregoing  additional  article  signed  in 
duplicate  as  and  for  a  part  of  the  charter  of  the  said  City 
of  Palo  Alto,  to  be  presented  for  ihe  choice  of  the  voters 
of  the  City  of  Palo  Alto  and  to  be  voted  on  separately 
without  prejudice  to  said  proposed  charter  or  to  any  or 
either  of  the  articles  or  propositions  herewith  presented. 
In  Witness  Whereof,  we  have  hereunto  set  our 
hands,  at  the  town  of  Palo  Alto,  county  of  Santa  Clara, 
in  the  State  of  California,  this  twentieth  day  of  Novem- 
ber, A.  D.  1908. 

MARSHALL  BLACK,  President 

C.  E.  JORDAN,  Secretary 

WALTER  E.  VAIL 

E.  C.  THOITS 

S.  W.  CHARLES 

BENJAMIN  P.  OAKFORD 

A.  N.  UMPHREYS 

H.  W.  SIMKINS 

STANLEY   FORBES 

CHAS.  B.  WING 

JOHN  T.  COULTHARD 

C.  S.  DOWNING 

C.  B.  STINSON 

Filed  November  21.  1908.  at  8:30  a.m.,  with  Charles 
D.  Marx,  president  of  the  board  of  trustees  of  the  town 
of  Palo  Alto. 


30  THE   CITY   OF   PALO  ALTO 


MEMORANDUM 

The  first  official  publication  of  the  foregoing  charter 
was  made  in  the  Daily  Palo  Alto  Times,  a  daily  news- 
paper of  general  circulation,  on  Tuesday,  December  8, 
1908,  in  accordance  with  a  resolution  adopted  by  the 
board  of  trustees  of  the  town  of  Palo  Alto  on  Tuesday, 
December  i,  1908,  and  by  direction  of  the  president  of 
said  board  and  the  town  clerk  as  provided  for  in  said 
resolution. 

State  of  California,  (    gg 

County  of  Santa  Clara     ^        " 

I,  Charles  D.  Marx,  president  of  the  board  of  town 
trustees  of  the  town  of  Palo  Alto,  California,  do  hereby 
certify  that  I  now  am  and  at  all  of  the  times  herein  men- 
tioned was  the  duly  elected,  qualified  and  acting  president 
of  said  board  of  town  trustees  of  the  town  of  Palo  Alto ; 
that  the  board  of  freeholders  whose  names  appear  signed 
to  the  foregoing  proposed  charter  and  the  alternative 
proposition  were,  and  each  of  them  was,  on  the  24th 
day  of  August,  A.  D.  1908,  at  a  special  municipal  elec- 
tion held  in  said  town  of  Palo  Alto,  on  said  last  named 
day,  duly  elected  by  the  qualified  voters  of  said  town  as 
such  freeholders,  to  prepare  and  propose  a  charter  for 
said  town ;  that  each  of  the  persons  so  elected  was  a  free- 
holder and  was  at  the  time  of  said  election,  and  had  been 
continuously  for  more  than  five  years  immediately  prior 
thereto  a  qualified  elector  of  the  said  town  of  Palo  Alto ; 
that  said  board  of  freeholders,  in  accordance  with  law, 
prepared  and  proposed  a  charter  and  prepared  and  pro- 
posed the  foregoing  alternative  proposition  for  said  town, 
in  duplicate ;  that  the  foregoing  is  a  full,  true  and  correct 
copy  of  said  proposed  charter  of  the  said  town  of  Palo 
Alto,  including  the  said  alternative  proposition  I,  which 
were  prepared  and  proposed  by  said  board  of  freehold- 
ers, one  copy  of  which  said  proposed  charter  and  of  said 
proposed  alternative  proposition  was  duly  returned  to  me 
as  president  of  the  said  board  of  town  trustees  of  the  town 
of  Palo  Alto,  and  the  other  copy  thereqf  was  duly  re- 
turned to  and  filed  with  the  recorder  of  the  county  of 
Santa  Clara,  all  within  ninety^  days  after  said  election,  as 
required  by  section  eight  of  article  eleven  of  the  consti- 
tution of  this  state;  that  such  proposed  charter  and  the 


CHARTER  31 

said  alternative  proposition  I,  were  then  published  in  the 
Daily  Palo  Alto  Times  (the  same  being  a  daily  newspaper 
of  general  circulation  in  said  town)  for  more  than 
twenty  days,  and  the  first  publication  thereof  was  made 
within  twenty  days  after  the  completion  of  said  proposed 
charter  and  said  alternative  proposition ;  that  within 
thirty  days  after  the  publication  of  said  proposed  char- 
ter and  said  alternative  proposition  I  as  aforesaid,  and 
as  required  by  said  section  eight  of  the  constitution,  to 
wit:  On  the  21st  day  of  January,  A.  D.  1909,  said  pro- 
posed charter  and  said  alternative  proposition  I,  were 
submitted  to  a  special  municipal  election  duly  held  in 
the  said  town  of  Palo  Alto,  for  the  purpose  of  ratifying 
or  rejecting  said  proposed  charter  and  the  said  alter- 
native proposition. 

That  said  proposed  charter  as  a  whole  and  the  said 
alternative  proposition  were  duly  ratified  at  said  last 
mentioned  election  by  the  majority  of  the  votes  of  the 
qualified  electors  of  said  town  voting  thereon,  and  that 
the  returns  of  said  last  mentioned  election  were  duly 
canvassed  by  the  board  of  town  trustees  of  said  town 
of  Palo  Alto  on  the  2nd  day  of  February,  A.  D.  1909, 
and  the  result  thereof  declared  as  above  set  forth. 

And  I  further  certify  that  all  the  times  herein  men- 
tioned said  town  of  Palo  Alto  contained  a  population  of 
more  than  three  thousand  five  hundred,  and  that  in  all 
matters  and  things  pertaining  to  said  proposed  charter 
and  the  said  alternative  proposition,  the  provisions  of 
section  eight  of  article  eleven  of  the  constitution  and  of 
the  laws  of  the  State  of  California  pertaining  to  the 
adoption  of  said  proposed  charter  and  the  said  alternat- 
ive proposition  have,  in  every  particular,  been  fully  com- 
plied with. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and 
affixed  the  corporate  seal  of  said  town  this  2nd  day  of 
February,  A.  D.  1909. 

CHAS.  D.  MARX, 
President  of  the  Board  of  Town  Trustees 
[seal]  of  the  Town  of  Palo  Alto. 

Attest:  C.  H.  JORDAN, 

Town  Clerk  and  ex-officio  Clerk  of  the  Board 
of  Town  Trustees  of  the  Town  of  Palo  Alto. 


32  THE   CITY   OF   PALO  ALTO 


JOINT  RESOLUTION  OF  THE  LEGISLATURE 
OF  THE  STATE  OF  CALIFORNIA,  APPROV- 
ING THE  FOREGOING  CHARTER  OF  THE 
CITY  OF  PALO  ALTO 

Now,  therefore,  be  it 

Resolved  by  the  Senate  of  the  State  of  California,  the 
Assembly  thereof  concurring  (a  majority  of  all  the  mem- 
bers elected  to  each  house  voting  for  the  adoption  of 
this  resolution  and  concurring  therein),  That  said  char- 
ter of  the  City  of  Palo  Alto  including  said  additional 
proposition  No.  I,  as  presented  to  and  adopted  and  rati- 
fied by  the  electors  of  said  town  of  Palo  Alto  as  herein 
above  set  forth,  be  and  the  same  is  hereby  approved  as 
a  whole,  as  and  for  the  charter  of  said  City  of  Palo  Alto 
as  aforesaid. 


AMENDMENTS  TO  CHARTER  OF 
THE  CITY  OF  PALO  ALTO 


Approving  Ten  Certain  Amendments  to  the  Char- 
ter OF  THE  City  of  Palo  Alto,  County  of  Santa 
Clara,  State  of  California,  Voted  for  and  Rati- 
fied BY  THE  Qualified  Electors  of  the  said  City 
of  Palo  Alto^  at  a  Special  Municipal  Election 
Held  Therein  for  That  Purpose  on  the  First 
Day  of  February,  1911.   (Adopted  March  24,  1911) 

Whereas,  The  City  of  Palo  Alto,  in  the  County  of 
Santa  Clara,  State  of  California,  contains  a  population 
of  more  than  thirty-five  hundred  inhabitants,  and  has 
been  ever  since  the  year  1909,  and  is  now,  organized  and 
acting  under  a  freeholders'  charter,  adopted  under  and 
by  virtue  of  section  eight  of  article  eleven  of  the  consti- 
tution of  the  State  of  California,  which  charter  was  duly 
ratified  by  a  majority  of  the  qualified  electors  of  said 
City,  at  a  special  election  held  for  that  purpose  on  the 
2 1  St  day  of  January,  A.  D.  1909,  and  approved  by  the 
legislature  of  the  State  of  California  on  the  20th  day  of 
February,  1909  (Statutes  of  1909,  page  1175)  ;  and 

Whereas,  The  City  council  of  the  said  City  of  Palo 
Alto  did  by  ordinance  duly  adopted  by  said  City  council 
and  approved  by  the  mayor  of  said  City  on  the  22nd  day 
of  November,  1910,  and  pursuant  to  section  8  of  article 
II  of  the  constitution  of  the  State  of  California,  duly 
propose  to  the  qualified  electors  of  said  City  of  Palo  Alto, 
certain  amendments  to  the  Charter  of  said  City  of  Palo 
Alto,  to  be  submitted  to  the  said  qualified  electors  at  a 
special  municipal  election  to  be  held  in  said  City  on  the 
first  day  of  February,  191 1 ;  said  amendments  being  six- 
teen in  number ;  and 

Whereas,  Said  proposed  amendments  were,  and  each 
of  them  was,  published  for  twenty  days  in  a  daily  news- 
paper printed  and  published  in  said  City  of  Palo  xA.lto, 
and  having  a  general  circulation  therein,  to  wit:  The 
Daily  Palo  Alto  Times ;  said  publication  beginning  on 
the  23rd  day  of  November,  1910,  and  ending  the  i6th 
day  of  December,  1910;  and 


34  THE    CITY    OF    PALO   ALTO 

Whereas,  The  City  council  of  said  City  did  by  said 
ordinance,  duly  adopted  by  said  City  council  and  approv- 
ed by  the  mayor  of  said  City,  order  the  holding  of  a  spe- 
cial municipal  election  in  said  City  of  Palo  Alto  on  the 
first  day  of  February,  191 1,  said  day  being  at  least  forty 
days  after  the  publication  of  said  proposed  amendments 
for  twenty  days  in  said  daily  newspaper  of  general  cir- 
culation in  said  City  of  Palo  Alto,  to  wit :  The  Daily^ 
Palo  Alto  Times ;  and  did  provide  in  said  ordinance  for 
the  submission  of  the  proposed  Charter  Amendments 
numbers  i,  2,  3,  4,  5,  6,  7,  8,  9,  10,  11,  12,  13,  14,  15 
and  16,  and  alternative  amendments  numbers  3,  4  and  5, 
to  the  qualified  electors  of  said  City  for  their  ratification 
at  said  election  ;  and 

Whereas,  Said  election  was  duly  called  and  held  on 
said  I  St  day  of  February,  191 1,  and  at  said  election  a 
majority  of  the  qualified  electors  voting  thereon  voted  in 
favor  of  the  ratification  of  and  did  ratify  ten  of  the  pro- 
posed amendments  to  said  charter ;  and 

Whereas,  The  City  council  of  the  said  City  of  Palo 
Alto  in  accordance  with  the  law  in  such  cases  made  and 
provided,  did  meet  on  Wednesday,  the  8th  day  of  Feb- 
ruary, 191 1,  at  their  usual  time  and  place  of  meeting,  and 
duly  canvas  the  returns  of  said  election  as  certified  by 
the  election  boards,  and  duly  found,  determined  and  de- 
clared that  a  majority  of  the  qualified  electors  of  said 
City  voting  thereon  had  voted  for  and  ratified  ten  of  said 
proposed  Amendments  to  the  Charter  of  said  City  of 
Palo  Alto ;  and 

Whereas,  The  council  of  the  City  of  Palo  Alto  are 
in  doubt  as  to  the  legality  of  the  ratification  and  adoption 
of  Amendment  number  seven,  owing  to  an  error  in  the 
instructions  to  voters  on  said  specific  Amendment  num- 
ber seven ;  therefore  said  Amendment  number  seven  is 
herein  set  forth  as  a  distinct  and  separate  amendment 
for  the  consideration  of  the  legislature  without  prejudice 
to  the  nine  other  amendments  herein  set  forth ; 

That  said  Amendment  number  seven  is  in  words  and 
figures  as  follows,  to  wit : 


Charter  Amendment  Number  Seven 

Section  7  of  article  9  of  the  Charter  of  the  City  of 
Palo  Alto  shall  be  amended  to  read  as  follows : 

No  member  of  the  council  shall  hold  any  ofiice  or 
employment  the  compensation  for  which  is  paid  out  of 
municipal   moneys ;   or  be  elected   or  appointed  to  any 


AMENDMENTS    TO    CHARTER  35 

office  created,  or  the  compensation  of  which  is  increased 
by  the  council  while  he  was  a  member  thereof,  until  one 
year  after  the  expiration  of  the  term  for  which  he  was 
elected. 

Whereas,  The  said  nine  subsequent  amendments  to 
the  charter  so  ratified  by  a  majority  of  the  qualified  elect- 
ors of  said  City  voting  at  said  election  are  in  words  and 
figures  as  follows,  to  wit : 

Charter  Amendment  Number  Eight 

Article  9  of  the  Charter  of  the  City  of  Palo  Alto  shall 
be  amended  by  adding  thereto  a  new  section,  to  be  known 
as  section  10,  and  to  read  as  follows : 

Sec.  10.  In  the  erection,  improvement  and  repair 
of  all  public  buildings  and  works,  in  all  street  and  sewer 
work,  done  under  and  by  authority  of  the  laws  of  the 
State  of  California  creating  a  bonded  indebtedness  of 
the  municipality,  or  done  under  and  by  authority  of  any 
of  the  street  laws  of  the  State  of  California,  which  laws 
are  hereby  made  a  part  of  this  Charter,  the  work  shall 
be  let  to  the  lowest  responsible  bidder ;  provided,  how- 
ever, the  council  may  reject  any  and  all  bids  if  deemed 
excessive,  and  readvertise  for  bids  or  provide  for  the 
work  to  be  done  by  the  Department  of  Public  Works. 

In  case  no  bid  is  received,  the  council  may  likewise 
provide  for  the  work  to  be  done  by  the  Department  of 
Public  Works. 

When  the  estimate  of  the  cost  of  said  work  by  the 
City  engineer  shows  that  said  work  can  be  done  for  an 
equal  or  less  cost  than  that  of  the  lowest  bid,  then  any 
of  the  work  herein  mentioned  may  be  done  by  the  Depart- 
ment of  Public  Works,  and  the  said  department  shall  be 
deemed  the  contractor,  with  the  right  to  enforce  all  liens, 
and  with  the  same  powers,  rights,  duties  and  obligations 
as  are  made  and  provided  by  the  laws  of  the  state  for 
contractors  who  have  entered  into  contracts  to  do  such 
work  as  the  lowest  responsible  bidder. 

The  council  shall  have  power  to  adopt  ordinances  for 
the  purpose  of  carrying  out  these  provisions,  and  such 
ordinances  shall  be  supplemental  to  the  existing  laws  of 
the  State,  and  shall  have  the  same  force  and  efifect. 

Charter  Amendment  Number  Nine 

Article  9  of  the  Charter  of  the  City  of  Palo  Alto  shall 
be  amended  by  adding  thereto  a  new  section  to  be  known 
as  section  11,  and  to  read  as  follows: 


36  THE   CITY   OF   PALO  ALTO 

Skc.  II.  Upon  a  petition  of  the  owners  of  the  ma- 
jority of  the  frontage  abutting  upon  any  street  or  part 
thereof,  the  council  shall  have  the  power  by  ordinance  to 
require,  or  provide,  or  adopt  general  law  or  laws  for  the 
planting,  maintenance,  or  care  of  grass  plots  between  the 
sidewalk  and  roadway  in  such  street  or  part  thereof,  and 
to  make  the  cost  thereof  a  lien  and  charge  upon  the  abut- 
ting property,  and  to  make  provisions  for  the  enforce- 
ment of  such  liens  by  the  sale  of  property  or  otherwise. 

Charter  Amendment  Number  Ten 

Article  9  of  the  Charter  of  the  City  of  Palo  Alto  shall 
be  amended  by  adding  thereto  a  new  section,  to  be  known 
as  section  12,  and  to  read  as  follows  : 

Sec.  12.  The  council  shall  have  power,  by  ordi- 
nance, to  require  or  provide  for  the  removal  of  grass, 
weeds  or  other  obstructions  from  the  sidewalks,  park- 
ings or  streets  and  to  make  the  cost  of  same  a  lien  or 
charge  against  the  abutting  property,  and  to  make  pro- 
vision for  the  enforcement  of  such  liens  by  the  sale  of 
property  or  otherwise. 

Charter  Amendment  Number  Eleven 

Article  9  of  the  Charter  of  the  City  of  Palo  Alto  shall 
be  amended  by  adding  thereto  a  new  section  to  be  known 
as  section  13,  and  to  read  as  follows: 

Sec.  13.  The  council  shall  have  power,  by  ordinance, 
to  require  or  provide  for  the  removal  from  property, 
lands,  or  lots,  all  weeds,  rubbish  or  other  material  which 
may  endanger  or  injure  neighboring  property,  or  the 
health  or  welfare  of  the  residents  of  the  vicinity,  and  to 
make  the  cost  thereof  a  lien  or  charge  upon  such  proper- 
ty, lands,  or  lots,  or  otherwise. 

Charter  Amendment  Number  Twelve 

Article  9  of  the  Charter  of  the  City  of  Palo  Alto  shall 
be  amended  by  adding  thereto  a  new  section  to  be  known 
as  section  14,  and  to  read  as  follows : 

Sec.  14.  The  council  shall  have  the  power,  by  ordi- 
nance, to  enforce  the  laying  of  sewer,  water  or  gas  pipes 
or  other  mains  or  conduits  on  streets  to  be  improved  be- 
fore the  same  are  improved ;  and  to  require  the  owners 
of  real  property  fronting  upon  any  street,  lane,  alley,  or 
other  public  place,  in  which  there  are  or  in  which  it  is 


AMENDMENTS    TO    CHARTER  37 

proposed  to  be  constructed,  sewer,  water  or  gas  pipes, 
or  other  mains  or  conduits,  to  connect  their  several  prem- 
ises therewith,  or  to  cause  such  connection  to  be  made, 
and  to  make  the  cost  of  same  a  lien  upon  the  property  so 
connected,  and  to  make  provision  for  the  enforcement 
of  such  Hen  by  the  sale  of  property  or  otherwise. 


Charter  Amendment  Number  Thirteen 

Article  9  of  the  Charter  of  the  City  of  Palo  Alto  shall 
be  amended  by  adding  thereto  a  new  section  to  be  known 
as  section  13a,  and  to  read  as  follows: 

Sec.  13a.  The  City  of  Palo  Alto  shall  have  the 
power  to  repair  or  improve  all  streets  or  avenues  in  said 
city  upon  which  street  railway  tracks  are  laid  between 
the  rails  of  said  tracks  and  for  two  feet  on  either  side 
thereof ;  said  City  shall  also  have  the  power  to  repair  all 
excavations  made  in  streets  by  any  public  service  cor- 
poration, company  or  person. 

All  said  work  done  by  the  City  on  account  of  street 
railways  or  excavations  to  be  a  lien  upon  any  property 
of  the  corporation,  company  or  person  on  whose  account 
the  work  is  done. 

The  person,  company  or  corporation  owning  or  oper- 
ating any  street  railway  in  said  City  shall  pay  to  the  City 
one-third  of  the  annual  cost  of  watering,  oiling,  or  other- 
wise treating  such  streets  for  laying  dust  thereon. 

The  council  shall  have  power  to  adopt  ordinances  for 
the  purpose  of  carrying  out  and  enforcing  this  provision. 


Charter  Amendment  Number  Fourteen 

Article  8  of  the  Charter  of  the  City  of  Palo  Alto  shall 
be  amended  by  adding  a  new  section  thereto  to  be  known 
as  section  4,  and  to  read  as  follows : 

Sec.  4.  The  majority  vote  of  the  electors  required 
to  pass  an  initiative  ordinance,  as  provided  by  section  2 
of  this  article,  shall  be  not  only  a  majority  of  the  votes 
cast  on  the  ordinance,  but  shall  be  an  affirmative  vote  on 
such  ordinance  equal  to  a  majority  of  the  total  number  of 
those  cast  at  the  last  preceding  general  municipal  election. 

Charter    Amendment    Number    Fifteen 

Article  7  of  the  Charter  of  the  City  of  Palo  Alto  shall 
be  amended  by  adding  thereto  a  new  section  to  be  known 
as  section  8,  and  to  read  as  follows : 


38  THE   CITY   OF    PALO   ALTO 

Sec.  8.  The  judge  of  said  police  court  shall  have 
power  to  administer  oaths,  take  and  certify  affidavits  in 
the  same  manner  and  like  effect  as  justices  of  peace.  He 
shall  have  and  use  a  seal,  on  which  shall  be  engraved 
the  arms  of  the  State  and  the  words  "J^^^ge  of  the  Po- 
lice Court  of  the  City  of  Palo  Alto." 

He  shall  have  power  to  issue  warrants,  writs  and 
summons  in  all  respects  as  if  issued  by  the  justice  of 
peace. 

Any  warrant,  writ  or  summons  issued  out  of  said 
court  may  be  served  in  any  county  of  the  state  provided 
that  there  is  attached  to  it  a  certificate  under  seal  by  the 
county  clerk  of  Santa  Clara  County  to  the  efifect  that  the 
person  issuing  same  was  the  acting  judge  of  said  court 
at  the  time  of  the  issuance  of  said  process. 

Any  justice  of  peace  of  Palo  Alto  township  shall  pos- 
sess the  same  powers  herein  conferred  upon  the  police 
court  of  said  City,  and  in  case  of  the  disability  or  ab- 
sence, or  upon  the  request  of  the  judge  of  said  court, 
shall  act  as  judge  of  said  court;  but  the  authority  herein 
conferred  upon  said  justice  of  the  peace  shall  not  be 
construed  as  impairing,  reducing  or  taking  from  the 
police  judge  any  right,  power  or  jurisdiction  vested  in 
him. 

Charter  Amendment  Number  Sixteen 

Article  7  of  the  Charter  of  the  City  of  Palo  Alto  shall 
be  amended  by  adding  thereto  a  new  section,  to  be  known 
as  section  9,  and  to  read  as  follows: 

Sec.  9.  The  chief  of  police  shall  be  appointed  by 
the  Board  of  Public  Safety.  He  shall  have  the  same 
powers  that  are  now,  or  may  be  hereafter,  conferred  up- 
on sheriffs  by  the  laws  of  the  State,  and  shall  in  all  re- 
spects be  entitled  to  the  same  protection.  He  shall  serve, 
and  is  hereby  authorized  to  execute  and  return  all  pro- 
cesses, both  civil  and  criminal,  issued  and  directed  to 
him  by  any  legal  authority ;  and 

Whereas,  The  said  proposed  Amendments  to  the 
Charter  of  the  City  of  Palo  Alto  so  ratified  are  now  sub- 
mitted to  the  legislature  of  the  State  of  California,  for 
approval  or  rejection  without  power  of  alteration  or 
amendment  in  accordance  with  section  eight  of  article 
eleven  of  the  State  of  California. 


AMENDMENTS    TO    CHARTER  39 


State  of  California 
County  of  Santa  Clara 
City  of  Palo  Alto 

This  is  to  certify  that  we,  Charles  B.  Wing,  mayor  of 
the  City  of  Palo  Alto,  and  Frank  Kasson,  clerk  of  the 
City  of  Palo  Alto,  have  compared  the  foregoing  proposed 
and  ratified  Amendments  to  the  Charter  of  the  City  of 
Palo  Alto  with  the  original  ordinance  proposing  such 
Amendments  and  submitting  the  same  to  the  qualified 
electors  of  said  City  at  a  special  municipal  election,  call- 
ed for  that  purpose  on  Wednesday  the  ist  day  of  Febru- 
ary, 191 1,  and  find  that  the  foregoing  is  a  full,  true,  cor- 
rect and  exact  copy  thereof  and  of  each  of  them  ;  and  we 
further  certify  that  the  facts  set  forth  in  the  preamble 
preceding  such  Amendments  to  said  Charter  are  and  each 
of  them  is  true,  save  and  excepting  that  as  to  Amendment 
number  seven,  hereinbefore  separately  set  forth,  Charles 
B.  Wing,  as  mayor  of  said  City,  refuses  to  certify  said 
Amendment  number  seven  as  having  been  duly  and  legal- 
ly adopted  at  said  election  by  the  voters  of  said  City  of 
Palo  Alto,  on  the  ground  that  said  electors  were  misled 
in  casting  their  vote  on  said  Amendment  number  seven 
by  reason  of  the  fact  that  in  the  "Instructions  to  Voters" 
an  error  was  made  as  to  said  Amendment  number  seven 
only,  at  said  election  ;  that  this  reservation  or  refusal  to 
certify  as  to  Amendment  number  seven  is  made  without 
prejudice  to  Amendments  numbers  eight,  nine,  ten,  elev- 
en, twelve,  thirteen,  fourteen,  fifteen  and  sixteen  herein- 
before set  forth ; 

That  as  to  all  of  said  amendments,  except  Amendment 
number  seven,  this  certificate  shall  be  taken  as  a  full  and 
complete  certification  as  to  the  regularity  of  all  proceed- 
ings had  and  done  in  connection  therewith. 

In  Witness  Whereof,  We  have  hereunto  set  our 
hands  and  caused  the  corporate  seal  of  the  City  of  Palo 
Alto  to  be  attached,  this  9th.  day  of  February,  191 1. 

[SEAL]  CHAS.  B.  WING, 

Mayor ; 

FRANK  KASSON, 
City  Clerk  of  the  City  of  Palo  Alto. 


40  THE   CITY   OF   PALO   ALTO 

And  Whereas,  The  said  ten  amendments  so  ratified 
as  hereinbefore  set  forth  have  been  duly  presented  and 
submitted  to  the  legislature  of  the  State  of  California,  for 
approval  or  rejection  without  power  of  alteration  or 
amendment,  in  accordance  with  said  section  8  of  article 
XI  of  the  constitution  of  the  State  of  California ;  now, 
therefore,  be  it 

Resolved  by  the  Senate  of  the  State  of  California, 
the  Assembly  concurring  (a  majority  of  all  members 
elected  at  each  house  voting  for  the  adoption  of  this 
resolution  and  concurring  therein),  that  the  said  ten 
amendments  to  the  said  Charter  of  the  City  of  Palo  Alto 
hereinbefore  set  forth  as  presented  and  submitted  to, 
and  adopted  and  ratified  by  the  qualified  electors  of  said 
City,  be  and  the  same  are  hereby  approved  as  a  whole 
for,  and  as  amendments  to  the  said  Charter  of  said  City 
of  Palo  Alto. 


f^-^ 


CHARTER 


OF 


CITV  OF  SAN  ANTONIO 


Chapter  XLIV,  Special  Laws  of  28th  Legislature 
(1903,  p.  322)  as  amended  by  Act  approved 
April   13,   1907   (1907,  p.  562). 

(Effective  July  1,  1903;  Amendments  of  1907  effective  July  12,  1907.) 


Published  and  Issued  by  authority  of  the  City 
Council  of  City  of  San  Antonio 


1907 

G.  F.  8IGMUND,  PRINTING   AND   BINDING 


CHARTER  OF  CITY  OF  SAN  ANTONIO. 


Chapter  XLIV,   Special   Laws  of  28th  Legislature  (1903, 
p.  322),  as  amended  by  Act  approved  April  13,  1907 
.     (1907,  p.  562). 

(Effective  July  1,  1903;  Amendments  of  1907  eflfective  July  12,  1907.) 


ARTICLE  I.— Organization. 

Section  1.*  That  the  inhabitants  of  the  City  of  San  Antonio,  in 
Bexar  County,  State  of  Texas,  residing  within  the  territory  herein- 
after described,  shall  continue  to  be  and  are  hereby  constituted  a 
body  politic  and  corporate,  incorporated  by  the  name  of  City  of 
San  Antonio,  and  by  that  name  shall  have  perpetual  succession,  and 
shall  have,  and  shall  succeed  to  all  the  rights,  property,  real,  personal 
and  mixed,  immunities,  powers,  privileges  and  franchises  now  held, 
possessed  and  enjoyed  by  said  City  or  herein  granted  and  be  subject 
to  all  its  present  duties  and  liabilities,  subject  to  the  limitations 
prescribed  in  this  Charter,  and  may  have  a  corporate  seal,  sue  and 
be  sued,  plead  and  be  impleaded,  in  all  courts,  contract  and  be  con- 
tracted with,  ordain  and  establish  such  acts  and  regulations  and 
ordinances  not  inconsistent  with  the  Constitution  and  Laws  of  this 
State,  as  shall  be  needful  for  the  government,  interest  welfare  and 
good  order  of  said  City;  take,  hold,  acquire  and  convey,  lease  and 
dispose  of  any  property  whatever  in  said  City  limits,  and  for  sewer, 
sanitary,  cemetery  and  other  corporate  purposes,  to  acquire  neces- 
sary property  by  purchase  or  condemnation  within  or  without  the 
city  limits,  and  to  lease,  convey  and  alien  the  same  when  no  longer 
required;  provided,  that  the  city  shall  not  sell  the  present  "sewer 
farm"  containing  about  five  hundred  and  thirty  acres,  nor  rent  or 
lease  the  same  for  any  purpose  for  a  term  exceeding  one  year,  at  any 
one  time. 

•Amendment  of  1907. 


2  CHARTER   OF 

Section.  2.  The  bounds  and  limits  of  said  City,  within  which 
said  corporation  shall  have  jurisdiction,  shall  include  six  njiles  square, 
of  which  the  sides  shall  be  equi-distant  from  what  is  known  as  tlie 
cupola  of  the  cathedral  of  San  Fernando,  and  threo  miles  therefrom, 
with  lines  running  east,  west,  north  and  south,  which  bounds  shall 
be  ascertained  and  established  under  the  direction  of  the  City  Coun- 
cil; provided,  however,  that  said  City  shall  also  have  jurisdiction  ex- 
tending over  all  property  that  it  may  own  or  hereafter  acquire  for 
corporation  purposes  outside  of  the  limits  of  i^aid  City. 

Section  3.  The  City  Council  shall  divide  the  City  into  eight 
■^ards,  fixing  the  boundaries  thereof  so  that  each  ward  shall  contai}i 
as  nearly  as  possible,  the  same  number  of  electors,  the  boundaries  of 
which  wards  said  ccuncil  may  change  from  time  to  time  as  it  may 
deem  expedient.  The  council  shall  also  divide  each  ward  into  suita- 
ble election  precincts  so  that  each  precinct  shall  contain  as  nearly  as 
possible  the  same  number  of  electors,  and  the  council  may  change 
such  precincts  from  time  to  time  as  it  may  deem  expedient.  No 
change  in  wards  or  precincts. shall  be  made  within  six  months  next 
preceding  an  election  in  said  City,  and  the  present  wards  and  election 
precincts  shall  remain  as  now  fixed^  until,  in  the  judgment  of  the 
City  Council,  a  change  may  be  necessary. 

Section  4.  All  elections  shall  be  held  in  accordance  with  the 
laws  of  the  State  and  this  charter,  and  returns  of  such  elections 
shall  be  made  to  the  Mayor  in  the  same  manner  as  such  returns  are 
made  under  the  State  laws  governing  elections,  but  the  City  Council 
may  adopt  such  otlier  methods  and  regulations  to  protect  the  purity 
of  the  ballot  as  it  may  deem  proper,  not  contrary  to  the  laws  of  this 
State.  The  qualifications  of  voters  shall  be  the  same  as  are  now  or 
may  hereafter  be  prescribed  in  the  Constitution  and  laws  of  this 
State. 

Section  5.  In  elections  in  which  property  taxpayers  only  are 
allowed  to  vote  under  this  charter,  only  those  who  are 
actual  taxpayers  and  whose  names  appear  on  the  last  assessment  roll 
of  the  City  shall  be  deemed  property  tax-payers,  but  if  the  name  of 
any  person  offering  to  vote,  hte  being  otherwdse  qualified,  does  not  ap- 
pear on  said  tax  roll  and  such  person  produces  his  property  tax  re- 
ceipt of  the  preceding  year  and  makes  affidavit  that  he  has  paid 


CITY   OF    SAN    ANTONIO  3 

the  same,  he  shall  be  entitled  to  vote,  but  the  word  "sworn"  shall  be 
written  on  the  back  of  his  ballot  and  opposite  his  name  on  the  poll 

lists. 

Section  6.  All  officers  of  election  shall  be  selected  by  the 
council  and  shall  be  qualified  voters  of  said  City  and  of  the  election 
precincts  in  which  they  are  to  serve.  The  council  shall  provide  such 
compensation  for  all  officers  of  election  as  is  provided  by  the  laws  of 
the  State  and  may,  by  ordinance,  further  regulate  and  define  their 
duties  and  powers. 

Section  7.  The  municipal  government  of  said  City  shall  consist 
of  a  City  Council,  composed  of  a  Mayor,  four  aldermen  at  large,  and 
one  alderman  from  each  ward,  and  the  other  elective  officers  of  said 
City  shall  be  a  city  attorney,  an  assessior,  a  collector,  a  treasurer,  an 
auditor  and  a  judge  of  the  corporation  court. 

Section  8.  No  person  shall  be  elected  or  appointed  to  any  office 
in  said  City  unless  he  possesses  the  qualifications  of  an  elector  under 
the  laws  of  the  State  and  City,  and  has  resided  twelve  months  next 
preceding  the  election  within  the  limits  of  the  City,  and  no  person 
shall  be  elected  or  appointed  to  the  office  of  ward  alderman  unless, 
in  addition  to  the  above  qualifications  he  be  a  resident  of  the  ward 
from  which  he  may  be  elected  or  appointed  at  the  time  of  such  elec- 
tion or  appointment,  and  if  a  ward  alderman  shall  remove  from  the 
ward  from  which  he  was  elected  or  appointed  his  office  shall  be 
deemed  vacant. 

Sestion  9.*  At  each  city  election,  there  shall  be  elected  by  the 
qualified  voters  of  the  city  at  large,  a  Mayor,  four  aldermen  at  large, 
a  City  Attomiey,  an  Assessor,  a  Collector,  a  Treasurer,  an  Audito^r, 
and  a  Judge  of  the  Corporation  Court,  and  at  the  same  time  there 
shall  be  elected  eight  Ward  Aldermen,  one  to  be  elected. from  each 
ward,  by  the  qualified  voters  thereof,  and  all  such  elective  officers 
shall  qualify  in  their  respective  offices  to  which  they  have  been  elect- 
ed, on  or  within  twenty  days  after  the  first  day  of  June  after  their 
election;  and  said  officers  shall  hold  their  offices  for  two  years,  and 
until  their  successors  have  been  elected  and  qualified. 

Section  10.  All  elective  officers  of  said  City  shall  be  subject 
to  removal  or  suspension  from  office  by  the  affirmative  vote  of  eight 

♦Amendment  of   1907. 


4  CHARTER   OF 

aldermen  for  incompetency,  official  misconduct,  or  habitual  drunken- 
ness; provided,  that  no  elective  officer  shall  be  removed  or  suspended 
from  office  until  charges  in  writing  are  filed  against  him  and  he  is 
given  an  opportunity  of  a  fair  hearing  before  the  City  Council. 

Section  11.  No  member  of  the  City  Council  or  lother  city  offi- 
cial shall  hold  any  other  office  or  employment  under  the  City,  and 
no  alderman,  officer,  employe  or  servant  of  the  City  shall  be  directly 
or  indirectly  interested  in  any  purchase,  sale,  business,  work  or  con- 
tract, the  expense,  price  or  consideration  of  which  is  paid  from  the 
city  treasury,  or  by  an  asses-sment  levied  by  the  City  Council,  nor 
purchase  city  warrants  or  claims  agjjinst  the  City  or  any  interest 
therein,  nor  be  surety  of  any  person  or  persons  having  a  contract  of 
any  kind  or  business  with  the  City  for  the  performance  of  which  se- 
curity may  be  required.  Any  alderman,  officer,  servant  or  agent  of 
the  City  violating  this  section  shall  be  removed  from  office  and  dis- 
charged from  service  by  the  City  Council.  No  alderman  shall  vote 
upon  any  question  in  which  he  has  any  interest  distinct  from  that 
of  the  citizens  at  large,  but  in  such  case  he  shall  disclose  such  interest 
and  be  excused  from  voting. 

Section  12.  An  election  shall  be  held  in  said  City  and  in  each 
ward  thereof  on  the  second  Tuesday  in  May,  1905,  for  its  elective 
officers,  and  every  two  years  thereafter.  Of  such  election  at  least 
twenty  days'  previous  notice  shall  be  given  by  proclamation,  and  such 
election  shall  be  ordered  by  the  Mayor,  and  in  case  of  his  failure 
to  order  the  same,  it  may  be  ordered  by  the  City  Council  or  any  two 
members  of  the  Council,  and  the  authority  ordering  the  election 
shall  appoint  the  presiding  officers  in  each  precinct. 

Section  13.  Every  person  elected  or  appointed  to  office  in  said 
City  shall,  before  entering  upon  the  duties  of  his  office,  take  and 
subscribe  the  official  oath  prescribed  by  the  State  Constitution,  and 
shall  give  such  bond  and  security  for  the  faithful  discharge  of  his 
duties  as  may  be  required  by  the  ordinances  of  the  City. 

Section  14.  In  the  event  that  any  person  elected  to  an  office 
fails  or  refuses  to  qualify  and  act  within  the  time  herein  fixed  after 
the  official  count  and  declaration  of  the  result,  the  office  shall  be 
deemed  vacant,  and  the  Mayor  shall,  by  appointment,  fill  the  vacancy, 
subject  to  confirmation  of  the  City  Council. 


CITY   OF   SAN   ANTONIO  5 

.Section  15.  In  case  of  a  vacancy  in  the  office  of  Mayor  by  death, 
refusal  to  accept,  resignation,  removal  or  other  cause,  such  vacancy 
shall  be  filled  by  a  majority  vote  of  all  the  aldermen  elected,  and  in 
case  of  a  vacancy  in  any  other  elective  office  of  the  City,  the  Mayor 
shall  fill  such  vacancy  by  appointment,  subject  to  confirmation  by  the 
council;  provided,  that  should  a  vacancy  occur  in  the  office  of  Mayor 
prior  to  nine  months  before  any  regular  city  election,  then,  it  shall 
be  the  duty  of  the  council  to  order  an  election  to  fill  such  vacancy  in 
the  same  manner  as  a  regular  election  is  called,  and  such  election  shall 
be  governed  by  the  same  laws  as  a  regular  election. 

Section  16.  All  such  officers,  employes,  agents  and  servants 
of  the  City,  except  elective  officers,  that  may  be  deemed  necessary  by 
the  council  for  the  transaction  of  the  business  of  the  City  and  author- 
ized by  ordinance,  shall  be  appointed  by  the  Mayor  and  confirmed 
by  the  Council,  but  the  Council  may,  by  ordinance,  abolish  and  re- 
establish any  offices  and  employments  created  by  the  Council, 

Section  17.*  Any  appointive  officer,  employe,  agent  or  servant 
of  the  city,  employed  under  authority  of  the  council,  may  be  dis- 
charged from  service  by  the  Mayor  for  any  reason  he  may  deem  suf- 
ficient, and  such  appointive  officers,  employes,  agents*  and  servants, 
unless  so  dismissed  and  discharged,  or  unless  their  offices  and  em- 
ployments are  abolished  by  the  council,  shall  hold  their  offices  until 
the  next  general  city  election,  and  until  their  successors,  if  any, 
shall  be  appointed  and  qualified ;  provided  that  no  person  shall  be  dis- 
missed or  discharged  for  political  reasons;  and  provided  that  in  case 
of  discharge  of  any  appointive  officer  by  the  Mayor,  the 
Mayor  shall  file  his  reasons  in  writing  for  such  discharge  with  the 
City  Clerk  at  the  time  of  such  discharge,  and  such  reasons  shall  be 
open  for  public  inspection,  and  such  discharge  shall  be  approved  by 
a  majority  of  the  City  Council;  and  provided,  further,  that  the  City 
Council  may,  independent  of  the  above  power  of  discharge  given  the 
Mayor,  also  provide  by  ordinance,  for  the  suspenBion  or  removal, 
by  two-thirds  vote  of  the  entire  council,  of  any  appointive  office,  em- 
ploye, agent,  or  servant  of  the  city  employed  under  authority  of  the 
council,  for  incompetency,  official  misconduct  or  habitual  drunken- 
ness and  provide  for  the  temporary  suspension  of  such  officer,  em- 
ploye, agent  or  servant  during  the  pendency  of  charges  against  him. 

♦Amendment  of  1907. 


b  CHARTER   OF 

Section  18.  The  elective  officei-s  of  said  City  shall  receive  from 
the  City  the  following  annual  compensation,  payable  in  monthly  in- 
stallments, and  no  more:  The  Mayor,  thirty-six  hundred  dollars-, 
provided,  that  the  salary  of  the  Mayor  shall  not  be  paid  during  his 
absence  from  the  City,  unless  such  absence  is  on  business  of  the  city, 
or  unless  the  Mayor  is  excused  by  the  City  Council ;  the  auditor,  two 
thousand  dollars;  the  city  attorney,  two  thousand  dollars;  the  judge 
of  the  corporation  court,  twelve  hundred  dollars;  the  treasurer, 
twelve  hundred  dollars;  the  assessor  two  thousand  dollars;  the  col- 
lectors, twenty-five  hundred  dollars;  the  mayor  pro  tempore  shall  re- 
ceive the  same  salary  as  the  mayor  when  acting  as  such,  in  addition 
to  his  salary  as  alderman,  but  shall  not  receive  both  salaries  for  the 
same  day;  and  each  alderman  five  dollars  for  every  meet- 
ing of  the  council  attended,  and  aldermen  shall  be  exempt  from  jury 
service.  The  salaries  and  wages  of  all  other  officers,  employes,  agents 
and  servants  of  the  City  shall  be  fixed  by  the  Council.  The  prtsvisions 
of  this  section  regulating  salaries  of  elective  officers  shall  not  take 
effect  until  the  next  general  city  election,  and  until  said  time  sai<i  elec- 
tive officers  shall  receive  the  salaries  that  they  are  now  receiving. 

Section  19.  The  City  Council  shall  have  the  care,  management, 
and  control  of  the  City  and  its  finances,  and  a  majority  of  all  the 
aldermen  elected  shall  constitute  a  quorum  for  the  transaction  of  all 
business,  except  for  the  imposition  of  taxes,  the  granting  of  franchises 
and  the  appropriation  of  money,  in  which  case  not  less  than  eight 
aldermen  present  and  voting  shall  constitute  a  quorum,  and  no  tax 
shall  be  imposed,  franchise  granted  or  money  appropriated  except 
upon  the  affirmative  vote  of  at  least  eight  aldermen. 

Section  20.  The  City  Council,  or  a  majority  thereof,  may  act 
by  resolution  in  all  cases  except  where  an  ordinance  is  by  this  Act 
required;  provided,  that  no  contract  on  the  part  of  the  City  shall 
be  made  or  authorized,  nor  any  money  appropriated  from  the  funds 
of  the  City  nor  any  franchise  or  privilege  for  the  use  of  any  of  the 
public  streets  or  other  public  places  of  said  City  be  granted  or  extend- 
ed, nor  any  lands  of  said  City  be  conveyed  or  leased,  nor  authority 
for  such  conveyance  ot  lease  given  otherwise  than  by  ordinance. 

Section  21.  The  City  Council  shall  consist  of  the  Mayor  and 
twelve  aldermen,  and  shall  meet  at  such  times  and  places  as  shall  be 


CITY  OF  SAN   ANTONIO  7 

determined  by  ordinance  or  resolution,  and  shall  hold  regular  meet- 
ings at  stated  times  at  least  once  in  each,  month,  and  any  three  alder- 
men may  call  a  special  meeting  of  the  epiuncil  stating  the  object  of 
such  call.  The  council  shall  have  power  to  prescribe,  by  ordinance, 
rules  and  regulations  for  its  government  while  in  session,  and  the 
manner  in  which  all  business  may  come  before  -it,  and  shall  have 
power  to  enforce  such  rules  and  to  compel  the  attendance  of  absent 
members.  The  Mayor  shall  preside  at  all  meetings  of  the  council, 
but  shall  nqt  have  a  vote  except  in  eases  where  a  majority  is  sufficient 
to  decide  the  matter  in  issue,  and  there  shall  be  a  tie,  in  which  case, 
he  shall  cast  the  deciding  vote.  All  aldermen  voting  at  a  meeting  of 
the  City  Council  shall  vote  by  yea  and  nay  upon  all  questions  when 
demanded  by  one  member  and  the  yeas  and  the  nays  shall  be  entered 
upon  the  minutes. 

Section  22.  The  City  Council  at  the  first  meeting  after  the 
election,  or  as  soon  thereafter  as  practicable,  shall  elect  one  of  the 
aldermen  to  act  as  Mayor  prot  tempore,  who,  during  the  absence  or 
inability  of  the  Mayor,  shall  perform  the  duties  of  the  Ma,yor.  In 
the  absence  or  inability  lof  both  the  Mayor  and  Mayor  pro  tempore, 
the  council  may  elect  some  alderman  to  perform  their  duties,  but  the 
^layor  pro  tempore  or  such  aldermen  acting  as  Mayor  shall  vote  in 
the  council  on  all  questions  only  as  alderman. 

Section  23.  The  Mayor  of  said  City  shall  be  the  chief  executive 
of  said  corporation,  and  shall  be  vigilant  and  active  at  all  times  in 
causing  the  laws  to  be  enforced  and  the  ordinances  of  said  City  to  be 
duly  executed.  'He  shall  have  power,  whenever  the  good  of  the  City 
shall  require  it,  to  summon  special  meetings  of  the  _  City  Council, 
specifying  the  purpose  of  such  call,  and  he  shall  from  time  to  time 
communicate  to<  the  council  all  such  information  and  recommend 
such  measures  as  may  tend  to  the  improvement  of  the  finances,  police, 
health,  cleanliness,  comfort,  ornament  and  general  welfare  of  the 
City. 

Section  24.  The  Mayor  shall  sign  the  commissions  of  all  per- 
sons elected  or  appointed  in  the  city  government,  and  all  warrants 
drawn  upon  the  treasurer,  and  all  such  commissions  and  warrants 
shall  be  attested  by  the  city  clerk.  He  shall  have  power  when  he 
deems  it  necessary,  to  require  any  officer  to  exhibit  his  accounts  or 


8  CHARTER   OF 

other  papers,  and  make  report  to  the  council  in  writing,  touching 
any  subject  or  matter  pertaining  to  his  office. 

Section  25.  The  Mayor  shall  be  a  conservator  of  the  peace 
throughout  the  City,  and  shall  at  all  times  have  power  to  appoint  any 
number  of  special  policemen  that  he  may  "deem  necessary  to  preserve 
the  peace  of  the  City,  and  dismiss  the  same  at  pleasure.  He  may  call 
on  every  male  inhabitant  of  the  City  over  eighteen  years  of  age  and 
under  fifty  years  of  age  to  aid  in  enforcing  the  laws  and  ordinances 
of  the  City,  and,  in  case  of  necessity,  to  call  out  the  militia  within  the 
City  to  aid  in  the  suppression  of  any  riot,  or  in  tlie  enforcement  of  the 
city  ordinances;  and  any  person  who  shall  not  obey  such  call,  shall 
be  liable  to  such  fine  as  may  be  provided  by  the  council.  The  Mayor 
shall  also  have  the  power  to  remit  fines  and  to  grant  pardons  for  all 
offences  arising  under  the  ordinances  of  the  City. 

Section  26.  The  Mayor  shall  have  the  power  to  veto  any  ordi- 
nance or  resolution  adopted  by  the  City  Council  at  any  time  before 
the  next  regular  meeting  of  the  council  after  the  passage  of  such  or- 
dinance or  resolution.  If  the  Mayor  shall  fail  within  said  time  to 
veto  such  ordinance  or  resolution  and  return  the  same  with  his  ob- 
jections to  the  council  at  its  next  regular  meeting,  the  same  shall 
take  effect  without  his  approval.  If  the  Mayor  shall  veto  such  ordi- 
nance or  resolution  and  return  the  same  to  the  council  at  its  next  reg- 
ular meeting  and  eight  or  more  of  the  aldermen  agree  to  pass  the 
same,  and  cause  their  votes  to  be  so  entered  on  the  journal  of  the  pro- 
ceedings, such  ordinance  or  resolution  shall  become  effective  without 
the  Mayor's  approval. 

Section  27.  The  Mayor  shall,  from  time  to  time,  make  such 
recommendations  to  the  council  as  he  may  deem  to  be  for  the  welfare 
of  the  City,  and  he  shall,  each  year,  immediately  before  taxes  are 
levied,  submit  to  the  council  an  annual  budget  of  the  current  expenses 
of  the  City,  itemized  by  departments,  and  include  such  an  amount 
for  contingent  expenses  as  he  may  deem  necessary;  provided,  that  the 
City  Council  shall  have  the  power  to  increase,  diminish  or  omit  any 
item  in  such  budget. 

Section  28.  The  mayor  shall,  within  thirty  days  after  the  close 
ot  each  fiscal  year,  cause  to  be  published  in  pamphlet  form  for  general 
distribution,   an  exhibit  of  the  financial  condition  of  the   Citv  for 


CITY   OF    SAN   ANTONIO  9 

such  fiscal  year.  Such  exhibit  shall  specify  the  amount  of  receipts 
of  the  year  and  the  sources  thereof,  the  amount  of  expenditures  in 
each  department  of  the  City  and  for  what  purposes  such  expenditures 
were  made,  the  conditions  of  each  fund,  and  such  other  data  as  to  give 
a  full  and  complete  financial  statement  of  the  year. 

Section  29.  The  city  attorney  shall  represent  the  City  in  all 
litigation  to  which  the  City  may  be  a  party,  except  in  cases  in  the 
corporation  court  and  cases  appealed  therefrom,  but  he  shall  have 
supervision  of  all  such  cases.  He  shall  give  his  opinion  when  called 
upon,  on  all  legal  questions  arising  under  the  city  government,  and 
attend  meetings  of  the  City  Council  to  give  his  advice  and  counsel  upon 
the  legal  aspects  of  'any  question  pending  before  them,  when  so 
requested. 

Section  30.  The  city  assessor  shall  make  up  the  assessment  of 
all  property  taxed  by  the  City  in  accordance  with  this  charter.  It 
shall  be  his  duty  to  assess  within  the  time  herein  fixed,  all  property 
subject  to  taxation  in  said  city,  whether  the  same  be  rendered  to  him 
or  not,  and  to  make  out  a  list  of  the  same,  and  of  the  persons  chargeable 
with  a  poll  tax.  He  shall  as.sess  ^11  property  at  its  face  value,  giving 
the  value  of  lands  and  improvements  separately,  and  shall  also  assess 
personal  property  of  whatever  nature,  including  franchises,  privileges 
and  choses  in  action.  He  shall  describe  all  property  assessed  suffi- 
ciently to  identify  the  same,  giving  the  name  of  the  last  known  owner 
thereof,  and  if  the  owner  is  unknown,  he  must  state  that  fact.  He 
shall  assess  property  which  has  been  omitted  from  assessments  during 
past  years  upon  the  next  assessment  roll  after  discovering  that  fact, 
and  at  the  same  rate  such  property  should  have  been  assessed  for  such 
past  years,  giving  the  year  for  which  it  is  assessed,  and  the  taxes 
tliereon  shall  be  collected  thereon  in  the  same  manner  as  other  as- 
sessments. The  assessment  rolls  and  tax  receipts  shall  be  made  up 
and  filed  with  the  auditor  on  or  before  the  first  day  of  April  of  each 
year.  In  addition  to  these  powers,  the  assessor  shall  have  all  the 
rights  that  are  now  or  may  be  hereafter  conferred  upon  county  as- 
sessors of  this  State,  and  shall  perform  such  other  duties  as  may  be 
prescribed  by  the  City  Council. 

Section  31.  The  city  collector  shall  collect  all  ad  valorem,  poll 
and  occupation  taxes  and  other  license,  fees  and  dues  as  may  be  pre- 


10  CHARTER   OF 

scribed  by  the  City  Council,  and  give  receipts  therefor  upon  receipts 
turnislied  him  through  the  auditor's  office.  He  shall,  on  each  IMonda^y, 
furnish  a  statement  to  the  auditor,  showing  the  total  collections  made 
by  him  during  the  previous  week  and  the  funds  to  which  they  be- 
long, and  shall  deposit  with  the  treasurer  weekly,  by  means  of  de- 
posit warrants,  all  moneys  collected  during  the  previous  week.  He 
shall  keep  a  daily  cash  book  in  his  office,  showing  by  items  his  daily 
receipts,  and  make  to  the  auditor  weekly,  monthly  and  annual  reports 
o±  all  collections  made,  and  lite  shall  perform  such  other  duties  and 
follow  .such  other  rules  and  regulations  in  the  transaction  of  the  bus- 
iness of  his  office  as  may  be  prescribed  by  the  City  Council. 

Section  32.  The  treasurer  shall  receive  all  money  paid  to  him 
on  behalf  of  the  City,  gi^dng  receipts  therefor,  and  deposit  the  same  in 
the  depositories  designated  by  the  City  Council,  and  pay  out  the  same 
only  upon  warrants  signed  by  the  Mayor  and  attested  by  the  city  clerk. 
He  shall  keep  regular  and  correct  accounts  with  all  funds  established 
by  the  council,  and  shall  render  to  the  auditor  full  and  correct  quar- 
terly statements  of  all  his  receipts  and  payments  by  funds,  and  to 
each  quarterly  report  he  shall  attach  the  affidavit  of  some  officer  of 
the  bank  or  trust  company  wherein  such  deposits  have  been  made  that 
the  moneys  as  shown  by  his  quarterly  report  are  to  his  credit  in  said 
bank  or  trust  company.  He  shall  at  all  times  give  statements  to  the 
City  Council  about  any  matter  in  his  office,  make  such  reports  as  they 
may  direct  and  perform  such  other  duties  as  may  be  prescribed  by  the 
council. 

Section  33.*  The  auditor  shall  be  an  expert  book-keeper,  and 
shall  be  the  general  accountant  of  the  city,  shall  keep  regular  a.^^dunts 
of  all  receipts  and  disbursements,  including  accounts  with  every  ot- 
iicial  collecting  money  for  the  use  of  the  city,  examine  all  bills  and 
accounts  presented  for  payment,  keep  separate  accounts  with  each 
special  fund,  prepare  all  warrants  ordered  by  appropriation  by  the 
council,  make  out  all  deposit  warrants  for  money  to'  be  deposited  with 
the  Treasurer,  and  examine  and  audit  the  books  and  accounts  of  all 
city  officials.  At  the  end  of  each  quarter  of  the  fiscal  year  he  shall 
make  a  statement  showing  the  financial  condition  of  the  city,  and 
of  each  fund,  the  receipts  and  disbursements  during  the  quarter,  and 
the  departments  wherein  such  expenditures  were  made,  giving  the 

♦Amendment  of   1907. 


CITY    OF   SAN    ANTONIO  11 

amount  expended  by  each,  including  approved  vouchers  against  the 
city,  the  source  of  all  receipts,  the  number  and  date  of  each  warrant 
drawn,  the  amount  thereof,  the  name  of  the  person  to  whom  the  same 
was  issued,  the  fund  from  which,  and  the  purpose  for  which  it  was 
drawn.  He  shall  xhen,  and  within  ten  days .  thereafter,  publish  in  a 
daily  newspaper  of  the  City  of  San  Antonio  a  recapitulation  of  such 
statement,  showing  in  condensed  form,  the  financial  condition  of  the 
city  and  of  each  fund,  the  receipts  and  disbursements  during  such 
quarter,  and  the  departments  wherein  such  expenditures  were  made, 
giving  the  amount  expended  by  each.  Tlie  Auditor  shall  perform 
such  other  duties  and  follow  such  regulations  as  may  be  prescribed 
by  the  City  Council. 

Section  34.  The  judge  of  the  corporation  court  sliall  preside 
over  the  corporation  court  as  judge,  and  such  court  shall  have  such 
jurisdiction  and  powers  as  are  now  or  may  hereafter  be-  conferred 
upon  corporation,  Mayors'  or  recorders'  courts  by  the  laws  of  thi-^ 
State.  The  recorder  shall  not  be  entitled  to  any  fees  and  he  shall 
hold  the  court  at  such  times  as  may  be  prescribed  by  the  council,  and 
m  his  absence  or  disability,  the  court  shall  be  hvsld  by  .the  Mayor  pro- 
tempore,  or  some  alderman  elected  by  the  council. 

GENERAL  PROVISIONS. 

Section  35.  The  style  of  all  ordinances  shall  be  "Be  it  ordained 
bj^  the  City  Council  of  the  City  of  San  Antonio,"  but  this  may  be 
omitted  where  the  ordinance  is  published  in  form  of  book  or  pamphlet. 
Every  ordinance  shaU  be  read  at  three  several  regular  meetings  of  the 
council,  and  no  ordinance  shall  be  passed  by  the  council  unless  und 
until  it  shall  have  been  read  at  three  such  meetings;  provided,  how- 
ever, this  rule  may  be  suspended  by  the  affirmative  vote  of  eight  al- 
dermen, in  which  event  an  ordinance  may  be  read  three  several  times 
and  passed  at  one  regular  meeting  of  the  council. 

Section  36.  All  ordinances  and  resolutions  shall  go  into  effect 
on  the  day  of  their  approval  by  the  Mayor,  or  on  the  day  of  their 
passage  over  the  IMayor's  veto,  as  herein  provided,  unless  such  ordi- 
nance or  resolution  shall  in  terms  provide  otherwise;  provided,  how- 
ever, that  all  penal  ordinances  for  the  violation  of  which  a  fine  may 
be  imposed  by  the  judgment  of  the  corporation  court,  shall  not  go 


12  J  CHARTER   OF 

into  effect  until  the  tenth  day  after  their  approval  by  tho  mayor  or 
passage  by  the  council  without  such  approval,  nor  until  they  have 
been  published  at  least  ten  times  in  some  newspaper  published  in 
said  City.  The  fact  of  such  publication  may  be  proven  by  the  af- 
fidavit of  the  publisher,-  to  be  returned  to  the  city  clerk  and  by  him 
to  be  recorded  in  the  book  of  ordinances,  or  by  certified  copy  of  such 
affidavit  under  hand  of  the  city  clerk  and  seal  of  the  City,  or  by 
other  competent  evidence.  The  City  Council  shall  cause  all  of  the 
general  ordirta,nces  of  the  City  to  be  published  in  pamphlet  form,  and 
printed  copies  thereof,  purporting  to  be  issued  by  the  City,  shall  be 
prima  facie  evidence  of  such  ordinance  and  publication,  and  the  same 
shall  be  admissible  in  evidence  in  all  courts  without  further  proof. 

Sectiooa  37.  Certified  copies  of  the  records,  papers  and  books  of 
the  city  officers  shall  be  admissible  in  evidence  when  certified  to  by 
the  custodian  of  such  papers,  books  and  records,  and  attested  by  him 
under  his  seal,  if  he  have  one ;  provided,  that  for  issuing  such  certifi- 
ed copies  the  City  sl^all  receive  such  fees  as  may  be  provided  by 
ordinance. 

Section  38.  Every  citizen  shall,  during  office  hours,  have  the 
right  to  examine  any  and  all  books,  vouchers,  records  and  papers 
belonging  to  the  City  and  in  custody  of  any  of  its  officers,  and  shall 
have  the  right  tO'  take  copies;  and  it  shall  be  the  duty  of  the  proper 
custodian  of  such  papers  and  records  to  produce  and  exhibit  any 
such  papers  or  records  demanded  to  be  inspected  by  any  such  citizen. 

Section  39.  The  head  of  each  department  of  the  City  govern- 
ment shall  make  to  the  Mayor,  each  and  every  year  at  such  times  as 
he  may  request  it,  a  report,  showing  the  operations  of  the  department 
for  the  preceding  year,  and  accompanying  such  report  and  submitted 
therewith  shall  be  a  detailed  estimate  of  the  operating  and  contingent 
expenses  of  the  department  for  the  current  year.  These  reports 
shall  be  transmitted  by  the  Mayor  and  be  made  a  part  of  the  Mayor 's 
report  to  the  council,  which  report  shall  be  made  not  later  than  the 
first  day  of  March  of  each  and  every  year,  at  wftiich  time  the  Mayor 
shall  make  up  and  transmit  to  the  council  the  annual  budget,  with 
such  recommendations  concerning  the  increasing  or  decreasing  of 
department  estimates  as  in  his  judgment  may  best  serve  the  interest 
of  the  Citv. 


CITY   OF   SAN   ANTONIO  IB 

Section  40.  Any  debt  hereafter  contracted  by  any  officer  of 
the  City,  or  by  any  person  on  account  of  the  City,  the  payment  of 
which  has  not  been  previously  provided  for  by  ordinance  duly  adopted 
by  the  City  Council,  shall  be  absolutely  null  and  void  and  uncol- 
lectable  at  law^  or  in  equity,  and  it  shall  be  the  duty  of  the  city  attor- 
ney to  plead  this  statute  to  defeat  the  collection  or  enforcement  of 
any  such  claim  or  debt. 

Section  41.  No  officer  of  the  City  shall  evei'  be  entitled  to 
costs  or  fees  of  office  except  for  the  use  of  the  City,  and  all  penalties, 
forfeitures,  fines,  costs  and  fees  of  office  to  accrue  hereafter,  shall 
be  paid  into  the  city  treasury,  and  no  money  shall  be  drawn  from  the 
treasury  except  in  the  pursuance  of  a  specific  appropriation  of  the 
council;  nor  shall  any  appropriation  for  private  or  individual  pur- 
poses be  made. 

Section  42.  No  execution  shall  be  issued  or  levied  by  virtue 
of  any  judgment  that  may  be  recovered  against  the  City,  but  the  <'nun- 
cil  shall  provide  for  the  payments  of  judgments  in  the  levying  of 
taxes  next  after  the  final  recovery  of  such  judgments  from  the  City. 
No  person  shall  be  incompetent  as  a  judge,  justice  or  juror  by  reason 
of  his  being  an  inhabitant  or  freeholder  in  said  City  or  subject  to  tax- 
ation by  said  City  in  any  action  or  proceeding  in  which  said  City 
may  be  a  party  at  interest;  and  no  police  officer  shall  be  liable  for 
damages  for  any  act  committed  in  the  proper  discharge  of  his  duties. 

Section  43.  Lands,  houses,  moneys,  debts  due  the  City,  personal 
and  real  property,  and  assets  of  every  description  belonging  to  the 
City,  shall  be  exempt  from  execution  and  sale ;  but  the  City  shall  make 
provision,  by  taxation  or  otherwise,  lor  the  payment  of  any  and  all 
indebtedness  due  [by]  the  City. 

Section  44.  No  writ  of  garnishment  shall  issue  against  the  City 
to  subject  or  seize  any  debt  due  or  which  may  hereafter  become  due 
from  the  City  to  any  person  or  corporation,  or  any  claim  or  demand 
upon  any  fund  in  the  hands  of  said  City  or  any  of  its  officers;  nor 
shall  the  City  or  any  of  its  officers  or  agents,  be  required  to  answer 
any  writ  of  garnishment. 

Section  45.  The  City  shall  not  be  required  to  give  any  bond 
for  security  for  costs  or  any  other  security  in  any  suit  or  action  brought 


14  CHARTER   OF 

by  or  against  it,  or  in  any  proceeding  to  which  it  may  be  .a  part}'  in 
any  court  in  this  State;  and  said  City  shall  have  the  remedies  of  ap- 
peal and  writ  of  error  to  all  courts  in  this  State  without  bond  or  se- 
curity of  any  kind,  but  said  City  shall  be  liable  in  the  same'  manner 
and  to  the  same  extent  as  if  the  bond,  undertaking  or  security  requir- 
ed in  other  cases  had  been  really  executed  and  given. 

Section  46.*  Before  the  City  of  San  Antonio  shall  be  liable  for 
damages  of  any  kind,  the  person  injured,  or  some  one  in  behlalf  of  such 
person,  shall  give  the  Mayor  notice  in  writing  of  such  injury  within 
sixty  days  after  the  same  has  been  received,  stating  in  such  notice 
when,  where  and  how  the  injury  occurred  and  the  extent  thereof; 
provided,  however,  that  in  no  event  shall  the  City  of  San  Antonio 
be  liable  in  damagesi  to  any  one  on  account  of  any  defect  in,  obstruc- 
tion on,  or  anything  else  in  connection  with  any  sidewalk  in  the  city. 
And  provided  further,  that,  in  order  to  hold  the  City  of  San  Antonio 
liable  in  damages  to  any  one  on  account  of  any  injury  caused  by  any 
defect  in,  obstruction  on,  or  anything  else  in  connection  with  any 
street  outside  of  the  side  walks  along  the  same,  it  must  be  shown 
that  the  IMayor  or  some  person  having  superintendence  and  control 
of  work  on  the  streets  for  the  city  had  actual  knowledge  or  actual 
notice  of  such  defect,  obstruction  or  ether  tiling  for  a  sufticient  length 
of  time  before  such  injury  was  received,  to  haye  remedied  such  condi- 
tion of  the  street  before  the  injury  was  received,  or  by  exercise  of 
ordinary  care  and  diligence  might  have  ascertained  the  existence  of 
such  defect  or  obstruction. 

Section  47.'.  Upon  recommendation  of  the  city  attorney,  the 
City  Council  may  compromise  any  suit  filed  by  or  pending  against  the 
City,  but  in  all  such  cases  the  city  attorney  shall  file  with  the  city 
clerk  his  reasons,  in  writing,  for  such  compromise. 

Section  48.  All  rights,  actions,  penalties,  and  forfeitures  in 
suits  or  othenvise  which  have  accrued  under  the  law  heretofore  in 
force,  shall  be  vested  in  and  possessed  by  thte  corporation  hereby 
created,  and  no  suit  pending  shall  be  affected  by  the  passage  of  this 
Act,  but  the  same  shall  be  prosecuted  or  defended,  as  the  ease  may  iie, 
by  the  corporation  hereby  created. 

♦Amendment  of  1907. 


CITY   OF    SAN    ANTONIO  15 

Section  49.  The  cemetery  lots  which  have  been  or  may  here- 
after be  laid  out  and  sold  by  said  City  for  private  places  of  burial, 
shall,  with  the  appurtenances,  forever  be  exempt  from  taxes,  execu- 
tions, attachments  and  forced  sales. 

Section  50.  The  present  elective  officers  of  the  City  of  San  An- 
tonio shall  continue  to  perform  the  duties  of  their  offices,  unless 
removed  as  herein  provided,  until  the  next  general  election  under 
this  charter,  and  all  ordinances  of  the  City  of  San  Antonio  now  in 
force  not  contrary^  to  the  provisions  of  this  Act  and  the  laws  of  this 
State,  shall  continue  in  force  until  repealed. 

ARTICLE  II. 

POWERS   OF    CITY   COUNCIL.. 

Section  51.  The  City  Council  shall  have  the  care,  management 
and  control  of  the  City,  its  property  and  finances,  and  shall  have 
power  to  enact,  ordain,  alter,  modify  or  repeal  any  and  all  ordinances 
not  repugnant  to  this  charter  and  the  Constitution  and  laws  of  the 
State,  and  shall  have  power,  by  ordinance : 

Section  52.*  To  provide  for  the  payment  of  the  current  expenses 
of  the  City,  and  direct  that  warrants  be  drawn  for  the  same  against 
the  current  revenue  of  the  current  fiscal  year,  and  every  warrant  so 
drawn  against  said  revenue  shall  be  a  lien  upon  said  revenue  of  said 
fiscal  year  whenever  the  same  may  be  collected,  and  the  said  warrant 
shall  be  numbered  and  paid  in  the  order  of  numbers  and  months; 
that  is,  the  warrants  drawn  for  the  current  expenses  of  the  first  month 
of  the  fiscal  year  shall  be  paid  before  any  warrants  drawn  for  the 
current  expenses  of  the  second  month  of  the  fiscal  year,  and  so  on 
throughout  the  year.  Warrants  drawn  for  the  current  expenses  of  a 
fiscal  year  shall  not  exceed  the  amount  of  income  for  such  fiscal  year, 
and  such  income  shall  be  based  upon  the  assessed  values,  the  tax  rat'^ 
thereon  and  other  revenue  of  the  city  from  other  sources.  The  rev- 
enue and  income  of  the  city  for  any  fiscal  year  shall  not  be  used  for 
the  payment  of  any  debts  or  obligations  incurred  in,  for,  or  during 
any  other  fiscal  year  until  all  current  debts  and  obligations  for  such 
year  have  first  been  paid. 

♦Amendment  of   1907. 


16  CHARTER   OF 

Section  53.*     To  borrow  money  on  the  credit  of  the  city  and  issue 
bonds  therefor  for  permanent  public  improvements;  but,  every  propo- 
sition to  borrow  money,  as  aforesaid,  shall  be  submitted  to  the  quali- 
fied tax  paying  voters  of  the  city,  and  sHHall  distinctly  specify  the 
purposes  for  which  the  loan  is  desired,  and  the  permanent  public 
improvements  to  be  constructed;  and  if  said  proposition  be  sustained 
by  a  majority  of  the  votes  cast,  such  loan  shall  be  lawful;  provided, 
that  several  improvements  of  different  and  distinct  character  and 
nature  may  be  submitted  in  one  proposition.     All  bonds  shall  specify 
for  what  purpose  they  were  issued,  and,  when  sold,  shall  net  the  city 
not  less  than  their  par  value,  with,  accrued  interest  to  the  date  of 
payment  of  the  proceeds  into  the  city  treasury,  and  the  bends  ma^  be 
negotiated  in  lots,  as  the  City  Council  may  determine  and  direct.  No 
debt  shall  be  contracted  for  the  payment  whereof  such  bonds  or  lot 
thereof  are  issued  until  such  bonds  or  lot  thereof  shall  have  been  dis- 
posed of  and  the  proceeds  paid  into  the  city  treasury,  or  the  con- 
tractor undertaking  such  public  improvements  shall  agree  to  take  said 
bonds  in  payment  for  the  work  to  De  performed;  and  no  debt  shall 
ever  be  created  by  said  citj?^  unless  at  the  same  time  provision  be  made 
to  assess  and  collect  annually  a  sufficient  sum  to  pay  the  interest 
thereon  and  create  a  sinking  fund  of  at  least  two  per  cent  thereon. 
The  interest  and  sinking  fund  shall  not  be  diverted  or  used  for  any 
other  purpose  than  to  pay  the  principal  and  interest  on  such  bonds 
and  the  city  treasurer  shaii  honor  no  draft  drawn  on  said  fund  ex- 
cept to  pay  the  interest  or  to  redeem  the  bonds  for  which  it  wms  provid- 
ed.    The  rate  of  tax  for  interest  and  sinking  fund  on  the  outstanding 
bonded  debt  of  the  city  shall  never  exceed  sixty  cents  on  the  one  hun- 
dred dollars  valuation  annually,  and  the  rate  of  interest  paid  shall  not 
exceed  five  per  cent  and  no  loan  f^all  be  made  for  any  other  purpose 
or  purposes  than  those  connected  with  the  corporation  of  said  city. 
No  loan  shall  be^made  to  aid  any  private  enterprise,  railroad  or  un- 
dertaking not  under  the  management  and  con|trol  of  the  City  Council - 
The  sinking  fund  for  the  redemption  of  any  loan  or  debt  shall  be  in- 
vested as  fast  as  it  accum<ulates.  in  United  States  interest  bearing 
bontis,  or  bonds  of  the  State  of  Texas,  or  of  Bexar  County,  Texas,  or 
in  bonds  of  the  city,  or  of  any  improvement  district  thereof,  and  the 
interest  of  such  bonds  shall  be  re-invested,  and  such  bonds  shall  be 

•Amendment  of   1907. 


CITY   OF   SAN   ANTONIO  17 

sold  when    necessary    to    pay    interpst    or    principal    of  the  bonds 
issued  under  the  provisions  of  this  scctioii. 

Section  54.  To  borroAv  money  on  the  credit  of  any  improvement 
district  of  the  City  and  issue  bonds  therefor  for  permanent  public  im- 
provements in  such  district,  and  to  this  end^the  council  may  divide  the 
City,  or  any  portion  thereof,  into  improvement  districts,  clearly  defin- 
ing the  limits  of  each  district ;  but  every  proposition  to  borrow  money 
on  the  credit  of  any  improvement  district  for  permanent  public  im- 
provements therein  shall  be  submitted  to  the  qualified  tax-paying 
voters  living  and  owning  property  in  such  district,  and  shall  distinctly 
specify  the  purposes  for  which  the  loan  is  desired  and  the  permanent 
public  improvements  to  be  constructed,  but  several  improvements  of 
different  and  distinct  character  and  nature  may  be  submitted  in  one 
proposition.  If  said  proposition  be  sustained  by  a  majority  of  the 
votes  cast  in  such  election  in  such  district,  such  loan  shall  be  lawful. 
All  bonds  shall  specify  for  what  purpose  they  were  issued,  shall  bear 
interest  at  a  rate  not  greater  than  five  per  cent  per  annum,  and, 
when  sold,  shall  net  not  less  than  par  value,  with  accrued  interest 
to  date  of  payment  of  the  proceeds  into  the  city  treasury,  and  such 
bonds  may  be  negotiated  in  lots,  as  the  City  Council  may  decree.  No 
debt  shall  be  contracted  for  the  payment  whereof  such  bonds  are 
issued  until  such  bonds  shall  have  been  disposed  of,  and  no  debt 
shall  ever  be  created  against  any  such  improvement  district  unless 
at  the  same  time  provision  be  made  to  assess  and  collect  annually 
upon  the  property  in  such  improvement  district  a  sum  sufficient  to 
pay  the  interest  on  such  bonds  and  create  a  sinking  fund  of  at  least 
two  per  cent  thereon.  The .  interest  and  sinking  fiuid  tax  which 
shall  be  collected  annually  from  the  property  in  such  improvement 
district  for  such  bonds  shall  be  in  addition  to  the  other  current  taxes, 
levied  by  the  City,  and  shall  be  kept  separate  by  the  city  treasurer 
from  other  funds,  and  shall  not  be  diverted  or  used  for  any  other  pur- 
pose than  to  pay  interest  and  principal  on  such  bonds  and  the  city 
treasurer  shall  honor  no  draft  on  said  fund  except  to  pay  the  interest 
and  redeem  the  bonds  for  which  it  was  provided.  The  sinking  fund 
for  such  bonds  shall  be  invested  as  provided  in  section  53  of  this 
charter,  or  bonds  of  such  improvement  district.  The  tax  levied  for 
interest  and  sinking  fund  for  bonds  issued  for  permanent  public  im- 
provements in  any  district  shall  not  exceed  twenty-five  cents  on  the 
one  hundred  dollar  valuation  annually. 


18  CHARTER   OF 

Section  55.  To  provide  for  the  pa^Tiient  of  the  debts  and  ex- 
penses of  the  City  and  to  issue  refunding  bonds  for  the  purpose  of 
redeeming  bonds  bearing  a  higher  rate  of  interest  or  paying  matured 
bonds :  but  the  bonded  debt  of  the  City  shall  not  be  increased,  nor  any 
other  evidence  of  debt  issued,  unless  authorized  by  a  vote  of  the 
qualified  property  taxpayera;  as  hereinbefore  i)rovided,  except  as  pro- 
vided for  in  section  52  hereof;  and  the  bonded  debt  of  the  City 
shall  never  exceed  ten  per  cent  of  the  total  assessed  value  ©f  the 
property  in  the  City  according  to  the  last  assessment  roll;  provided, 
tihat  in  estimating  the  total  bonded  debt  of  the  City,  the  bonded 
debt  of  any  improvement  district  shall  not  be  counted. 

Section  56.*  To  regulate  and  prescribe  the  duties  and  powers, 
and  compensation  of  all  appointed  officers,  agents  and  employes 
of  the  city,  and  to  require  bonds  of  all  officers  or  agents  of  the  city, 
whether  elected  or  appointed;  to  create  any  office  or  agent  deemed 
necessary  for  the  good  government  and  interest  of  the  city,  and  to 
change  and  prescribe  additional  duties  of  all  officers  and  agents ;  proi- 
vided,  that. the  powers  prescribed  by  this  charter  for  elective  officers 
shall  not  be  diminished,  and  provided  further,  that  the  City  Clerk 
and  all  of  his  assistants  shall  have  power  to  administer  oaths  and 
affirmations,  and  give  certificates  thereof. 

Section  57.     To  provide  the  City  and  its  inhabitants  with  water 

and  light  for  public  and  private  use,  and  to  this  end  the  council 

shall  have  power  to  provide  for  the  construction  by  the  City  or  any 

person  for  it,  a  water  and  electric  light  or  gas  plant,  or  a  combined 

plant  for  any  and  all  said  purposes ;  to  purchase  any  such  plants  that 

are  now  or  may  hereafter  be  erected  in  said  City;  to  regulate  and 

prescribe   the   rates,   prices   and  terms   at  which   water,    electricity 

and  gas  shall  be  furnished  for  public  and  private  purposes  to  the 

City  and  its  inhabitants  by  water,  electric  light  and  gas  companies, 

public  or  private,  that  are  now  or  may  hereafter  be  established  in 

said  City;  to  oointract  with  water,  electric  and  gas  companies   for 

furnishing  water,  electricity  and  gas  to  the  city  for  public  purposes. 

Section  58.     To  build,  construct,  contract  to  h)  constructed,  or 

acquire  any  of  the  public  utilities  of  the  City,  such  as  gas,  water, 

telephone,  street  railway  and  electric  plants,  subways  or  underground 

conduit  systems   for   electric   light,   power,   telephone,   telegraph,   or 

*Amendment  of  1907. 


CITY   OF   SAN   ANTONIO  19 

Other  wires  used  for  the  purpose  of  transmitting  an  electric  service, 
and  such  utilities  and  s>-stems  may  be  purchased  and  constructed  by 
a  payment  in  cash  of  twenty-five  per  cent,  of  the  pri(?e  ai^n^eed  upon, 
and  the  balance  in  annual  installments,  including  interest,  to  be 
paid  out  of  the  revenues  of  such  utility;  and  su»'h  works  so  con- 
structed or  purchased  shall  stand  pledged  for  payment  of  the 
amount  due  thereon;  provided,  that  no  expenditiire  fsr  such  purpose 
shall  be  made  unless  the  propositirn  for  the  acquisition  or  con- 
struction of  the  same,  is  first  submitted  to  h  vote  of  the  qualified  prop- 
erty taxpayers,  at  an  election  to  be  held  for  the  purpose  of  voting  there- 
on, and  a  majority  of  such  voters  shall  vote  in  favor  of  such  proposi- 
tion and  the  City  Council  shall  have  the  power  to  carry,  out  all  the 
terras  of  this  section  by  ordinance. 

Section  59.  To  do  all  acts  and  make  all  regulatio,ns  which  may 
be  deemed  necessary  for  the  protection  and  promotion  of  health  or 
the  suppression  of  disease,  and  abate  all  nuisances  which  may  impair 
or  aft'eet  the  public  health  or  comfort,  in  such  manner  as  may  be 
deemed   expedient. 

Section  60.  To  prevent  the  introduction  of  contagious  diseases 
into  the  City,  to  make  quarantine  laws  for  that  purjjose  and  to  en- 
force the  same  within  five  miles  of  the  City,  and  to  make  all  ordinances 
and  regulations  to  prevent  the  spread  of  any  contagious  diseases 
within  the  city  limits;  to  enforce  vaccination  and  to  establish  hos- 
pitals and  pest  houses,  and  to  regulate  the  establishment  of  private 
hospitals.  ■ ' 

Section  61.  To  direct  the  location  of  breweries,  tanneries,  black- 
smith shops,  foundries,  livery  stables  and  manufacturing  establish- 
ments; to  direct  and  regulate  the  management,  construction  and 
cleaning,  and  restrain,  abate  and  prohibit  within  the  City,  slaugh- 
tering establishments,  stockyards,  hide  houses,  warehouses,  stables 
and  privies,  or  establishments  for  keeping  or  curing  hides,  tallow, 
offal  and  such  other  substances  as  may  be  rendered,  and  all  other 
establishments  or  places  where  noisome,  offensive  or  unwholesome 
matter  is  liable  to  accumulate. 

Section  62.  To  require  the  owner,  agent  or  occupant  of  any 
grounds,    lots,    yards,    private    drains,    sinks   or   privies,    to   fill    up^ 


20  CHARTER   OF 

cleanse,  alter,  repair,  fix  and  improve  the  same,  and  require  ali  own- 
ers of  property  to  connect  with  the  city  sewers. 

Section  63.  To  regulate,  direct  and  control  the  direction  and 
construction  of  telegraph  and  telephone  lines  and  electric  light 
posts,  poles,  and  wires,  and  to  require  the  removal  and  changing  of 
all  such  posts,  poles  and  wires,  and  to  require  the  laying  of  all  tele- 
graph, telephone,  electric  light  and  all  other  wires  underground  in 
such  manner  and  at  such  depth  and  with  such  insulation  as  the 
City  Council  may  deem  necessary  and  proper;  to  regulate,  direct  and 
control  the  lajdng  and  repairing  of  all  gas,  water  and  oil  pipes  in  the 
streets,  alleys,  sidewalks,  and  public  places  of  the  City,  and  to  regu- 
late the  prices  to  be  charged  by  telephone  companies  for  service  to  the 

jjUDlic. 

Section  6-4.  To  provide  for  the  erection  of  all  useful  and  neces- 
sary buildings  for  the  use  of  the  City,  and  for  the  prjtecti'iii  and 
tsafety  of  all  property  belonging  to  the  City,  and  to  provide  for  the 
safety  and  protection  of  private  property  where  damages  are  likely 
TO  accrue  by  action  of  the  elements. 

Secition  65.  To  establi^sh  a  police  force  and  regulate  the 
same ;  to  erect,  establish  and  regulate  one  o,r  more  prisons,  work- 
nouses,  house  of  correction  and  poor  houses,  and  provide  for  the 
government  and  support  of  the  same. 

Section  66.  To  establish,  erect  and  build  public  libraries  and 
provide  funds  for  the  maintenance  of  tlie  same,  and  that  such  libra- 
ries shall  be  managed  by  a  board  of  trustees  and  the  City  Council 
shall  annually  levy  and  collect  a  tax  of  two  cents  on  each  one  hundred 
dollars  valuation  of  all  property  situated  in  said  City  for  the  support 
and  maintenance  of  what  is  known  as  the  Carnegie  Library  in  said 
City,  and  said  fund  shall  be  protected  for  the  uses  of  said  library  in 
the  same  manner  as  the  interest  and  sinlcing  fund  for  the  benefit  of 
the  bonded  debt  is  now  protected  by  law. 

Section  67.  To  provide  measures  to  keep  the  waters  of  the  river 
and  streams  pure,  to  remove  all  obstructions  or  dams  in  said  river  or 
streams  within  the  limits  of  the  City ;  to  widen  and  deepen  the  chan- 
nel of  said  river  and  streams,  to  prevent  the  erection  of  factories  or 
establishments  on  the  banks  of  any  stream  or  ditches  which  will  be- 


CITY   OF   SAN   ANTONIO  21 

foul  or  make  impure  the  waters  of  such  river  or  ditches;  to  alter 
and  establish  the  channels  of  any  streams,  ditches  or  water  courses 
^\'ithin  the  limits  of  the  City  when  the  health,  safety  or  convenience 
of  the  City  re^iuires  such  to  be  done,  and  to'  wall  up  or  cover  ditches 
or  canals;  to  make,  regulate  and  abolish  irrigation  ditches  and  have 
full  control  of  the  same  and  to  fix  the  terms  and  prices  to  be  charged 
for  water  therefrom. 

Section  68.  To  establish,  erect,  construct,  regulate  and  keep  in  re- 
pair bridges,  culverts,  sewers,  sidewalks  and  cross  ways,  and  to 
regulate  the  use  of  the  same  and  abate  smy  obstruction  or  encroach- 
ments thereon. 

Section  69.  To  provide  for  the  inspection  of  meat,  fish,  vege- 
tables, fruit  and  every  or  anything  offered  fo|r  sale  in  the  market 
places  or  elseM'here  in  said  City;  to  provide  for  the  inspection, 
before  slaughter,  of  all  animals  intended  for  slaughter  or  to  be  offer- 
ed for  sale  after  slaughter  in  said  City ;  to.  prescribe  rules  and  regu- 
lations as  to  the  place  and  manner  in  which  all  animals  are  slaughter- 
ed, and  charge  and  provide  license  fees  for  such  inspection ;  tioi  require 
the  hides  and  skins  o;f  animals  slaughtered  for  sale  in  said  City  to 
be  exhibited,  and  to  provide  for  the  keeping  of  a  record  of  the 
marlvs  and  brands  of  such  animals;  to  prohibit  and  regulate  the  sale 
within  the  City  of  any  meats  slaughtered  outside  the  limits  of  the 
City;  to  erect  and  maintain  market  houses  and  regulate  everything 
relating  to  butchers;  to  establish  and  maintain  a  standard  of  the 
quality  of  milk  sold  in  the  City  and  provide  penalties  for  the  viola- 
tion thereof. 

Section  70.  To  regulate  the  sale  within  the  City  of  cocaine, 
morphine,  opium,  chloral,  or  any  other  poisonous  drugs,  and  pro- 
vide that  the  same  shall  be  sold  only  upc;n  the  prescription  of  a 
licensed  physician. 

Section  71.  To  provide  for  the  purchase,  maintenance,  regula- 
tion and  improvement  of  public  parks,  plazas,  gi^ounds  and  ceme- 
teries of  the  City,  to  direct  and  regulate  the  planting  and  preserving 
of  ornamental  and  shade  trees  lOn  the  streets,  sidewalks  and  public 
grounds,  and  to  establish  and  maintain  zoological  gardens,  and  to 
provide  public  musical,  concerts  in  the  city  parks  and  plazas. 


22  CHARTER   OF 

Section  72.  To  make  reflations  for  the  inspection  and  con- 
struction of  buildings  and  to  cause  unsafe  buildings  to  be  made  safe 
or  removed,  and  to'  prescribe  and  prohibit  the  use  of  certain  mate- 
ijals ;  to  prescribe  the  thickness  of  walls  and  height  of  buildings ;  to  re- 
quire every  person  desiring  to  erect  a  building  in  the  City  to  take  out 
a  permit  for  the  same,  and  to  keep  a  register  of  all  buildings,  both 
private  and  public,  erected,  and  the  cost  thereof,  the  kind  and  ma- 
terial used,  and  of  the  intended  use  of  such  buildings. 

Section  73.  To  restrain  and  re^ilate  the  selling  or  giving  away 
of  any  intoxicating  or  malt  liquo,rs  by  any  person,  firm  or  corporation, 
although  duly  licensed  by  the  State,  when  the  place  of  business  of 
such  person,  firm  or  corporation  is  connected  with -a  house  wherein 
gaming  is  permitted  to  be  carried  on  where  the  same  is  connected  with 
a  vaudeville  or  other  place  where  theatrical  performances  are  held 
by  whatever  name  called. 

Section  74.  To  provide  and  cause  to  be  taken  an  enumeration 
of  the  inhabitants  of  the  City. 

Section  75.  To  license  and  regulate  billiard  tables,  pin  alleys 
and  ball  alleys,  to  suppress  and  restrain  disorderly  ho;uses,  ball 
rooms,  bawdy  houses,  houses  of  prostitution  and  assignation,  gambling 
and  gambling  houses,  lotterias  and  all  fraudulent  devices  and  prac- 
tices and  all  kinds  of  indecencies. 

Section  76.  To  license  and  regulate  hackmen,  draymen,  drivers 
of  omnibuses  and  baggage  wagons,  porters  and  all  others  pursuing 
like  occupations  with  or  without  vehicles,  and  prescribe  their  charges, 
and  to  regulate,  license  and  restrain  runners  for  hotels,  stages  and 
public  houses. 

Section  77.  To  prohibit  and  punish  the  owners,  lessees,  and 
agents  of  theaters  or  other  places  where  indecent,  lewd  or  immodest 
dramatic  or  theatrical  representations  are  given  and  adopt  smnmary 
measures  for  the  removal  or  suppression  of  all  such  entertainments 
and  establishments;  to  license  and  regulate,  suppress  and  prohibit 
hawkers,  peddlers,  pawnbrokers,  and  regulate' keepers  of  theatres  and 
other  exhibitions,  shows  or  amusements. 

Section  78.  To  restrain,  pro,hibit  and  punish  vagrants,  mendi- 
cants,    street    beggars,,    prostitutes    and    gamblers,    and  punish  the 


CITY   OF   SAN   ANTONIO  23 

keepers  of  all  houses  of  prostitution  and  ofames  and  gambling  devices 
with  as  great  penalty  as  the  same  is  punished  by  the  statutes  of  the 
State.  The  corporation  court  of  the  City  of  San  Antonio  shall  have 
concurrent  jurisdiction  with  justices'  courts  of  all  such  misdemeanors 
when  committed  within  the  corporate  limits  of  said  City. 

Section  79.  To  establish  standard  weights  and  measures  to  be 
used  within  the  City  in  all  cases  not  otherwise  provided  by  law;  to 
require  all  trades  and  dealers  in  merchandise  or  property  of  any 
kind  which  is  sold  by  weight  and  measure,  to  cause  their  weights  or 
measures  to,  be  tested  and  sealed,  but  the  standard  of  such  weights 
and  measures  shall  conform  to  those  established  by  law. 

iSection  80.  To  regulate  and  provide  for  the  inspection  and 
measuring  of  lumber,  shingles,  timber,  posts  and  all  kinds  of  building 
materials,  and  for  measuring  all  kinds  of  mechanical  work;  to  pro- 
vide for  the  measuring  of  Avood  and  weighing  of  hay  and  the  manner 
and  place  of  selling  the  same. 

Section  81.  To  prevent  and  suppress  any  riot,  affray,  noise 
disturbance,  disorderly-  conduct  or  assembly  in  any  public  or  private 
place  in  the  City,  and  prohibit  the  carry-ing  of  deadly  weapons  within 
the  city  limits.  i 

Section  82.  To  prevent  and  prohibit  any  immoderate  driving 
or  running  of  horses  or  other  animals,  or  motor  vehicles  in  the  streets 
or  public  places  of  the  City ;  to  compel  persons  to  fasten  their  horses 
or  other  animals,  whether  attached  to  vehicles  or  not,  while  standing 
or  remaining  in  the  streets ;  to  prevent,  regulate,  aiid  control  the 
driving  of  cattle,  horses  and  all  other  animals  through  the  City,  and 
to  prohibit  all  cruelty  to  animals. 

Section  83.  To  establish  and  regiilate  public  pounds  and  to 
regulate  and  prohibit  the  running  at  large  of  horses,  mules,  cattle, 
sheep  or  other  animals ;  to  authorize  the  destraining,  impounding  and 
sale  of  the  same  for  the  cost  of  proceedings  and  the  penalty  incurred ; 
to  tax,  regulate,  restrain  and  prohibit  the  running  at  large  of  dogs; 
to  require  licenses  for  all  dogs  kept  in  the  City  and  to  provide  for 
the  impounding  of  all  dogs  running  at  large. 

Section  84.  To  purchase,  establish  and  regulate  one  or  more 
cemeteries  within  or  without  the  City  limits;  to  regulate  and  pro- 


24  CHARTER   OF 

vide  for  the  registration  of  births  and  deaths ;  to  direct  keeping  of 
records  of  mortality  and  impose  penalties  upon  physicians,  sextons 
or  others  for  any  default  in  tlie  premises,  and  regulate  the  burial  of 
the  dead. 

Section  85.  To  prevent  and  prohibit  boxing  matches,  sparring 
exhibitions,  cock  and  dog  fighting,  bull  fighting  and  all  brutal  ex- 
hibitions, to  license,  tax,  regulate  and  suppress  public  balls,  dances, 
and  all  other  public  places  of  resort  and  amusement. 

Section  86.  To,  prevent  and  prohibit  all  disturbances,  breaches 
of  the  peace  and  good  order,  assaults,  assaults  and  battery,  fighting, 
quarrelling,  using  abusive  and  insulting  language,  misdemeanors  and 
all  disorderly  conduct. 

Section  87.  To  prevent  and  punisili  the  keeping  of  houses  of 
prostitution  within  the  City  or  w  ithin  such  limits  therein  as  may  be 
defined  by  ordinance,  and  adopt  summary  .measures  for  the  removal 
or  suppression  of  all  such  establisliments. 

Section  88.  To  provide  for  the  inspection  of  all  buildings  and 
establishments  for  educational  or  asylum  purposes;  to  require  that 
the  inmates  be  properly  treated,  and  to  require  aP  institutions  of 
whatever  nature  used  as  asylums,  colleges,  hospitals,  or  boarding 
schools  to  make  reports  of  the  number  of  the  inmates  and  the  sanitary 
condition  of  the  same. 

Section  89.  To  establish,  regulate  and  maintain  a  fire  depart- 
ment and  to  fix  fire  limits  within  which  only  buildings  constructed 
of  approved  material  will  be  allowed  to  be  built,  and,  generally,  tx) 
make  and  enforce  all  such  regulations  for  the  prevention,  spread  and 
extinguishing  of  fires  as  may  be  deemed  expedient. 

Section  90.*  To  have  the  exclusive  control  and  power  over  the 
streets,  alleys,  sidewalks  and  public  grounds  and  highways  of  the 
city,  and  to  abate  and  remove  encroachments  or  obstructions  thereon ; 
to  open,  alter,  widen,  straighten,  extend,  establish,  regulate,  abolish, 
close  the  same  or  any  part  thereof,  grade,  re-grade,  clean,  pave,  ma- 
cadamize, or  otherwnse  improve  any  of  the  streets  or  public  places  in 
said  city ;  to  put  drains  and  sewers  therein  and  prevent  the  incumber- 
ing thereof  in  any  manner  and  to  protect  the  same  from  any  encroach- 

♦Amendment  of   1907. 


CITY    OF    SAN   ANTONIO  25 

merits  and  injury.  Provided,  that  the  City  Council  shall  not  receive, 
approve  or  allow  to  be  filed  a  plot  of  any  sub-division  of  property 
in  the  city  unless  and  until  the  owners  of  said  property  siliiall  have 
first  laid  out,  moniunented,  curbed  and  macadamized  all  the  streets 
in  said  subdivision,  and  the  City  Engineer  shall  not  give  lines  for  any 
subdivision  hereafter  laid  out  unless  the  provisions  of  this  section  shall 
have  been  complied  with. 

Section  91.  To  compel  by  appropriate  penal  ordinances  the  lay- 
ing of  sidewalks  by  property  owners  in  front  of  or  abutting  oh 
their  land,  and  may  prescribe  the  character  of  sidewalks  to  be 
laid,  and  provide  by  ordinances  that  the  City  shall  not  pave  with 
brick,  block,  asphalt,  stone  or  gravel  any  street  until  the  owners  of 
the  property  abutting  thereon  shall  have  previously  laid  a  curb  and 
sidewalk  abutting  upon  the  said  street,  and  the  council  shall  have  the 
right  to  prescribe  the  kind  of  sidewalk  and  curb  to  be  laid. 

Section  92.  To  prevent  and  prohibit  the  incumbering  or  blocking 
of  the  streets,  alleys,  sidewalks  and  public  places  with  any  vehicle 
whatever,  or  with  awnings,  posts,  signs, .  or  any  obstruction  of  any 
kind  to  compel  all* persons  to  keep  weeds,  filth  and  all  kinds  of 
nibbis^h  from  the  sidewalks,  streets  and  gutters  in  front  of  premises 
occupied  by  them ;  to  require  and  compel  the  owners  to  fill  up,  grade, 
pave  and  otherwise  improve  the  sidewalks  in  front  of  and  adjoining 
their  property. 

Section  93.  To  prohibit  and  restrain  the  rolling  of  hoops,  flying 
of  kites,  firing  of  fii-ecrackers  or  firearms  or  fireworks  or  pyrotech- 
nics of  any  kind,  the  use  of  velocipedes  or  any  practice  tending  to 
annoy  personsi  passing  in  the  streets  or  sidewalks,  or  to  frighten  horses 
and  teams;  to  restrain,  prohibit  and  regulate  the  ringing  of  bells, 
blowing  of  whistles,  horns  and  bugles,  playing  of  street  organs  or  oth- 
er music,  crying  of  goods,  and  all  other  noises,  practices  and  per- 
formances creating  annoyance  or  tending  to  the  collection  of  persons 
on  the  streets  and  sidewalks  for  the  purpose  of  business,  amuse- 
ment or  other  purposes. 

Section  94.  To  direct  and  control  the  laying  and  construction 
of  railroad  and  street  railway  tracks,  turnouts  and  switches,  and 
prohibit  the  same  in  the  streets,  avenues  and  alleys  and  regulate 
the  location  of  depot  grounds  within  the  City;  to  require  that  rail- 


26  '  CHARTER   OF 

road  and  street  i  .vv^ay  tracks,  turnouts  and  switches  shall  b'e  so 
constructed  as  to  interfere  as  little  as  possible  with  the  ordinary 
travel  and  use  of  the  streets,  avenues  and  alleys,  and  that  sufficient 
space  shall  be  left  on  either  side  of  said  tracks  for  the  safe  and 
convenient  passage  of  teams,  carria.ges  and  other  vehicles  and  persons, 
and  to  require  the  building  by  railway  companies  of  subways  or  via- 
ducts ;  to  require  railroad  and  street  railway  companies  to  grade,  pave 
and  keep  in  repair  the  public  streets,  highways,  squares,  plazas  and 
other  public  places  through  which  their  tra,cks  may  run,  such  grading, 
paving  amd  repairs  to  embrace  the  space  between  rails,  the  space  be- 
tween tracks  and  a  width  O'f  eighteen  inches  outside  of  the  outermost 
rails  on  either  side ;  to  require  railroad  and  street  raihvays  companies  to 
construct,  keep  in  repair  and  light  crossings  at  the  intersections  of 
their  tracks  with  streets,  avenues,  alleys,  ditches,  sewers,  ciilverts,  and 
to  regulate  the  speed  of  locomotive  engines,  trains  and  street  cars 
within  said  City,  and  to  require  the  same  to  come  to  a  full  stop  at 
such  streets  and  places  as  may  be  deemed  necessary  by  the  council 
to  prevent  accidents. 

Section  95.  To  exclusively  control  and  regulate  everything  con- 
nected with  street  railways  and  to  make  such  rules  and  regulations 
for  the  same  as  the  City  Council  may  deem  necessary. 

Section  96.  To  restrict  the  sale  of  tickets,  passes  or  other  evi- 
dence of  the  right  to  travel  on  any  railroad  or  street  railway  to  duly 
authorized  agents  of  the  railroad  or  street  railway  company  issuing 
or  authorizing  the  issuance  of  the  same,  and  to  prohibit  the  sale  of 
all  tickets,  passes  or  other  evidence  of  the  right  to  travel  on  any 
railroad  or  street  railway  by  any  person  other  than  duly  authorized 
agents  of  the  railroad  or  street  railway  company  issuing  or  author- 
izing the  issuance  of  the  same,  and  to  provide  penalties  for  a  violation 
of  any  ordinance  passed  under  this  power. 

Section  97.*  To  acquire  on  behalf  of  and  for  the  use  of  the  city 
by  purchase,  gift,  devise  or  condemnation,  any  private  property  or 
any  interest  therein,  whether  such  property  be  situated  within  or 
without  the  limits  of  said  city,  which  may  be  necessary  or  proper  for 
the  establislunent  and  maintenance  of  an  efficient  system  of  sewei-s  or 
for  the  purpose  of  establishing  a  water  main  or  electric  liglit  plant,  and 

♦Amendment  of  1907. 


CITY   OF    SAN   ANTON^'  27 

for  other  proper  corporate  purposes.  Said  cii^.  vS  hereby  given  the 
right  to  lay,  eonstniet  and  maintain  sewers,  water  mains  and  outside 
electrical  constmietions,  in,  under,  across  or  along  any  public  street, 
highway  or  public  grounds,  within  or  without  the  corporate  limits  of 
said  city,  and  to  regulate  the  manner  of  connecting  therewith. 

Section  98.  To  appropriate  private  property  for  the  use  of  the 
City  for  streets,  alleys,  avenujes,  boulevards,  parks,  public  plazas 
and  squares,  sewers,  gas  works,  electric  plant,  water  works,  market 
houses,  school  houses,  or  any  other  public  purposes  authorized  by 
law,  and  in  such  event  the  council  shall  declare,  by  ordinance,  the 
necessity  for  such  appropriation,  describing  the  property  sought  to 
be  appropriated  and  stating  the  name  and  residence  of  the  owner, 
if  known,  and  if  unknown  stating  that  fact,  and  shall  cause  to  be 
filed  with  the  city  clerk  a  plot  of  the  property  proposed  to  be  con- 
demned, and  such  private  property  shall  be  condemned  for  the  use 
of  the  City  for  the  purposes  expressed  in  the  ordinance  by  the  same 
proceedings  and  under  the  same  rules,  so  far  as  applicable,  as  are  now 
or  may  hereafter  be  provided  by  the  general  laws  of  this  State  for 
the  condemnation  of  private  property  for  the  use  of  railroad  cor- 
porations, or  in  any  other  manner  or  by  any  other  proceedings,  author- 
ized by  the  general  laws  of  this  State  for  the  condemnation  of  private 
property  for  public  use. 

Section  99.  To  license,  regulate  and  inspect  all  trades,  profes- 
sions, occupations,  callings,  and  business  carried  on  in  said  City 
whenever  and  wherever  the  council  shall  deem  such  regulation,  inspec- 
tion and  license  necessary  or  proper  for  the  good  order,  public  health, 
public  safety  or  general  police  regulation  of  said  City,  and  charge 
license  and  inspection  fees  therefor,  and  such  fees  shall  not  "be  con- 
strued as  occupation  taxes.        i- 

Section  100.  The  City  Council,  in  addition  to  the  powers  here- 
in enumerated,  shall  have  the  power  to  pass,  publish,  amend  or  re- 
peal all  ordinances,  rules  and  police  regulations  not  contrary  to  the 
Constitution  of  the  State  and  this  Act,  and  necessary  for  the  order 
or  good  government  of  the  City,  or  the  trade,  commerce  and  health 
thereof,  or  that  may  be  necessary  and  proper  to  carry  into  effect  the 
powers  here  vested  in  the  corporation  or  any  part  of  its  officers ;  to 
enforce  the  observ^ance  of  all  ordinances,   rules  and  police  regula- 


28  CHARTER   OF 

tions,  and  to  punish  violations  thereof  by  fines  and  imprisonment, 
or  either  or  both,  or  by  work  on  the  streets  or  0|ther  public  work,  as 
may  be  provided  by  ordinance  and  required  by  the  judgment  of  the 
corporation  court;  provided,  that  no  fine  shall  exceed  two  hundred 
dollars,  and  no  period  of  imprisonment  shall  exceed  one  hundred  days 
in  the  city  jail.  Any  person  upon  whom  any  fine  is  imposed  may 
be  committed  until  payment  of  the  same,  and  in  default  thereof  may 
be  imprisoned  in  the  city  prison,  or  may  be  required  to  work  on  the 
streets  or  other  public  work  in  the  City  for  su<ih  time  and  in  such 
manner  as  may  be  provided  by  ordinance;  provided,  such  imprison- 
ment shall  not  exceed  one  hundred  days. 

Section.  101.  Franchises  for  the  use  of  the  streets  and  public 
places  of  the  City  may  be  granted  by  the  affirmative  vote  of  eight 
aldermen,  but  no  franchise  or  privilege  for  the  use  of  any  of  the  pub- 
lic streets  or  other  public  places  of  the  City  shall  ever  be  granted 
for  any  but  a  strictly  public  purpose,  and  any  grant  of  a  franchise 
or  privilege  hereafter  made  for  the  use  of  any  of  the  public  streets 
or  other  public  places  within  said  City,  where,  from  the  nature  of 
the  case  the  use  thereof  would  be  private  or  only  colorably  public, 
or  chiefly  for  private  purposes,  shall  be  absolutely  void.  Provided, 
that  no  ordinance  granting  a  franchise  shall  become  operative  unless 
ratified  by  a  majority  vote  of  the  qualified  voters  of  the  City,  if 
within  thirty  days  after  the  passage  of  such  ordinance  a  petition 
signed  by  a  number  of  qualified. voters-  of  not  less  than  ten  per  cent 
of  the  voters  voting  at  the  previous  general  city  election  shall  be 
presented  to  the  City  Council  asking  that  said  ordinance  be  submit- 
ted to  a  vote  of  the  people.  All  such  elections  shall  be  held  in  ac- 
cordance with  the  general  laws  governing  such  elections  in  said 
City.  '  ^ 

Section  102.  No  franchise  or  privilege  or  extension  granted  by 
the  City  Council  of  said  City  shall  ever  be  assigned  or  transferred  by 
the  original  grantee  or  any  assignee  thereof,  without  the  consent  of 
the  City  Council,  to  be  given  by  ordinance,  and  such  consent  shall 
not  be  given  in  advance  in  the  ordinance  granting  the  franchise  or 
extension ;  nor  shall  such  consent  be  given  without  specifying  by  name 
in  the  ordinance  giving  the  consent  the  proposed  assignee.  Any 
attempted  violation  of  any  of  the  provisions  of  this  section  shall 
operate  a  forfeiture  of  such  franchise,  nor  shall  any  title  pass  by 


CITY   OF    SAN    ANTONIO  29 

voluntary  sale   of  such  franchise  without  the  consent  of   the   City- 
Council  so  given. 

Section  103.  No  franchise  or  privilege  or  extension  shall  ever 
be  granted  by  the  City  Council  of  said  City  for  a  longer  term  than 
twenty-five  years,  and  any  extension  of  the  right  of  way  covered  by 
any  such  franchise  shall  expire  with  the  term  of  the  original  fran- 
^ehise  and  its  extensions,  and  no  franchise  or  privilege  or  extension 
hereafter  granted  by  the  council  and  held  by  any  corporation  shall  ex- 
tend or  remain  in  force  beyond  the  regular  expiration  of  the  char- 
ter of  the  corporation  by  lapse  of  time. 

Section  104.  The  grant  of  any  franchise  or  privilege  for  the  use 
of  public  streets,  or  any  extension  of  the  term  or  right  of  way  cov- 
ered thereby,  shall  be  upon  and  subject  to  the  conditions,  whether 
expressed  in  the  grant  or  not,  that  upon  acceptance  thereof  by  the 
grantee,  the  grantee  or  other  holder  of  such  franchise  or  privilege 
shall  be  bound  and  obligated  to  exercise  such  privilege  or  franchise 
throughout  its  entire  term  and  extensions  thereof,  and  throughout 
the  entire  right  of  way  covered  thereby,  and  extensions  of  such  right 
of  way,  under  penalty  or   forfeiture   of  the   entire   franchise. 

Section  105.  Before  any  grant  of  a  franchise  shall  be  made 
the  proposed  specific  grant,  embodied  in  the  form  of  an  ordinance 
with  all  the  terms  and  conditions,  including  the  provisions  as  to 
rates,  fares,  prices  and  charges,  shall  be  published  at  least  three 
times  in  some  newspaper  published  in  said  City,  to  be  designated  by 
the  Mayor.  Such  publication  shall  be  made  at  least  twenty  days 
before  the  final  vote  on  such  ordinance,  and  the  ordinance  granting 
the  franchise  shall  be  read  in  full  at  three  regular  meetings  of  the 
council,  I 

ARTICLE  III. 

TAXATION  AND  FINANCE. 

Section  106.  The  City  Council  shall  have  power,  by  ordinance, 
to  annually  levy  and  collect  ad  valorem  taxes  as  follows:  First, 
for  general  purposes  not  exceeding  one  dollar  upon  every  one  hundred 
dollars  valuation ;  second,  for  specia]  pui*poses  not  exceeding  one  dol- 
lar upon  every  one  hundred  dollars  valuation;  pro\ided,  that  said  tax 
'^f  one  dollar  upon  every  hundred  dollars  valuation  levied  for  spe- 


30  CHARTER   OF 

eial  pui-poses  shall  include  all  taxes  for  the  purposes  of  carrying  on 
the  city  schools,  whether  the  said  taxes  for  school  purposes  are  levied 
by  the  City  Council  or  by  any  other  board  having  authority  to  make 
such  lev>" ;  and  provided,  further,  tliat  the  total  tax  rate  of  the  City, 
including  taxes  for  general  purposes,  special  purposes,  interest  and 
sinking  fund,  and  schools,  shall  never  exceed  two  dollars  annually 
on  the  one  hundred  dollars  valuation  of  all  property  assessed,  accord- 
ing to. the  last  approved  assessment  roll  of  the  City,  except  that  the 
tax  levied  by  any  improvement  district  for  improvements  therein, 
as  pro\dded  in  Section  54,  may  be  twenty-five  cents  annually  in  ad- 
dition to  the  two  dollars  mentioned  above.  The  advalorem  taxes  shall 
be  levied  and  collected  annually  on  the  assessed  value  of  all  real  and 
personal  estate  and  property  in  said  City,  including  all  choses  in  ac- 
tion, franchises  and  pri\aleges  having  a  situs  in  said  City,  though  the 
owners  thereof  be  non-residents.  Bonds  of  the  United  States  and 
State  of  Texas,  and  of  the  City  of  San  Antonio  shall  not  be  taxed. 

Section  107.  The  City  Council  shall  have  power  to  annually 
levy  and  collect  occupation  taxes,  not  exceeding  one-half  the  amount 
of  occupation  taxes  imposed  by  the  State,  upon  all  occupations,  call- 
ings and  professions  sub.ject  to  such  taxes  by  the  laws  of  the  State; 
and  the  City  Council  shall  also  annually  levy  and  collect  a  poll  tax, 
not  to  exceed  one  dollar,  upon  evorj'  male  inhabitant  bet^veen  twent;>'- 
one  and  sixty  years  of  age,  not  exempt  by  law.  who  has  resided  in 
said  City  tw^elve  months  previous  to  the  assessment  of  such  tax. 

Section  108.*  The  City  Council  shall  have  power  to  create  spe- 
cial funds  for  special  purposes,  but  shall  not  have  power  to  transfer 
money  from  one  fund  to  another,  except  that  when  there  is  an  excess 
in  the  general  fund  over  current  expenses,  such  excess  or  part  thereof 
may  be  transferred  to  any  of  the  special  funds.  The  City  Treasurer 
shall  not  honor  any  draft  upon  the  fund  designed  for  the  payment  of 
the  interest  upon  the  public  debt  and  for  the  creation  of  a  sinking 
fund  for  its  ultimate  payment,  except  those  drafts  for  such  purposes, 
but  said  sinking  fund  may  be  appropriated  at  an^  time  to  reduce  the 
public  debt  by  the  purchase  and  cancellation  of  outstanding  city 
bonds,  or  for  the  investment  of  suohi  sinking  fund  in  bonds  of  the 
United  States,  or  State  of  Texas,  or  of  the  City  of  San  Antonio,  or  of 
any  Improvement  District  thereof,  or  of  Bexar  County.  Texas,  nor 

•Amendment  of  1907. 


CITY   OP    SAN   ANTONIO  31 

shall  the  City  Treasurer  honor  any  draft  drawn  upon  the  fund  set 
aside  for  permanent  public  improvements,  except  those  drawn  in  pay- 
ment for  such  improvements  in  pursuance  of  an  ordinance  providinj^ 
for  the  erection  or  construction  of  such  permanent  public  improve- 
ments. 

Section  109.  The  City,  or  any  creditor  of  the  City  injured  by 
a  wrongful  diversion  or  payment  of  special  funds  by  the  treasurer, 
shall  be  entitled  to  maintain  in  any  court  of  competent  jurisdiction 
an  action  against  the  treasurer  and  sureties  upon  his  official  bond  for 
tlie  recovery  of  damages  sustained.  ; 

Section  110.  The  City  Council  shall  have  the  power,  by  ordi- 
nance, to  direct  the  treasurer  to  deposit  all  money  of  the  City  in 
his  custody  in  any  bank,  banks,  or  trust  company  in  the  City  of  Sau 
Antonio  which  the  council  may  designate,  and  the  city  treasurer  shall 
not  be  liable  or  responsible  for  the  loss  of  any  money  of  the  City  while 
so  deposited  by  reason  of  the  failure  of  such  banks  or  trust  company. 
Such  bank,  banks,  or  trust  company  shall  give  the  City  security  for  the 
full  amount  of  such  deposits  and  pay  to  the  City  not  less  than  tliree 
per  cent,  interest  on  such  deposits.  The  security  to  be  required 
for  such  deposits  shall  be  bonds  of  the  United  States,  or  of  the  State 
of  Texa^,  or  of  the  City  of  San  Antonio,  or  of  Bexar  County,  Texas, 
and  the  City  Council  may  provide  further  regulations  and  safeguards 
with  regard  to  such  depositories. 

Section  111.  All  salaried  officers  and  employes  shall  be  entitled 
to  warrants  for  their  salaries  at  the  end  of  every  month,  unless  the 
term  of  their  employment  shall  be  for  an  uncertain  or  shorter  period, 
and  the  council  shall  prescribe  the  manner  of  issuance  of  said 
monthly  warrants.  All  day  laborers  or  other  persons  performing  ser- 
vices for  the  City  for  uncertain  periods  may  be  paid  weekly  in  such 
manner  as  the  council  may  prescribe  upon  pay  rolls  duly  certified. 
Provided,  that  the  regular  force  of  the  city  employes  in  the  service 
of  the  City  as  day  laborers  shall  not  be  added  to  or  increased  at  any 
■time  within  thirty  days  prior  to  the  date  of  any  State  and  County  or 
City  election. 

Section  112.  All  creditors  of  the  City  having  audited  or  es- 
tablished claims  against  the  City  shall  be  entitled  to  warrants  there- 
for drawn  upon  the  city  treasurer  which  shall  be  numbered,  desig- 


32  CHARTER   OF 

nating  the  fund  out  of  wMch  the  same  are  payable,  but  such  war- 
rants shall  not  bear  interest,  and  shall  be  paid  in  the  order  of 
their  issuance  by  months  and  by  numbers,  so  that  no  preference  shall 
be  shown  to  any  person ;  but  said  warrants  shall  ]ye  drawn  in  the 
same  order  as  the  claims  may  be  audited,  approved  or  established  by 
the  action  of  the  council  or  under  its  direction  or  by  the  judgment  of 
a  court  of  competent  jurisdiction. 

Section  113.  The  City  shall  not  recognize  transfers  or  assign- 
ments of  salaries  or  w^ages,  nor  shall  any  officer  of  the  City  receive 
or  honor  any  drafts  or  order  drawn  by  any  person  against  his  salary 
or  wages,  but  the  warrant  or  money  shall  in  every  instance  be  deliv- 
ered or  paid  to  the  person  entitled  thereto  according  to  the  City's 
accounts ;  nor  shall  any  officer  of  the  City  issue  any  certificates  of  in- 
debtedness. Nothing  herein  contained  shall  prevent  the  holder  of  a 
warrant  from  transferring  it.  Provided,  that  if  the  City  Council' 
so  declares  by  ordinance,  a  warrant  for  the  total  amount  of  any  pay 
roll  may  be  drawn  in  favor  of  the  person  paying  such  pay  roll,  and 
such  warrant  shall  have  the  same  legal  standing  and  effect  as  war- 
rants drawn  under  Section  52  of  this  charter. 

Section  114.  Before  the  delivery  of  any  warrant  by  the  auditor 
to  the  payee  thereof,  the  auditor  shall  carefully  ascertain  whether  or 
not  such  person  is  in  any  manner  indebted  to  the  City  for  matured 
taxes  or  debts  of  any  kind,  and  if  he  shall  find  that  such  payee  is  so 
indebted  to  the  City,  he  shall  not,  deliver  such  warrant  unless  such 
person  shall  tlien  and  there  actually  pay  such  taxes  or  debts  to  the 
proper  receiving  officer.  If  such  payee  refuses  to  pay  such  taxes 
or  debts,  the  auditor  shall  refuse  delivery  of  such  warrant,  and  shaU 
make  report  thereof  at  the  next  meeting  of  the  City  Council,  t-ogether 
with  a  statement  of  the  nature  of  the  claim  asserted  by  the  City  against 
the  payee,  and  in  such  case  the  kuditor  shall  await  the  action  of  the 
council  before  delivering  such  warrant;  provided,  however,  that  this 
section  shall  apply  only  to  persons  receiving  warrants  for  their  com- 
pensation and  shall  not  apply  to  current  wages  of  those  persons  who 
are  to  be  paid  weekly. 

Section  115.  City  warrants  shall  not  bear  interest  and  shall 
not  be  receivable  for  taxes  nor  any  other  debts  or  demands  due  the  city, 
but  all  taxes  and  dues  shall  be  payable  to  the  City  in  lawful  legal 
tender  money  of  the  United  States. 


CITY   OF   SAN    ANTONIO  33 

Section  116.  All  city  taxes  shall  be  levied,  assessed  and  collected 
in  the  same  manner  as  may  be  provided  by  the  laws  of  the  State  for 
the  levy,  assessment  and  collection  of  State  and  county  taxes,  unless 
herein  otherwise  provided.  Four  aldermen,  to  be  appointed  by  the 
Mayor,  who  with  the  Mayor,  shall  perform  the  duties  of  a  Board  of 
Equalization,  and  such  board  sihall  pass  upon  all  appeals  from  the 
decision  of  the  assessor  and  pass  upon  all  assessments  made  by  the 
assessor  in  the  same  manner  as  assessments  are  reviewed  by  the  com- 
missioner's court  of  the  Count}',  and  the  decision  of  such  board  shall 
be  final.  The  compensation  of  the  Board  of  Equalization,  exclusive 
of  the  Mayor,  shall  be  five  dollars  per  day  for  each  member,  and  the 
board  shall  conclude  its  labors  within  sixty  days  from  the  time  of  be- 
ginning its  work  upon  the  assessment  rolls.  The  City  Council 
may,  by  ordinance,  regulate  the  mode  and  manner  of  assessing  and 
collecting  city  taxes  as  the  City  Council  may  deem  proper,  although 
not  in  accordance  with  the  provisions  of  the  State  laws  governing  the 
assessment  and  collection  of  County  taxes,  and  may  provide  for  the 
advertisement  and  sale  of  property  for  delinquent  taxes  in  such  man- 
ner  as  they  may  deem  proper,  and  provide  for  the  payment  of  costs 
of  such  advertisement  and  sale  and  execution  of  deeds  to  be  made 
against  the  owner  of  such  property''.  A  purchaser  of  property  at  a 
tax  sale  shall  be  subrogated  to  all  the  rights  of  the  City  with  reference 
to  the  collection  of  taxes  against  said  property. 

Section  117.  If  the  City  Council  should  fail,  refuse  or  neg- 
lect to  pass  an  ordinance  for  any  one  year,  levying  the  taxes  for  that 
year,  the  ordinance  last  passed  levying  taxes  will  be  considered  in 
force,  and  a  failure  to  pass  such  an  ordinance  shall  in  no  wise  invali- 
date the  collection  of  any  taxes. 

Section  118.  The  fiscal  year  of  the  City  shall  begin  on  the 
first  day  of  June  and  end  on  the  thirty-first  day  of  May  of  each)  year, 
and  all  persons  and  property  not  exempt  by  the  Constitution  and 
laws  of  the  State  shall  be  subject  to  city  assessment  and  taxation  as 
of  the  first  day  of  June  of  each  year  in  like  manner  as  property  is 
subject  to  assessment  and  taxation  by  the  State  and  County  as  of  the 
first  day  of  January  of  each  year. 

Section  119.  All  ad  valorem  and  poU  taxes  for  each  fiscal  year 
shall  become  due  on  the  first  day  of  April  of  such  fiscal  year,  and  shall 


34  CHARTER    OP 

be  paid  before  the  first  day  of  June  next  following',  and  from  such 
first  day  of  June  shall  bear  interest  at  the  rate  of  six  per  cent 
per  annum,  and  the  City  Council  shall  not  have  power  to  extend  the 
time  for  the  payment  of  taxes. 

Section  120.  All  persons  and  property  owners  failing  to  pay 
their  annual  taxes  for  any  fiscal  year  before  the  first  day  of  June 
next  following  the  levy  of  the  same,  shall  in  addition  to  interest,  be 
charged  a  penalty  of  two  per  cent,  upon  the  principal  amount  due  for 
the  first  month  or  part  of  a  month  of  such  delinquency,  and  there- 
after in  addition  to  interest  a  penalty  of  two  per  cent,  upon  the  prin- 
cipal amount  due  for  each  additional  month  or  fraction  thereof  of 
such  delinquency;  and  neither  the  City  Council  nor  collector  shall 
have  power  to  remit  such  penalties.,  interest  or  any  costs  due  the 
City;  provided;  that  the  aggregate  penalties  to  be  charged  shall  never 
exceed  ten  per  cent,  and  shall  be  charged  on  the  original  principal 
amount  only,  and  such  penalties  shall  not  bear  interest. 

Section  121.  The  annual  assessment  made  upon  property  with- 
in said  City  for  taxes  due  said  City,  shall  be  a  special  lien  upon  said 
property,  and  all  property,  both  real  and  personal,  belonging  to  any 
delinquent  taxpayer,  shall  be  liable  to  seizure  and  sale  for  the 
payment  of  all  taxes,  interest,  penalties  and  costs  due  said  City  by 
such  delinquency,  and  such  property  may  be  sold  for  the  payment  of 
taxes,  interest,  penalties  and  costs  due  the  City  by  such  delinquent, 
under  such  regulations  as  the  Legislature  may  have  provided,  or  may 
hereafter  provide  for  the  collection  of  State  and  County  taxes,  or  as 
may  be  provided  by  the  City  Council  or  under  a  decree  of  Court. 

Section  122.  The  City  may  bring  suit  in  any  court  of  competent 
jurisdiction  in  any  action  at  common  law  for  the  recovery  of  any  taxes 
due  said  City,  with  interest,  penalties  and  costs  due  thereon,  and  for 
the  foreclosure  of  the  tax  lien  upon  such  property,  but  this  remedy 
shall  be  cumulative  of  all  other  remedies. 

Section  123.  All  taxes  delinquent  for  ten  years  before  any 
suit  is  filed  to  collect  the  same  shall  be  barred  by  limitation;  pro- 
vided, 'that  this  section  shall  not  affect  judgments  already  rendered, 
nor  suits  pending  when  this  Act  takes  effect,  nor  the  validity  of  tax 
titles  hereinbefore  made,  and  provided  further,  that  this  section 
shall  not  take  effect  until  one  year  after  the  passage  of  this  Act. 


CITY   OF   SAN   ANTONIO  35 

Section  124.*  It  shall  be  the  duty  of  the  Auditor  immediately 
after  the  passage  of  this  Act,  to  cause  a  notice  to  be  published  for 
thirty  days  in  one  or  more  of  the  papers  in  the  City  of  San  Antonio, 
requesting  all  parties  holding  claims,  excepting  bonds,  against  the 
City  of  San  Antonio  to  immediately  file  same  with  the  Auditor.  At 
the  expiration  of  said  thirty  days  the  City  Council  shall  pass  upon 
such  claims  as  may  be  filed,  together  with  all  other  claims  that  may 
have  been  previously  filed,  and  not  acted  on  by  the  council  and  by 
ordinance  allow  or  reject  such  claim.  Within  thirty  days  thereafter 
the  Auditor  shall  prepare  a  statement,  verified  by  oath,  of  the  entire 
unbonded  indebtedness  of  the  City  of  San  Antonio  so  allowed  by  the 
Council,  or  adjudged  to  be  due  by  final  decree  of  any  court  of  com- 
petent jurisdiction,  and  cause  the  same  to  be  published  for  one  week 
in  a  paper  in  San  Antonio.  Thereafter,  it  shall  be  the  duty  of  the 
Auditor  within  ten  days  after  the  first  day  of  each  quarter  of  the 
fiscal  year,  to  prepare  a  statement,  verified  by  oath,  as  follows: 

"Balance  of  unbonded  indebtedness  of  the  City  of  San  Antonio:, 

reported  on day  of ~ ~ - 190. , 

$ ,    ajuouut   of   indebtedness   incurrod 

during  the  quarter  ending _ _ day  of — 190 , 

$ _ _ ,  total  payments  made  on  ac- 
count of  foregoing  indebtedness,  during  quarter  ending  „ — 

day  of  190 ,      $ _ '. - x...... 

balance  of  unbounded  indebtedness,  $ _ * 

The  Auditor  shall  immediately  thereafter  cause  such  statement  to 
be  published  in  a  paper  published  in  the  City  of  San  Antonio.  A  wil- 
ful failure  to  prepare  the  statement  required  by  this  section  shall 
subject  the  Auditor  to  a  fine  of  not  less  than  ten  dollars,  nor  more 
than  one  hundred  dollars  for  each  day  that  the  publication  of  said 
statement  is  omitted. 

Section  125.  This  Act  shall  be  deemed  a  public  Act,  and  may 
be  read  in  evidence  without  pleading  or  proof,  and  judicial  notice 
shall  be  taken  thereof  in  all  courts  and  places.  But  no  general  law 
hereafter  passed  by  the  Legislature  of  the  State  of  Texas,  nor  any 
general  law  of  said  State  now  in  force,  shall  be  held  to  repeal  or 
affect  any  power  herein  granted,  or  which  is  hereby  vested  in  said 

•Amendment  of  1907. 


36  CHARTER   OF 

City  or  its  City  Council,  unless  by  the  express  terms  of  such  law  the 
fiame  be  declared  applicable  to  cities  incorporated  by  special  charter. 

Section  126.  That  an  Act  of  the  Le^slature  of  the  State  of 
Texas,  approved  August  13,  1870,  entitled  "An  Act  to  incorporate 
the  City  of  San  Antonio,  and  grant  a  new  charter  to  said  City,"  and 
to  repeal  an  Act  entitled  "An  Act  to  incorporate  the  City  of  San  An- 
tonio," approved  July  17,  1856,  and  An  Act  entitled  "An  Act  to 
amend  the  Act  to  incorporate  the  City  of  San  Antonio,"  approved 
February  11,  1860,  and  all  Acts  amendatory  of  said  Act  approved 
August  13,  1870,  be  and  th?  same  are  hereby  repealed. 


m. 


inSTDEX 


CITY   CHARTER 


REFERENCES    ARE   TO    SECTIONS 


A 

Section 
♦ABATEMENT  OF  NUISANCES. 

♦ABUSIVE  LANGUAGE. 

ACTING    MAYOR 22,15,18 

ACT,    PUBLIC 125 

ACT,    REPEALING  PREVIOUS   CHARTERS 126 

ADDITIONS  TO  CITY 90 

AFFIDAVITS — City  Clerk  may  administer 56 

♦AFFRAYS. 

♦ALDERMEN:  — 

Qualifications  of    8 

Oath    of    office    13 

Number  of 7,21 

Election  and  term  of  office 9 

Vacancies,  how  filled 14 

Removal  of 8,  10,  11 

Shall  not  hold  other  office,  nor  be  surety,  nor  vote,  when.  .  11 

Salary  of  and  exemption  from  jury  service 18 

May  order  elections,  when 12 

May  call  special  council  meetings,  when  and  how 21 

Attendance  may  be  compelled 21 

Shall  elect  mayor,  when 15 

*  See  City  Council. 


38  INDEX   TO   CHARTER   OF 

Section 

Act  as  mayor  pro  tempore 22 

Members  of  Board  of  Equalization 116 

♦ALLEYS  AND  STREETS. 

♦ALLEYS,  PIN  AND  BALL. 

♦AMUSEMENT,  PLACES  OF. 

♦ANIMALS  (see  also  Butchers;  see  Pounds). 

APPEAL — City  may,  without  bond 45 

♦APPROPRIATIONS :  — 

Must  be  by  ordinance 20,  40,  41 

Not  to  be  made  for  private  or  special  purposes 41 

Quorum  for  making    19 

♦ASSAULTS  AND  BATTERY. 

♦ASSESSMENT   OF  PROPERTY    (see  also  Assessor;    see   Tax- 
ation). 

How  made    30,  116,  118 

Shall  be  special  lien 121 

ASSESSOR  (see  also  Assessment) : — 

Election  and  term  of  office 7,  9 

Duties  and  authority  of 30 

How   removed    10 

Salary   of    18 

Shall  not  hold  other  office,  or  claim,  or  be  surety 11 

♦ASSIGNATION  HOUSES. 

ASSIGNMENT  OF  WAGES— Not  permitted 113 

♦ASYLUMS. 

ATTORNEY:  — 

Election  and  term  of  office 7,  9 

Duties  of    29,  40,  47 

How   removed    10 

Salary  of    18 

Shall  not  hold  other  office,  or  claim,  or  be  surety 11 

AUDITOR:  — 

Election  and  term  of  office 7,  9 

*  See  City  Council. 


CITY   OF   SAN   ANTONIO.  39 

Section 

Qualification  and  duties  of   33,  31,  124 

How   removed    10 

Salary  of    18 

Shall  not  hold  other  office,  or  claim,  or  be  surety 11 

♦AVENUES,  STREETS  AND  ALLEYS. 
AYE  AND  NAY  VOTE  IN  COUNCIL 21 

B 

♦BAGGAGE  WAGONS. 

*BALL  ALLEYS. 

♦BALLS,  PUBLIC. 

♦BAWDY  HOUSES. 

♦BEGGARS. 

♦BELLS  AND  BUGLES. 

♦BILLIARDS. 

♦BIRTHS. 

♦BLACKSMITH  SHOPS. 

♦BOARD  OF  EQUALIZATION. 

♦BOARDING  SCHOOLS. 

BOND  OR  SECURITY — City  not  required  to  give 45 

♦BONDS,  CITY. 

Not  taxable    106 

Special  funds  for  paymant  of,  not  to  be  diverted 108 

♦BONDED  DEBT. 

♦BONDS,  DISTRICT  IMPROVEMENT. 
BONDS  OF  OFFICERS 13,  56,  109 

♦BORROWING  MONEY. 

♦BOXING  MATCHES. 

BOUNDARIES  AND  LIMITS  OF  CITY *      2 

BOUNDARIES,  WARD 3 

*  See  City  Council. 


40  INDEX   TO   CHARTER   OF 

Section 
*BRANDS  OP  ANIMALS. 

♦BREACHES  OF  THE  PEACE. 

♦BREWERIES. 

♦BRIDGES. 

♦BRUTAL  EXHIBITIONS. 

BUDGET 27,  39 

♦BUGLES  AND  HORNS. 

♦BUILDINGS. 

♦BULL  FIGHTING. 

♦BURIALS. 

♦BUTCHERS. 

c 

♦CALLINGS,  REGULATION  OF. 

♦CARE  OF  PROPERTY  AND  FINANCES. 

♦CARNEGIE  LIBRARY. 

♦CATTLE. 

♦CEMETERIES    1 

CEMETERY  LOTS,  EXEMPTION  OF 49 

♦CENSUS. 

CERTIFIED  COPIES  OF  RECORDS — When  evidence 37,  36 

CERTIFICATE  OF  DEBT  BY  OFFICER,  NOT  TO  ISSUE 113 

♦CHARGES,  OF  VEHICLES. 
♦CHLORAL. 

CITY  CLERK  (see  Officers,  City)    56,  17,  24,  36,  47 

CITY  COUNCIL  (see  Aldermen;  see  Mayor). 

Abatement  of  nuisances   59,  61,  62,  67,  90 

.     Abusive  language 86 

Additions  to  city 90 

Affrays - 91 

*  See  City  Council. 


CITY   OF   SAN   ANTONIO.  41 

Section 

Alleys    90,  92 

Alleys,  pin  and  ball    75 

Amusement,   places   of    77,  8  5 

Animals    69,  82,  83 

Assaults  and  battery 8  6 

Assessment  of  property   116, 121 

Assignation  houses    75 

Asylums    ,.  .  .  88 

Aye  and  nay  vote  in  council 21 

Baggage  wagons 76 

Ball  alleys    75 

Balls,  public 75,  85 

Bawdy   houses    75 

Beggars    78 

Bells   and   Bugles    93 

Billiards    75 

Births     8  4 

Blacksmith  shops 61 

Board  of  equalization 116 

Boarding  schools 88 

Bonds  of  officers 13,  56 

Bonded   debt    53,  54,  55,  108 

Borrowing  money 53,  54 

Boxing  matches    85 

Brands  of  animals 69 

Breach   of   the   peace    8  6 

Breweries    61 

Bridges 67,  68,  92 

Brutal  exhibitions    85 

Budget 27,39 

Buildings    64,  72,  80,  88,  89 

Bull  fighting    85 

Burials    8  4 

Butchers    61,  69 

Callings,   regulation  of    99 

Care  of  property  and  finances 19,  51 

Carnegie  Library    66 

Cattle    ' 82,83 

Cemeteries 71,  84 


42  INDEX   TO   CHARTER   OF 

Section 

Census    ,  .  -  74 

Charges  of  vehicles 76 

Chloral    70 

Compromise  of  suits 47 

Cocaine 70 

Cock  fighting 85 

Colleges 88 

Comfort,  public    59 

Compensation  of  officers    18,  56 

Composition  of    •. 7,  21 

Concerts    71,77 

Condemnation    proceedings    97,  98 

Confirmation  of  appointments 14,  15,  16 

Contagious   diseases    60 

Conveyance   of  property 20 

Corporation  court    78,100 

Crossings    68 

Culverts   and    crossings    68 

Current  expenses   52 

Dams .- 67 

Dances    75,  85 

Deadly   weapons    - 81 

Deaths    84 

Debts  and  expenses   (see  bonded  debt;  see  unbonded  debt) 

52,55,42,43 

Depository,  city 110 

Depot  grounds    94 

Disease,  suppression  of 5  9,  60 

Disorderly  conduct    81,  86 

Disorderly  houses    75 

Districts,    imp't    54,  55 

Disturbances 81,  86 

'  Ditches    67,  9  4 

Dogs    8  3 

Dog   fighting    85 

Drains 62 

Draymen    and    drivers     76 

Driving,    immoderate    82 

Drugs,    poisonous    '. 62 


CITY   OF   SAN   ANTONIO.  43 

Section 

Educational   establishments    88 

Elections    12,  53,  54,  58,  101 

Election  officers    6 

Election  precincts    3 

Election  regulations    4 

Electric   plant,   wires,   rates,   etc 57,  58,  63,  97,  98 

Engineer,  not  to  give  lines  in  additions,  unless 90 

Encroachments 68,  90 

Equalization  board    116 

Establishments,  manufacturing    '.  .  .  .         61,  67 

Excess  in  general  fund 52,  108 

Exhibitions,  brutal  and  indecent 75,  77,  85 

Expenses,   expenditures   and    debts 52,  55,  57,  58 

Factories    67 

Fees,  inspection 69,  99 

Fighting 86,85 

Filth    92 

Finances 19,  51 

Fines    100 

Fires,  fire  department  and  fire  limits 89 

Firecrackers,  fireworks  and  firearms    93 

Fish    69 

Foundries    61 

Franchises    101,102,103,104,105 

Fraudulent  devices    75 

Fruit    69 

Fund,    general    52,  106,  108 

Funds,   sinking    53,54,  108,  109 

Funds,    special     66,  106,  108,  109 

Gambling 75,  78 

Gardens,   zoological    71 

Gas  and   gas   plants    57,  58,  63,  98 

Gift  of  property 97 

Good   order    8  6 

Grounds,  private 64 

Grounds,  public    90 

Gutters    .' 92 

Hacks    and    hackmen     76 

^  Hawkers 77 


44  INDEX   TO   CHARTER   OF 

Section 

Hay *. 80 

Health    59,67,99,100 

Hides     61,69 

Highways 90,94 

Hoops    93 

Horses 82,83 

Horns  and  bugles 9  3 

Hospitals    60,  88 

Hotels  and  public  houses   76 

Houses   of  assignation    75 

Houses  of  correction 65 

Houses,  disorderly  and  prostitution    75,  78,  87 

Houses,  public 76 

Houses,  school 88,  98 

Immoderate  driving 82 

Improvement  districts   .  . 54,  55 

Improvements,  public    53,  5  4 

Indecencies 75,  77 

Inspection  of  commodities,  buildings,  weights,  etc 

69,  72,  79,  80,  88,  99 

Intoxicating  liquors 73 

Judgments    42,  43,  112 

Kites    93 

Libraries    66 

Licenses,   callings    69,  75,  76,  77,  85,  99 

Lighting 57,58,63 

Limits,   city 2 

Limits,   ward    3 

Liquors 73 

Lots,  filling  of,  etc 62 

Lotteries    75 

Lumber    80 

Malt  liquors    73 

Manufactories 61, 99 

Measures    79,80 

Meat  markets  and  market  houses 69,  61 

Meetings 21 

Mendicants 78 

Milk 69 


CITY   OF   SAN   ANTONIO.  45 

Section 

Misdemeanors 78,86,100 

Morphine    • 70 

Mules    83 

Music    71,78 

Nuisances     59,61,67,68,93 

Offal    61 

Offices  and  'officers 56,  16,  17,  18 

Oil   pipes    63 

Opium     70 

Ordinances,  power  to  pass,  etc 51,  35 

Ordinances,   to  be  published    36 

Parks,  public  places  and  plazas    71,  90,  92,  93,  97 

Passes,  R.  R 96 

Pawnbrokers 77 

Payment  of  debts  and  expenses 52,  55 

Peddlers 77 

Physicians    70,  84 

Pin  alleys 74 

Police    65,  99,  100 

Porters    76 

Pounds,  public 83 

Prisons  and  poorhouses    65 

Privies 61,62 

Property,  city  and  private    19,  51,  64 

Prostitutes    78 

Prostitution,    houses    of 75,  87 

Public   houses' 76 

Public   improvements    53,  5  4 

Public    places     81,  85,  90,  92 

Punishments    (see  fines)     100 

Quarantine    60 

Quarrelling    86 

Quorum    19,  20 

Railroads    94,  9  6 

Railroad  tickets  and  passes    9  6 

Railway,  street 58,  94,  95,  96 

Revenues,   current    52 

Riots 81 

Rivers  and  streams    67 


46  INDEX   TO    CHARTER   OF 

Section 

Schools    88 

School  houses    98 

Sewers    62,68,90,94,97,98 

Sextons    84 

Shade  trees    71 

Sidewalks     68,  71,  90,  91,  92,  93 

Slaughtering    establishments    61 

Sparring  exhibitions    ' 85 

Stables    61 

Standard  weights  and  measures 79 

Stock  yards    61 

Streets  and  alleys 71,  82,  90,  91,  92,  93,  94,  97.  98,  100,  101 

Subdivisions,  property 9  0 

Suits,  .compromise  of    47 

Surplus  in  general  fund 108 

Tanneries    61 

Taxation     .  .  .19,  30,  31,  53,  54,  66,  106,  107,  116,  117,  119,  120,  121 

Teams 93 

Telegraphs    58,63 

Telephones    58,  63 

Theatres    73,  7  7 

Tickets,   railroad    9  6 

Timber    80 

Trees,  shade 71 

Unbonded  debt 124 

Utilities,   public    58 

Vacancies 14,  15 

Vaccination 60 

Vagrants 78 

Vegetables    69 

Velocipedes 93 

Veto    26 

Vote  in  council  by  yeas  and  nays 21 

Wards 3 

Warrants    5  2 

Water   and   water   works    57,  58,  63,  97,  98 

Weapons,  deadly    81 

Weights  and  measures 79,  8  0 

Whistles    93 


CITY   OF   SAN   ANTONIO.  47 

Section 

Wood    80 

Workhouses    65 

Yea  and  nay  vote  in  council 21 

Zoological   gardens    71 

CITIZENS — Right   to  inspect  records    38 

CITY   LIMITS    3 

^COCAINE. 
^COCK  FIGHTING. 
COLLECTOR:  — 

Election  and  term  of  office 7,  9 

Duties   of    31 

How    removed    .^ 10 

Salary   of    18 

Shall  not  hold  other  office,  or  claim,  or  be  surety 11 

^COLLEGES. 

^COMFORT,  PUBLIC. 

COMMISSIONS  OF  OFFICES — By  whom  issued 24 

^CONCERTS. 

^CONDEMNATION   OF    PROPERTY 1 

^CONTAGIOUS  DISEASES. 

CONTRACT — City  may,  and  how    .  .  .  .  , 1,  20 

CONVEYANCE  OF  PROPERTY 1,  20 

CORPORATE    POWERS 1,48 

By  whom  exercised '. 7,  16,  19 

CORPORATION  COURT  AND  JUDGE  34,  78,  100 

Election  and  term  of  office 7,  9 

Duties  of 34 

How   removed    10 

Salary   of '.  .  .  .  18 

Shall  not  hold  other  office,  or  claim,  or  be  surety 11 

COSTS — No  officer  entitled  to 41 

COST  BOND:  — 

City  not  required  to  give 45 

*  See  City  Council. 


48  INDEX   TO   CHARTER   OF 

Section 
CREDITORS   OF   CITY     109,  112,  42,  43,  124 

♦CROSSINGS  AND  CULVERTS. 

♦CURRENT  EXPENSES  (see  also  Budget). 

D 

*DAMS. 

DAMAGES:  — 

City  liable  for,  when 46 

Not  liable  for  sidewalks    46 

Police  officers,  not  liable  for,  when 42 

♦DANCES.  ^ 

♦DEADLY  WEAPONS. 

♦DEATHS. 

♦DEBT — When  void 40 

Not  subject   to   garnishment    44 

♦DEBTS  AND  EXPENSES   (see  also  Creditors  of  City). 

♦DEPOT   GROUNDS 

♦DEPOSITORY,   CITY 

♦DISEASE 

♦DISORDERLY  CONDUCT. 

♦DISORDERLY  HOUSES. 

♦DISTRICTS,  IMPROVEMENT. 

♦DISTURBANCES. 

♦DITCHES. 

♦DOGS. 

♦DOG  FIGHTING. 

♦DRAINS. 

♦DRAYMEN  AND  DRIVERS. 

♦DRIVING,   IMMODERATE. 

♦DRUGS,  POISONOUS. 

*  See  City  Council. 


CITY   OF   SAN   ANTONIO.  49 

Section 
E 

♦ELECTIONS 3,  4,  5,  6,  9,  12,  15,  53,  54,  55,  58,  101 

EMPLOYES,  not  to  be  inci'eased  prior  to  election Ill 

♦ESTABLISHMENTS,   EDUCATIONAL   OR   MANUFACTURING. 

♦ELECTRIC  PLANTS,  WIRES,  RATES,  ETC. 

♦ENCROACHMENTS. 

♦ENGINEER  (see  Officers,  City). 

♦EQUALIZATION,  BOARD  OF. 

EXAMINATION  OF  RECORDS  BY  CITIZENS 38 

EXECUTION,  SHALL  NOT  ISSUE 42 

EXEMPTIONS:  — 

Aldermen  from  jury  service    18 

From  security  or  other  bonds 45 

From  taxation  and  forced  sale 43,  49,  106 

EXHIBITS,  FINANCIAL 28,  33,  124 

♦EXHIBITIONS,  BRUTAL  AND  INDECENT. 
♦EXPENSES,   EXPENDITURES  AND  DEBTS. 

EVIDENCE,  charter  and  certified  copies,  as 36,  37,  125 

F  . 

♦FACTORIES. 

♦FEES,  no  officer  entitled  to 41 

♦FEES,  INSPECTION. 

♦FIGHTING. 

♦FILTH. 

♦FINANCES. 

♦FINES:  — 

May  be  remitted  by  mayor 25 

Must  be  paid  into  treasury   41 

Refusal  to  obey  call  for  posse  comitatus 25 

*  See  City  Council. 


50  INDEX  TO   CHARTER   OF 

Section 
♦FIRES,  FIRE  DEP'T  AND  FIRE  LIMITS. 

♦FIRECRACKERS,  FIREARMS  AND  FIREWORKS. 

FISCAL   YEAR    118 

♦FISH. 

♦FOUNDRIES. 

♦FRANCHISES:  — 

Subject  to  taxation 30,  106 

Quorum  for  granting 19 

Granted  by  ordinance    20 

♦FRAUDULENT  DEVICES. 

♦FRUIT. 

♦FUNDS:  — 

Treasurer  to  keep  account  of 32 

Sball  not  be  diverted    108,  109 

Excess,  in  general  fund    108 

G 

*  GAMBLING. 

GARNISHMENT,  shall  not  issue 44 

♦GAS  AND  GAS  PLANTS. 
*GIFT  OP  PROPERTY. 
♦GOOD  ORDER. 

GOVERNMENT,  MUNICIPAL,  consists  of,  whom 7 

♦GROUNDS,  PUBLIC  AND  PRIVATE. 
♦GUTTERS. 


H 


♦HACKS  AND  HACKMEN. 

♦HAWKERS. 

♦HAY. 

*  See  City  Council. 


CITY   OF   SAN  ANTONIO.  51 

Section 


♦HEALTH. 
*HIDES. 
♦HIGHWAYS. 
*HOOPS. 

*  HORNS  AND  BUGLES. 

*  HORSES. 
♦HOSPITALS. 

♦HOTELS  AND  PUBLIC  HOUSES. 

♦HOUSES  OF  ASSIGNATION. 

♦HOUSES  OF  CORRECTION. 

♦HOUSES,  DISORDERLY  AND  OF  PROSTITUTION. 

♦HOUSES,  PUBLIC. 

♦HOUSES,  SCHOOL. 


♦IMMODERATE  DRIVING. 

♦IMPROVEMENT  DISTRICTS. 

♦IMPROVEMENTS,   PUBLIC,    warrants   for 108 

INCREASE  OP  EMPLOYMENTS  before  election  prohibited.  .  .  Ill 

♦INDECENCIES. 

INDEBTEDNESS    (see  Bonds;   Bonded  Debt;   Unbonded  Debt; 
Debts  and  Expenses;  Judgments). 
Certificate  of  by  officer,  not  to  issue 113 

♦INSPECTION    OP    COMMODITIES,     BUILDINGS,    WEIGHTS, 
ETC. 


'INTOXICATING  LIQUORS. 


JUDGE,  JUROR  OR  JUSTICE. 

Citizen  not  disqualified  to  serve  as 42 


See  City  Council. 


52  INDEX   TO   CHARTER   OF 

Section 
JUDGMENTS 42,  43,  112 

K 

♦KITES. 

L 

LABORERS:  — 

How  paid;  number  of  not  to  be  increased  before  election.  .  Ill 

How  paid  on  pay  roll 113 

Wages  of,  not  assignable   113 

LANDS   (see  Sewer  Farm;  Exemptions). 

How  acquired,  convej-ed  and  leased 1,  20 

*LIBRARIES. 

*LICENSING  OF  CALLINGS,  ETC. 

*LIGHTING. 

LIMITS:  — 

City 2 

Ward 3 

*LIQUORS. 

*LOTS,  filling  of. 

*LOTTERIES. 

♦LUMBER. 

M 

*MALT  LIQUORS. 

*  MANUFACTORIES. 

*  MARKETS  AND  MARKET  HOUSES. 

MAYOR: — Member  of  board  of  equalization 116 

Member  of  city  council 7,  21 

Qualification  of    8 

Election  and  term  of  office 7,  9 

Shall  not  hold  other  office,  or  claim,  or  be  surety 11 

*  See  City  Council. 


CITY   OF   SAN   ANTONIO.  53 

Section 

Shall  give  notice  of  elections 12 

Shall  fill  vacancies    ,    14 

Shall  appoint  officers    16 

May  remove  appointive  officers 17 

Salary  of    18 

Shall  preside  at  council  meetings  and  vote  when 21 

Other  duties  of 23,  24,  25,  26,  27,  28,  36,  39 

Notice  of  damages,  to  be  given  to 46 

How  suspended  or  removed 10 

Vacancy  in  office  of,  how  filled 15 

MAYOR  PRO  TEMPORE 22 

Salary  of 18 

♦MEASURES  AND  WEIGHTS,   ETC. 

*MEAT  (see  Markets  and  Market  Houses). 

*  MENDICANTS. 

MILITIA,  mayor  may  call  out 25 

*MILK. 
*MISDEMEANORS. 

*  MORPHINE. 

*  MULES. 
*MUSIC. 

N 

♦NUISANCES. 

o 

OATH  OF  OFFICE    13 

OCCUPATION  TAX  (see  also  Taxes  and  Taxation)    107 

*  OFFAL. 

♦OFFICERS,  CITY:  — 

Qualifications  of    8 

Terms  of  office   9,  17 

*  See  City  Council. 


54  INDEX   TO   CHARTER   OF 

Section 
Elective    officers,    who    are,    when    elected    and    when    to 

qualify 7,9,14 

Appointive  officers,  how  chosen 16 

Oath  and  bond 13 

Removal  and  suspension  of  officers 10,  17,  14,  8,  11 

Vacancies,  how  filled    14,  15,16 

Office  created  and  abolished  by  council 16 

Salaries  of  and  how  fixed 18 

Salaries  of  board  of  equalization .  116 

Entitled  to  warrants Ill,  113 

Not  entitled  to  warrants  if  indebted  to  city 114 

Shall  not  assign  wages 113 

Reports  of 24,  39 

Not  to  purchase  claims,  or  be  surety 11 

Old,  continued  in  office 50 

*OIL  PIPES. 

*OPIUM. 

*ORDER,   GOOD. 

♦ORDINANCES:  — 

Authority  to  pass i 

Quorum  for  passing 19,  20 

Requirements  of    35 

To  be  published 36 

When  to  take  effect 36 

What  required  to  be  done  by 20 

Debt  void,  unless  authorized  by 40 

In  what  cases  city  council  acts  by 51  to  108,  110 

Taxes  levied  by 106,  107 

Special  funds  created  by 108 

Old,  continued  in  force    50 

P 

PARDONS,  granted  by  mayor 25 

♦PARKS,  PLAZAS,  ETC. 
♦PASSES,  RAILROAD. 
*  See  City  Council- 


CITY   OF    SAN   ANTONIO.  55 

Section 
♦PAWNBROKERS. 

♦PAYMENT  OP  DEBTS  AND  EXPENSES. 

PAY  ROLLS Ill,  113 

♦PEDDLERS. 

PENALTY,  delinquent  taxes 120,  119 

♦PHYSICIANS 
♦PIN  ALLEYS. 

♦POLICE:  — 

How  appointed 16,  25 

How  removed 17 

Salary  of,  fixed  by  council 18 

Not  liable  for  damages,  when   42 

Not  entitled  to  fees    41 

POLL  TAXES  (see  Taxation). 

♦PORTERS. 

POSSE  COMITATUS:  — 

May  .be  summoned  by  mayor 'ih 

♦POUNDS.  PUBLIC. 

♦PRISONS  AND  POOR  HOUSES. 

♦PRIVIES. 

♦PROPERTY    (see  also  Conveyance  of  Property). 

♦PROSTITUTES  AND  PROSTITUTION. 

♦PUBLIC  HOUSES. 

♦PUBLIC  IMPROVEMENTS. 

♦PUBLIC  PLACES. 

♦PUNISHMENTS. 

Q 

♦QUARANTINE. 
♦QUARRELLING. 
QUORUM   OP   CITY   COUNCIL    19,  20 

*  See  City  Council. 


56  INDEX   TO   CHARTER   OF 

Section 
R 

*  RAILROADS,  RAILROAD  TICKETS  AND  PASSES. 
*RAILWAYS,  STREET. 

RECORDS,  Citizens  may  inspect  (see  also  Evidence) 38 

RECORDER  (see  Corporation  Court). 

REPEALING  CLAUSE 126,  125,  50 

REPORTS    OF   OFFICERS 24,  28,  39,  31,  32,  33 

RESIGNATIONS  AND  REMOVALS  PROM  OFFICE  (see  Vacan- 
cies; also  Officers,  City). 

RESOLUTION,  council  may  act  by 20 

*  RIOTS,  mayor  may  suppress 25 

*  RIVERS  AND  STREAMS. 


S 


SALARIES   (see  Officers,  City). 

*SANITARY  PURPOSES  AND  SEWERS:  — 
City  may  acquire  property  for 

*SCHOOLS  AND  SCHOOL  HOUSES. 

SEAL,  CORPORATE 

*SEWERS:^ 

Farm  not  to  be  conveyed  or  leased  .  .  .  . 

*SEXTONS. 

*SHADE  TREES. 

*  SIDEWALKS. 

*  SLAUGHTERING  ESTABLISHMENTS. 
*SPARRING  EXHIBITIONS. 

*  STABLES. 

♦STANDARD  WEIGHTS  AND  MEASURES. 
♦STOCK  YARDS. 
•  See  City  Council. 


CITY    OF    SAN   ANTONIO.  57 

Section 
SPECIAL  FUNDS  (see  Funds). 

•^STREETS  AND  ALLEYS. 

'^SUBDIVISIONS  OF  PROPERTY. 

SUITS:  — 

Compromise  of    47 

For   taxes    121,  122,123 

SURPLUS  IN  GENERAL  FUND 108. 

SUSPENSION  PROM  OFFICE  (see  also  Officers,  City) 10,  17 

T 

*=TANNERIES. 

^TAXATION   (see  also  Exemptions):  — 

Budget  for 27 

Board  of  Equalization 116 

Quorum  required  to  levy 19 

Assessment  for  and  when  rolls  completed 30 

Collection   of    31 

Rate  of 106,  117 

Occupation  and  poll    107 

Exemptions   from 49,106 

What  subject  to  and  when 106,  30,  118 

Payable  in  money    115 

How  levied  and  collected  and  when  payable    116 

Interest  and  penalty  are  delinquent 119,  120 

When  taxes  due 119 

Lien  for  and  how  collected    121,  122,  123 

Council  may  compromise  suits  for 47 

Taxes  barred  in  ten  years 123 

Payment  of  indebtedness  provided  by 43 

Warrant  not  to  issue  to  delinquent  taxpayer 114 

TAXPAYERS,   when  may  vote r> 

*  TEAMS. 

'=TELEGRAPHS  AND  TELEPHONES. 

"THEATRES. 

•  See  City  Council. 


58  INDEX   TO   CHARTER   OF 

Section 
♦TICKETS,  RAILROAD. 

♦TIMBER. 

TREASURER:  — 

Election  and  term  of  office 7,  9 

Duties  of 32 

How  removed    10 

Salary  of 18 

Shall  not  hold  other  office,  or  claim,  or  be  surety.  ......  11 

Shall  not  divert  funds   108,  109 

Not  liable  when  depository  designated 110 

♦TREES,  SHADE. 

u 

♦UNBONDED  DEBT  (see  also  Debts  and  Expenses) 124 

♦UTILITIES,  PUBLIC. 

V 

VACANCIES   (see  Officers,  City) 14,  15,  16,  8,  11 

♦VACCINATION. 

♦VAGRANTS. 

♦VEGETABLES. 

♦VELOCIPEDES. 

VETO  BY  MAYOR 26 

VOTE  IN  COUNCIL  BY  YEA  AND  NAY 21 


w 

WAGES   (see  Salaries  of  Officers)    113,  111,  114 

WARDS  OF  CITY  (see  Aldermen):  — 

Number  and  boundaries  of    3 

Shall  not  be  changed  before  elections 3 

One  alderman  from  each   7,9 

Alderman  must  be  resident  of 8 

•  See  City  Council. 


CITY   OF   SAN    ANTONIO.  59 

Section 
•WARRANTS:  — 

How  signed 24 

Creditors  entitled  to  and  how  paid 112 

For  salaries    Ill,  113 

May  be  transferred    113 

Not  to  bear  interest  nor  receivable  for  taxes 115 

Officer  not  to  purchase 11 

On  special  and  improvement  funds 108 

Debts  must  be  provided  for  by  ordinance 40 

Not  to  be  delivered  to  delinquent  debtor 114 

♦WATER  AND  WATERWORKS. 

♦WEAPONS,  DEADLY. 

♦WEIGHTS  AND  MEASURES. 

♦WHISTLES. 

♦WOOD, 

♦WORK  HOUSES. 

Y 

YEA  AND  NAY  VOTE  IN  COUNCIL 21 


^ZOOLOGICAL  GARDENS. 


See  Oity  Council. 


//^^j4t. 


CHARTER 


TULSA,  OKLAHOMA 


..ipd  by 

ixj.uu  oi  Freeholder 

Adopted  July  3,  190S 


m 


CONTENTS 

TULSA  CITY  CHARTER 


ARTICLE  I. 

Pages. 

Incorporation  and  Territory 1-   2 

ARTICLE  II. 
Powers  of  City 2-20 

Revenue  and  Taxation 2-   3 

Police  Department 3-  7 

Fire  Department  7-   8 

Health,  Sanitation,  Cemetery 8-11 

Municipal  Service 11-14 

Franchises 14-19 

ARTICLE  III. 

Board  of  Commissioners 19-28 

ARTICLE  IV. 
City  Attorney — Alunicipal  Court_ — City  Treasurer 28-31 

ARTICLE  V. 
Park  Board 32-34 

ARTICLE  VI. 
Assessment  and  Collection  of  Taxes 34-45 

ARTICLE  VII. 
Public  Utilities 40-45 

ARTICLE  VIII. 
Ordinances  45-46  , 

ARTICLE  IX. 
Street  and  Sidewalk  Improvements • 46-60 

ARTICLE  X. 
Recall  of  Elective  Officers 60-61 

ARTICLE  XI. 
Miscellaneous  Provisions  61-71 


Charter  of  the  City  of  Tulsa,  1908 


Prepared  and  proposed  by  a  Board  of  Free-Holders,  coinposed  of 
two  members  from  each  of  the  four  waids  of  the  City  of  Tulsa,  State  of 
Oklahoma,  elected  bj'  the  qualifled  electors  of  said  city,  at  a  special  elec- 
tion, held  in  the  said  City  of  Tulsa,  on  the  fourth  day  of  February,  1908, 
under  and  pursuant  to  the  provisions  of  Article  IS  of  the  Constitution, 
State  of  Oklahoma. 


ARTICLE  1. 

INCORPORATION   AND  TERRITORY. 

Section  1.  INCORPORATE  NAME.  All  inhabitants  of  the  City  of 
Tulsa,  Tulsa  County,  Oklahoma,  as  the  boundaries  and  limits  of  said  city 
are  here  established,  or  may  be  hereafter  established,  shall  be  a  body 
politic  and  incorporate  under,  and  to  be  known  by  the  name  and  style  of 
the  "City  of  Tulsa,"  with  such  powers,  rights  and  duties  as  herein  pro- 
vided. 

CITY  LIMITS. 

Section  II.  BOUNRARIES.  All  boundaries  and  limits  to  the  City  of 
Tulsa  are  hereby  established  and  described  as  follows: 

Beginning  at  the  intersection  of  the  range  line  between  range 
thirteen  (13)  and  twelve  (12)  East  with  boundary  line  between 
the  Cherokee  and  Creek  Nations.  Thence  South  along  said 
range  line  to  its  intersection  with  the  center  line  running 
through  sections  twelve  (12)  and  seven  (7),  ranges  twelve 
and  thirteen  (13),  township  nineteen  (19).  Thence  West 
along  the  center  line  of  section  twelve  (12)  to  the  cen-  . 
ter  of  section  eleven  (11)  in  range  twelve  (12),  town- 
ship nineteen  (19).  Thence  North  along  teh  center  line  of  sec- 
tions eleven  (11)  and  two  (2),  range  twelve  (12)  township  nine- 
teen (19)  to  its  intersection  of  the  boundary  line  between  the 
Creek  and  Osage  Nations.  Thence  West  along  the  boundary 
lines  between  the  Creek  and  Osage  Nations  to  its  intersection 
with  the  96th  Meridian.  Thence  North  along  the  96th  Meridian 
to  the  North  line  of  the  Brady  Heights,  an  addition  to  the  City 
of  Tulsa.  Thence  East  along  the  North  line  of  Brady  Heights 
to  the  center  line  of  Cheyenne  avenue.  Thence  South  along 
the  center  line  of  Cheyenne  avenue  to  its  intersection  with  the 
center  line  of  Haskell  avenue,  the  same  being  the  North  line 
of  North  Tulsa,  an  addition  to  the  City  of  Tulsa.  Thence  East 
along  the  said  North  line  of  North  Tulsa  to  its  intersection  with 
the  center  line  of  Exter  Place,  the  same  being  the  East  boundary 


TULSA  CITY  CHARTER. 


line  of  North  Tjlja.  mi  addil^on  to  the  City  of  Tulsa.  Thence 
South  along-  the  fair!  East  bcundary  line  of  North  Tulsa  to  its 
'  intersection  with  th<!  boundary  line  between  the  Creek  and  Cher- 
okee Nations.  Ther,ce  East  along  the  said  boundary  line  to_the 
place  of  beginning: 

PLATTING  PROPERTY 
Sec.  III.  PLATTING  PROPERTY.  Should  any  property  lying  with- 
in the  city  limits,  as  established  by  this  charter,  be  hereafter  platted 
into  blocks  and  lots,  then  and  in  that  event  the  owners  of  said  property 
shall  plot  and  lay  the  same  off  to  conform  with  the  streets  and  lots  abut- 
ting the  same,  and  shall  file  with  the  City  Engineer  a  correct  map  of 
same;  provided,  that  in  no  case  shall  the  City  of  Tulsa  be  required  to  pay 
for  any  of  said  streets  at  whatever  date  opened,  but  when  opened  by 
reason  of  the  platting  of  said  property  at  whatever  date  platted,  they 
shall  become  by  such  act  the  property  of  the  City  of  Tulsa  for  use  as 
public  highways  and  may  be  cared  for  as  such. 

ADDITIONAL  TERRITORY— HOW  ADMITTED. 
Sec.  IV.  ADDITIONAL  TERRITORY.  Any  territory  adjoining  the 
present  or  future  boundaries  of  said  city  may  from  time  to  time,  in  any 
size  or  shape  desired,  be  admitted  and  become  a  part  thereof  on  applica- 
tion made  or  written  consent  given  to  the  City  Commissioners  by  the 
owner  or  owners  of  the  land,  or,  as  the  case  may  be,  by  a  majority  of 
the  legal  voters  residing  on  the  land  sought  to  be  added.  In  all  such 
cases  the  terrtory  so  added  .shall  be  described  by  metes  and  bounds,  in 
an  ordinance  accepting,  assenting  and  adding  the  same  to  the  municipal 
corporation;  and  thereafter  the  inhabitants  of  the  said  added  territory 
shall  in  all  respects  be  on  an  equal  footing  with  the  inhabitants  of  the 
original  municipal  territory. 


ARTICLE   II. 


POWERS  OF  THE  CITY. 


Section  1.  GENERAL  POWERS  1.  The  City  of  Tulsa  made  a  body 
politic  and  corporate  by  this  charter,  shall  have  perpetual  succession, 
amy  use  a  common  seal,  may  sue  and  be  sued,  may  contract  and  be 
contracted  with,  implead  and  be  impleaded  in  all  courts  and  places,  and 
in  all  matters  whatever,  may  take,  hold  and  purchase  lands  as  may  be 
needed  for  corporate  purposes  of  this  city,  and  may  sell  any  real  estate 
or  personal  property  owned  by  it;  perform  and  render  all  public  serv- 
ices, and,  when  deemed  expedient,  may  condemn  property  for  public  use, 
within  or  without  the  city;  and  may  hold,  manage  and  control  the  same; 
but  in  every  case  the  city  shall  make  the  persons  or  person  whose  prop- 
erty shall  be  taken  or  injured  thereby,  adequate  compensation  therefor, 
in  the  manner  and  method  of  such  condemnation  and  the  method  of  as- 
certaining the  compensation  therefor  as  is  now  or  shall  hereafter  be  pro- 
vided by  the  general  laws  of  the  State  of  Oklahoma. 


TULSA  CITY  CHARTER. 


2.  The  City  of  Tulsa  shall  have  power  to  enact  and  to  enforce  ordi- 
nances necessary  to  protect  health,  life  and  property  and  to  prevent  and 
summarily  abate  and  remove  nuisances,  and  to  preserve  and  enforce  the 
good  government,  order  and  security  of  the  city  and  the  inhabitants  or 
said  city,  and  to  enact  and  enforce  any  and  all  ordinances  upon  any  sub-; 
ject;  provided  that  no  ordinance  shall  be  enacted  inconsistent  either  with 
the  Constitution  or  law  of  the  State  of  Oklahoma,  or  inconsistent  with 
the  provisions  of  this  Charter;  and  provided  further,  that  the  specifica- 
tions of  particular  powers  herein  authorized  shall  never  be  construed  as 
a  limitation  upon  the  general  powers  herein  granted,  it  being  intended 
by  this  Charter  to  grant  to  and  bestow  upon  the  inhabitants  of  tho  City 
of  Tulsa  full  power  of  self-government,  and  it  shall  have  and  exercise 
all  pnvers  of  municipal  government  not  prohibited  to  it  by  this  Charter, 
or  by  some  general  law  of  the  State  of  Oklahoma,  or  by  the  provisions  of 
the  Constitution  of  the  State  of  Oklahoma. 

3.  All  real  estate  owned  in  fee  simple  title,  or  held  by  lease,  suffer- 
ance, easement  or  otherwise;  all  public  buildings,  market  houses,  school 
buildings,  school  houses,  fire  engine  stations,  public  squares,  parks, 
streets  alleys,  and  all  property  of  whatever  kind,  character  and  descrip- 
tion which  has  been  granted,  donated,  purchased  or  otherwise  acquired 
by  the  City  of  Tulsa,  through  any  means  or  agency,  and  all  causes  of 
action,  choses  in  action,  rights  or  privileges  of  every  kind  and  character, 
and  all  property  of  whatsoever  character  or  description  which  may  have 
been  held,  and  is  now  held,  controlled  or  used  by  the  said  City  of  Tulsa 
for  public  uses  or  in  trust  of  the  public,  shall  vest  in,  and  remain  in  and 
inure  to  the  said  corporation,  the  City  of  Tulsa,  under  this  Charter;  and 
all  suits  and  pending  actions  to  which  the  City  of  Tulsa  heretofore  was, 
or  now  is,  a  party,  plaintiff  or  defendant,  shall  in  no  wise  be  affected  or 
terminated  by  the  provisions  of  this  Charter,  but  shall  continue  un- 
abated. 

REVENUE  AND  TAXATION. 

Section  1.  TAXATION.  The  City  of  Tulsa  shall  have  power  and 
is  hereby  authorized  annually  to  levy  and  collect  taxes  for  general  rev- 
enue purposes,  not  exceeding  ten  mills  on  the  dollar  of  the  assessed  value 
on  all  real,  mixed  and  personal  property  in  the  city,  not  exempt  from 
taxation  by  the  Constitution  and  laws  of  the  State;  provided,  that  for 
tl5e  purpose  of  erecting  public  buildings  in  the  City  of  Tulsa,  the  rate 
of  taxation  herein  limited  may  be  increased,  when  the  rate  of  such  in- 
crease and  the  purpose  for  which  it  is  intended  shall  have  been  sub- 
mitted to  a  vote  of  the  people  and  the  majority  of  the  qualified  voters 
of  such  city  voting  at  such  election  shall  vote  therefor,  provided,  that 
such  increase  shall  not  exceed  five  mills  on  the  dollar  of  the  assessed 
\alLiation  of  the  taxable  property  in  the  city. 

-.  The  City  of  Tulsa  shall  not  be  allowed  to  be  indebted  in  any 
manner  or  for  anj-  purpose  to  an  amount  exceeding  in  anj^  one  year  the 
income  and  revenue  provided  for  such  year,  without  the  assent  of  threo- 
fifths  of  the  voters  thereof,  voting  at  an  election  to  be  held  for  that  pur- 
pose, nor  in  cases  requiring  such  assent,  shall  any  indebtedness  he  al- 


TULSA  CITY  CHARTER. 


lowed  to  be  incurred  to  an  amount,  including  existing  indebtedness 
in  the  aggregate,  exceeding  five  per  centum  of  the  valuation  of  the  tax- 
able property  therein,  to  be  ascertained  from  the  last  assessment  for 
State  and  County  purposes,  previous  to  the  incurring  of  such  indebted- 
ness requiring  the  assent  of  the  voters  as  aforesaid  it  shall  have  the 
power  to  provide  for,  and  before,  or  at  the  time  of  incurring  such  in- 
debtedness it  shall  provide  for  the  collection  of  an  annual  tax  in  addi- 
tion to  the  other  taxes  provided  for  by  this  Charter  sufficient  to  pay  the 
interest  on  such  indebtedness  as  it  falls  due  and  also  to  constitute  a 
sinking  fund  for  the  paj^ment  of  the  principal  thereof  within  twenty-five 
years  from  the  time  of  contracting  the  same. 

4.  The  City  of  Tulsa  shall  levy  sufficient  additional  revenue  to 
create  a  sinking  fund  to  be  used,  first,  for  the  payment  of  interest  cou- 
pons as  they  fall  due,  second,  for  the  payment  of  bonds  as  they  fall  due, 
third,  for  the  payment  of  such  parts  of  judgments  as  such  city  may,  by 
law,  be  required  to  pay. 

5.  The  City  of  Tulsa  shall  have  power  to  levy  and  annually  collect 
a  poll  tax  not  exceeding  two  dollars  on  all  able-bodied  males  between 
the  ages  of  twenty-one  and  sixty  years;  when  such  tax  is  authorized 
the  City  Auditor  shall  make  and  certify  a  list  of  those  liable  to  pay  the 
same  and  deliver  such  list  to  the  Commissioner  of  Finance  and  Revenue 
to  be  pla.ced  on  the  tax  roll. 

POLICE  DEPARTMENT. 

Section  3.  POLICE  POWERS.  1.  The  City  of  Tulsa  shall  have 
power,  by  ordinance  duly  passed: 

To  establish  and  maintain  a  City  Police  Department,  prescribe  the 
duties  of  policemen  and  regulate  their  conduct. 

2.  To  permit,  forbid  or  regulate  theatres,  balls,  dance  houses  and 
other  j>ublic  amusements,  and  to  suppress  the  same  whenever  the  preser- 
vation of  order,  tranquility,  public  safety  or  good  morals  may  demand. 

3.  To  prohibit  dram  shops,  drinking  saloons  and  other  places  where 
intoxicating  liquors  are  sold,  and  to  close  variety  theatres  when  neces- 
sary, expedient  or  advisable. 

4.  To  prohibit  and  punish  keepers  and  inmates  of  bawdy  houses 
and  variety  shows;  to  prevent  and  suppress  assignation  houses  and 
houses  of  ill  fame,  and  to  regulate,  colonize  and  segregate  the  same,  to 
determine  such  inmates  and  keepers  to  be  vagrants,  and  provide  for  the 
punishment  of  such  persons,  and  to  prevent  all  desecration  of  the  Sab- 
bath, commonly  called  Sunday,  and  to  prevent  all  kinds  of  public  inde- 
cencies. 

5.  To  inspect  weights  and  measures,  fix  standards  of  weights  and 
measures,  and  to  fix  penalties  for  not  using  or  conforming  to  the  same, 
and  to  provide  that  inspection  fees  may  be  fixed  by  ordinance. 

6.  To  make  all  needful  and  proper  regulations  concerning  keepers 
of  hotels,  taverns,  and  other  public  houses,  draymen,  horse  drivers, 
water  carriers,  omnibus  drivers,  hack  drivers  and  drivers  of  baggage 
wagons,  and  other  vehicles;  to  establish  maximum  rates  for  all  kinds 
of   transportation   within   the   city   limits,   to   prevent   extortion   and   to 


TULSA  CITY  CHARTER. 


preserve  order  and  prevent  noise  and  confusion  in  and  about  the  several 
depots  on  the  arrival  and  departure  of  railway  trains,  and  to  provide 
how  and  where  hacks  or  other  vehicles  shell  stand  or  take  their  posi- 
tion upon  the  streets  adjacent  or  near  the  said  depots,  and  where  they 
shall  stand  when  not  receiving  or  discharging  passengers. 

7.  To  suppress  gambling  houses  and  to  punish  keepers  of  gambling 
houses  and  pool  sellers,  and  all  persons  who  play  cards  or  games  of 
chance  nf  any  kind,  and  to  punish  persons  who  sell  lottery  tickets  or 
who  advertise  lottery  drawings  or  schemes  and  results  of  drawing  of 
lotteries. 

8.  To  provide  for  the  reg^ulation  of  bakers  and  to  prescribe  the 
weight,  quality  and  price  of  bread  manufactured  or  sold  in  the  City  of 
Tulsa,  according  to  the  price  of  the  material  or  otherwise,  and  to  provide 
for  the  inspection  of  milch  cows,  whether  kept  within  the  city  or  without 
the  city  limits,  from  which  milk  is  sold  within  the  city,  and  to  provide 
for  the  inspection  of  the  milk  offered  for  sale,  and  to  prescribe  the  fees 
to  be  charged  therefor. 

9.  To  establish  and  regulate  public  grounds,  and  to  regulate  and 
restrain  and  prohibit  the  running  at  large  of  horses,  mules,  cattle,  sheep, 
swine,  goats,  chickens  geese  and  pigeons  and  to  authorize  the  distraining, 
impounding  and  sale  of  the  same  for  the  cost  of  the  proceedings  and  the 
penalty  incurred  and  to  order  their  destruction  when  they  cannot  be  sold, 
and  to  Impose  penalties  upon  the  owners  thereof  for  the  violation  of  any 
ordinances  regulating  or  prohibiting  the  same. 

10.  To  tax,  regulate,  restrain  and  prohibit  the  running  at  large  of 
dogs,  and  to  authorize  their  destruction  when  at  large  contrary  to  ordi- 
nances, and  to  impose  penalties  upon  the  owners  and  keepers  thereof. 

11.  To  prohibit  and  restrain  or  regulate  the  rolling  of  hoops,  the 
flying  of  kites  and  firing  of  firecrackers,  the  use  of  velocipedes,  roller 
skates  and  bicycles,  sling-shots,  and  the  use  of  any  pyrotechnic  or  any 
other  amusement  or  practices  tending  to  annoy  persons  passing  upon 
the  streets  or  sidewalks,  or  to  frighten  horses  and  teams.  * 

12.  To  restrain  and  prohibit  the  ringing  of  bells  or  blowing  of  horns, 
bugles  and  whistles,  crying  of  goods,  and  all  other  noises,  practices  and 
performances  tending  to  the  collection  of  persons  in  the  streets  or  side- 
walks, by  auctioneers  and  others  for  the  purpose  of  business,amusements 
or  otherwise. 

13.  To  prohibit  mendicants,  beggars  or  persons  of  infirm  or  maimed 
bodies,  or  suffering  with  diseases  of  any  kind,  from  soliciting  alms,  help 
or  assistance  upon  the  streets  or  sidewalks  of  said  city,  and  to  prescribe 
a  penalty  by  fine  for  a  non-observance  thereof. 

14.  To  prohibit  and  regulate  the  ringing  of  bells  and  blowing  of 
whistles  of  railroad  engines  or  locomotives  within  the  city  limits,  and  to 
regulate  and  control  the  speed  thereof. 

15.  To  regulate  and  control  the  driving  of  cattle,  horses  and  all 
other  animals  into  or  through  the  city. 

16.  To  prevent  all  trespasses  and  breaches  of  the  peace  and  good 
order,  assault  and  batteries,  fighting,  quarreling,  using  abusive,  profane 


TULSA  CITY  CHARTER. 


and  insulting  language,  misdemeanors  and  all  disorderly  conduct  and  to 
punish  all  persons  thus  offending. 

17.  To  require,  on  due  notice,  all  steam  or  street  railway  companies 
owning  tracks  within  the  city  limits,  upon  the  public  streets  or  high- 
ways of  said  city,  which  may  have  been  or  may  hereafter  be  abandoned 
by  said  companies  by  non-use,  to  remove  such  tracks  and  to  restore  at 
their  own  expense  the  street  or  way  upon  which  such  abandoned  track 
is  locr.ted  to  its  former  condition. 

18.  To  prohibit,  prevent  and  suppress  horse  racing,  immoderate  rid- 
ing and  driving  in  the  streets  of  said  city. 

19.  To  prohil.'  t  crv'=-l  treatment  of  animals  and  to  punish  the  abus- 
ers of  animals. 

20.  To  compel  persons  to  fasten  their  horses  or  other  animals 
attached  to  vehicles  or  otherwise  hitched,  or  standing  in  the  streets. 

21.  To  restrain  and  punish  vagrants,  mendicants,  beggars  and  pros- 
titutes. 

22.  to  regulate  and  control  the  sale,  gift,  barter  or  exchange  of  co- 
caine, opium,  morphine  and  salts  thereof. 

23.  To  license,  tax  and  regulate  auctioneers,  clairvoyants,  contract- 
ors, druggists,  hawkers,  peddlers,  palmists,  bankers,  brokers,  pawn- 
brokers, merchants  of  all  kinds,  grocers,  confectioners,  restaurants, 
butchers,  taverns,  public  boarding  houses,  billiard  tables  and  other  gam- 
ing tables,  bowling  alleys,  drays,  hacks,  carriages,  omnibuses,  cars,  wag- 
ens  and  other  vehicles  used  in  the  city  for  pay,  hay  scales,  lumber  deal- 
ers, undertakers,  furniture  dealers,  saddlery  or  harness  dealers,  station- 
ers, jewelers,  livery  stable  neepers,  real  estate  agents,  express  companies 
or  agencies,  telegraph  companies  or  agencies,  life  or  fire  insurance 
companies  or  agencies,  shows,  theaters,  all  kinds  of  exhibi- 
tions for  pay,  and  all  other  trades,  professions,  occupations  and  call- 
ings of» every  kind.  To  license  and  regulate  any  itinerant  or  transiertt 
vendor  of  clothing  or  wearing  apparel  or  article  of  bedding  or  mer- 
chandise of  any  description  whatever,  ticket  brokers,  or  scalpers,  or  deal- 
ers in  railway  tickets,  dealers  in  bankrupt  or  fire  stock,  or  damaged 
stocks  of  any  kind,  second-hand  dealers,  pawn  brokers,  junk  shops  and 
dealers  in  junk,  and  all  other  business  or  occupations  whatever,  whiyh  in 
the  opinion  of  the  Board  of  Commissioners  shall  be  property  subject  to 
police  regulation.  To  require  the  person  or  persons  or  corporations  pur- 
suing any  business  or  occupation  mentioned  in  this  section,  to  give  all 
bonds  in  such  amounts  and  under  such  condition  as  the  Board  of  Com- 
missioners may  prescribe;  no  license  shall  be  assignable,  except  by  the 
permission  of  the  Board  of  Commissioners. 

24.  To  license,  tax,  regulate,  prevent  or  suppress  paupers,  peddlers, 
pawnbrokers,  and  keepers  of  theatrical  or  other  exhibitions,  shows  and 
amusements.  To  license,  tax  and  regulate  or  prohibit  theatres,  circuses, 
moving  picture  shows,  and  exhibitions  of  common  showmen,  and  of 
shows  of  any  kind,  and  the  exhibition  of  natural  or  artificial  curiosities, 
menageries  and  musical  exhibitions  and  performances  and  to  regulate 
and  license  or  prohibit  street  parades,  bill  posters,  pool  tables,  striking 


TULSA  CITY  CHARTER. 


machines,   lung  testers,   doll   racks,   cane  racks   and   exhibitions,   devices 
and  things  for  which  a  fee  is  charged. 

25.  To  prevent  all  prize  fights,  boxing  matches,  sparring  exhibi- 
tions, cock  fighting  and  dog  fighting,  and  punish  all  persons  thus  of- 
fending. 

26.  To  regulate,  control  and  prohibit  the  carrying  of  firearms,  and 
other  weapons  within  the  city  limits,  and  to  provide  and  inflict  the  same 
punishment  therefor,  as  is  now  or  hereafter  may  be  provided  by  state 
laws  against  persons  unlawfully  carrying  weapons. 

27.  To  provide  workhouses  for  vagabonds  and  disorderly  persons, 
who  are  unable,  or  refuse  "to  pay  fines,  or  who  have  been  sentenced  ti 
fine  and  imprisonment,or  to  compel  them  to  work  on  the  streets,  alleys 
and  public  works,  and  make  all  necessary  regulation  concerning  the 
same,  and  to  provide,  keep  and  regulate  a  city  prison. 

28.  To  define  what  shall  be  nuisances  in  the  city,  and  within  one 
thousand  feet  of  the  corporation  line  outside  of  the  city  limits,  and  te 
abate  such  nuisances  by  summary  proceedings  and  to  punish  the  authors 
thereof  by  penalties,  fines  and  imprisonments. 

29.  To  prevent  dangerous  construction  and  condition  of  chimneys, 
fireplaces,  hearths,  stoves,  stovepipes,  boilers  and  other  heating  appa- 
ratus and  cause  the  same  to  be  removed  or  made  safe. 

30.  To  regulate  the  use  of  automobiles,  motor  cars,  motor  cycles,  or 
any  motor  vehicle  and  the  speed  thereof;  to  prescribe  the  proper  light- 
ing of  same  when  used  at  night;  to  issue  permits  for  the  use  of  suyh 
vehicles  and  to  require  the  numbering  of  said  vehicles. 

31.  To  control  and  regulate  the  location  and  use  of  all  kinds  of 
steam  engines  and  steam  boilers  in  the  city  and  prescribe  the  qualifica- 
tions of  persons  operating  and  running  the  same,  and  to  adopt  such  rules 
and  regulations  in  relation  thereto  as  may  seem  best  for  the  public  safety 
and  comfort. 

32.  To  inspect  the  construction  of  all  building  in  the  city  and  to 
prescribe  and  enforce  proper  regulations  in  regard  thereto;  to  regulate 
and  locate  or  prohibit  the  erection  of  all  poles  in  the  city,  and  cause  the 
same  to  be  changed  whether  telegraph,  telephone,  electric  light  or  other- 
wise. 

33.  The  city  shall  have  power  to  establish,  maintain  and  regulate  a 
city  prison,  workhouse  and  other  means  of  punishment,  for  vagrancy, 
city  convicts  and  disorderly  persons,  houses  of  correction  and  reform- 
atories for  youthful  criminals. 

34.  The  City  of  Tulsa  shall  have  the  power  to  regulate  levees,  depots, 
depot  grounds  and  places  of  storing  freight  and  goods,  and  provide  for 
the  passage  of  railways  through  the  streets  and  public  grounds  of  the 
city;  also  to  regulate  the  crossing  of  streets  by  railway  tracks,  and  re- 
quire gates  or  flagmen  at  street  crossings,  and  to  provide  precautions 
and  prescribe  rules  regulating  the  same  and  to  regulate  the  running  of 
railway  engines,  cars  and  trucks  and  street  cars  within  the  limits  of  said 
citj-,  and  to  prescribe  rules  relating  thereto,  and  to  govern  the  speed 
thereof,  and  to  make  any  other  and  further  provisions,  rules  and  restric- 


TULSA  CITY  CHARTER. 


tions  to  prevent  accidents  at  crossings  and  on  the  tracks  of  railways  and 
street  railways  and  to  prevent  fires  from  engines. 

35.  To  regulate,  locate  and  prohibit  the  stringing  or  placing  of  tele- 
graph, telephone,  electric  or  other  wires  and  to  enforce  such  regulation 
in  regard  thereto  and  to  require  and  regulate  the  placing  of  any  such 
telegraph,  telephone,  electric  or  other  wires  under  ground. 

36.  To  regulate  or  prohibit  the  keeping  of  cows,  hogs,  goats,  dogs, 
chickens,  gees  or  pigeons  within  the  city  or  within  certain  prescribed 
limits  of  the  city. 

FIRE  DEPARTMENT. 
Section  4.  FIRES.  The  City  of  Tulsa  shall  have  power: 
1.  To  provide  means  for  the  protection  against  and  the  extinguish- 
ment of  fires,  and  shall  provide  for  the  regulation,  maintenance  and  sup- 
port of  a  Fire  Department,  and  for  the  purpose  of  guarding  against 
the  calamity  of  fire,  may  prescribe  fire  limits,  and  may  regulate  or  pro- 
hibit the  erection,  building,  placing  or  repairing  of  wooden  buildings 
within  such  fire  limits  in  said  city  as  may  be  designated  and  prescribed 
as  fire  limits,  and  may  also  within  said  limits  prohibit  the  moving  or 
putting  up  of  any  wooden  buildings  from  one  place  to  an6ther  within 
said  limits,  and  may  direct  and  prescribe  that  all  buildings  within  the 
limits  so  designated  in  the  ordinance  as  fire  limits,  shall  be  made  or 
constructed  of  fireproof  mtaerial,  the  kind,  character,  extent  and  quality 
of  which  buildirgs  and  material  may,  by  ordinance,  be  prescribed  and 
fixed,  and  may  prohibit  the  repairing  of  wooden  buildings  in  fire  limits 
when  the  same  shall  have  been  damaged  to  the  extent  of  thirty-three 
and  one-third  per  cent  of  the  value  thereof,  and  may  prescribe  the  man- 
ner of  escartaining  such  damages,  and  may  declare  all  dilapidated  build- 
ings to  be  a  nuisance,  and  direct  the  same  to  be  removed  or  abated  In 
such  manner  as  the  Board  of  Commissioners  may  prescribe,  and  may 
declare  all  wooden  buildings  in  the  fire  limits,  which  thej^  deem  dan- 
gerous to  contiguous  buildings,  or  which  may  cause  or  promote  fires;  to 
be  nuisances,  and  may  require  and  cause  the  same  to  be  removed  in 
such  manner  as  may  be  prescribed,  at  the  expense  of  the  owner,  and 
may  further  prescribe  limits  within  which  only  a  fireproof  roofing  may  be 
used,  and  may  impose  a  penalt  yfor  violation  of  such  rules  and  regula- 
tions. The  city  shall  have  the  right,  by  ordinance,  to  regulate,  prescribe 
and  govern  the  storage  of  lumber,  sash,  doors,,  blinds,  nitroglycerine,  dy- 
namite, powder  and  any  and  all  commodities  of  an  inflammable,  com- 
bustible or  explosive  nature  and  any  and  all  kinds  of  goods,  wares  and 
merchandise  of  every  kind,  and  prescribe  limits  within  which  such  mate- 
rials may  be  carried,  and  fix  penalties  for  violation  of  the  rules  and  ordi- 
nances governing  the  same. 

2.  To  procure  fire  engines,  hooks,  ladders,  buckets  and  other  appa- 
ratus, and  organize  fire  engine,  hook  and  ladder  and  bucket  companies, 
and  prescribe  rules  of  duty  for  the  government  thereof,  with  such  pen- 
alties as  they  may  deem  proper,  and  make  all  necessary  appropriations 
therefor. 

3.  To   regulate   or  prevent   the   carrying   on   of  manufactories   and 


TULSA  CITY  CHARTER. 


»*her  worKs  dangerous  in  causing'  fires,  and  to  regulate  the  location  of 
cotton  presses,  sheds  and  other  builaings  dangerpus  on  account  of  flres. 

4.  To  prevent  the  deposit  of  ashes  in  unsafe  places  and  cause 
1  he  removal  from  one's  premises  of  all  trash,  old  papers,  straw,  goods 
I  oxes,  barrels  and  anything  else  dangerous  on  account  of  fire,  and  all 
f  1th,  slops  and  animal  or  vegetable  matter  and  everything  else  offensive 
a  Id  dangerous  to  health  and  comfort,  and  to  cause  all  buildings  and 
ei  closures  in  a  dangerous  state  to  be  put  in  a  safe  condition. 

5.  To  regulate  the  size,  number  and  construction  of  doors  and  stair- 
wiiys  of  theatres,  tenement  houses,  hotels,  boarding  houses,  apartment 
houses,  audience  rooms,  public  halls,  school  houses  and  buildings  used 
foi  the  gathering  of  a  large  number  of  people,  whether  now  built  or 
hei  Rafter  to  be  built,  so  that  there  may  be  convenient,  safe  and  speedy 
exit  in  case  of  fires. 

6.  To  require  the  construction  of  suitable  fire  escapes  on  or  in  hotels, 
lodging  houses,  factories  and  school  and  other  buildings,  whether  now 
buili,  or  hereafter  to  be  built. 

I.  To  compel  the  owners  or  occupants  of  houses  or  othed  biuld- 
ings  to  have  scuttles  in  their  roofs  and  stairs  and  ladders  leading  to  the 
same. 

S.  To  authorize  one  or  more  officers,  agents  or  employes  of  the  citj^ 
to  enter  in  and  upon  all  buildings  and  premises  to  examine  and  discover 
whether  the  same  are  dangerous,  on  account  of  fire,  or  in  any  unclean 
state,  and  cause  all  defects  to  be  reemdied,  and  filth  and  trash  to  be  re- 
moved, and  generally  the  Board  of  Commissioners  shall  have  power  to 
establish  such  regulations  for  the  prevention  and  extinguishment  of  fires 
as  it  may  deem  expedient. 

HEALTH,  SANITATION,   CEMETERY. 

Section  5.  HEALTH.  The  City  of  Tulsa  shall  have  power: 
1.  To  regulate  burial  grounds,  crematories  and  cemeteries,  and  to 
prohibit  burial  within  the  city  limits  if  deemed  advisable,  or,  if  neces- 
sary to  protect  the  public  health,  and  to  condemn  and  close  burial 
grounds  and  cemeteries  in  the  thickly  settled  portions  of  the  city,  and 
when  demanded  by  the  public  interest  or  public  health  to  remove  or 
cause  to  be  removed  bodies  interred  in  such  condemned  and  closed  ceme- 
teries and  burial  grounds,  and  shall  cause  them  to  be  reinterred  in  a 
suitable  place  to  be  provided  by  the  city,  at  its  expense,  and  whenever 
advisable  the  city  may  condemn  the  land  proposed  to  be  used  for  the 
re-interring  of  bodies  in  the  saem  manner  as  provided  in  Section  1, 
Article  2,  of  this  Charter,  and  use  such  condemned  ground  formerly  used 
for  cemeteries  for  such  purposes  as  may  best  subserve  the  interests  of 
the  city. 

The  Citv  of  Tulsa  shal  have  power  to  purchase,  hold  and  pay  for 
lands  not  exyeeding  one  hundred  and  sixty  acres  in  one  body,  outside  the 
limits  of  such  city,  for  the  purpose  of  the  burial  of  the  dead.  The  Board 
of  Commissioners  shall  provide  for  the  survey,  platting,  grading,  fencing, 
ornamenting  and  improveing  all  the  burial  and  cemetery  grounds  and 
the  avenues   leading   thereto,   owned  by   such  city,   and   may   construct 


10  TULSA  CITY  CHARTER. 

walks  in  rear  and  protect  ornamentaJ  trees  therein  and  provide  for  pay- 
ing the  expenses  thereof. 

To  convey  by  certificates,  signed  by  the  Mayor  and  countersig-ned  by 
the  iCty  Auditor,  under  the  seal  of  the  city,  cemetery  lots,  owned  by  such 
city,,  specifying'  that  the  purchaser,  to  whom  the  same  is  issued,  is  the 
owner  of  the  lot  or  lots  described  therein  by  number,  as  laid  down  on 
such  map  or  plat,  for  the  purpose  of  interment,  and  such  certificates  shall 
vest  in  the  pur(  baser,  his  or  her  heirs  and  assigns,  a  right,  in  fee  simple, 
to  such  lot  for  the  sole  purpose  of  interment  under  the  regulations  of 
the  Board  of  Commissioners,  and  such  certificate  shall  be  entitled  to  be 
recorded  in  the  oflice  of  the  register  of  deeds  of  the  proper  county  with- 
out further  acknowledgment;  and  such  description  of  lots  shall  be 
deemed  and  recognized  as  sufficient  description  thereof.  The  Board  may 
limit  the  number  of  lots  which  shall  be  owned  by  the  same  pers^on,  at  the 
some  time;  may  prescribe  rules  for  enclosing,  adorning,  and  erecting 
monuments  and  tombstones  on  cemetery  lots,  and  may  prohibit  any  di- 
vision of  the  use  of  said  lots  and  any  improper  adornment  thereof;  but 
no  religious  test  shall  be  made  as  to  the  ownership  of  the  lots,  the  burial 
therein,  or  the  ornaemntation  of  the  graves,  or  of  such  lots. 

To  pass  rules  and  ordinances.  Impose  penalties  and  fines,  not  ex- 
ceeding one  hundred  dollars,  regulating,  protecting  and  governing  the 
cemetery,  the  owners  of  lots  therein,  visitors  thereof,  and  punishing  tres- 
passers therein;  and  the  officers  of  such  city  shall  have  as  full  jurisdic- 
tion and  power  in  the  enforcing  of  such  rules  and  ordinances  as  though 
they  related  to  the  city  itself. 

2.  To  regulate  the  burying  of  the  dead,  the  registration  of  births 
and  deaths,  direct  the  keeping  and  returning  of  bills  of  mortality,  and 
impose  penalties  on  physicians,  undertakers,  sextons  and  others  for  any 
default  in  the  premises. 

3.  The  City  of  Tulsa  also  shall  have  the  power,  by  ordinance,  to 
authorize  the  destroying  of  clothing,  bedding,  furniture,  and  buildings 
infected  with  the  germs  of  any  Infections  or  dangerous  disease  when  the 
public  health  requires  the  destruction  of  the  same,  and  may  also  in  the 
same  manner  authorize  the  destruction  or  removal  of  buildings  or  other 
objects  after  the  same  shall  have  been  declared  a  nuisance  and  to  be 
dangerous  to  the  health  or  lives  of  the  citizens  of  said  city. 

4.  To  make  regulations  to  prevent  the  introduction  of  contagious 
diseases  into  the  city,  to  make  quarantine  laws  for  that  purpose,  and  to 
enforce  them  within  the  city  and  within  five  miles  thereof. 

L  The  City  of  Tulsa  is  hereby  given  full  power  and  authority  to 
take  such  steps  to  improve  and  preserve  the  purity  of  the 
watei  of  the  Arkansas  river  above  the  City  of  Tulsa,  as  it  may 
th'nk  necessary;  pro\\ded,  that  the  power  in  this  section  shall  not  be 
construed  to  give  said  corporation  any  jurisdiction  or  control  over  said 
ri'/er  beyond  the  corporate  limits  of  said  city,  except  for  the  purpose  of 
protecting  and  improving  the  water  shed,  i.  e.,  the  water  supply  of  both 
the  Arkansas  river  and  the  snialler  streams  or  tributaries;  provided  fur> 
tj.er,  that  the  said  corporaticn  shall  hs've  the  right  to  condemn  land 
tjijildings  and  outhouses  or  .-losets  when  it  may  deem  the  same  necessarj 


TULSA  CITY  CHARTER.  11 

for  the  protection  and   preservation  of  the  purity  of  the  water   in   said 
river,  and  shall  have  power  to  control  the  same. 

The  City  of  Tulsa  shall  also  have  power  to  require  any  persons  or 
corporations  owning  of  operating-  manufacturing  enterprises  within  or 
without  the  city  which  shall  discharge  refuse  matter  into  Arkansas 
river  or  its  tributaries,  to  make  other  provisions  for  such  refuse  matter 
or  so  purify  the  same  so  that  the  public  health  will  be  fully  protected. 

6.  To  require  the  owners  of  private  drains,  sinks  and  privies,  to  fill 
up,  cleanse,  drain,  alter,  relay,  repair,  fix  and  improve  the  same  as  they 
may  be  ordered  by  i^esolution  or  ordinance,  and  impose  penalties  upon 
persons  failing  to  do  the  same.  If  there  be  no  person  in  the  city  upon 
whom  such  order  can  be  served,  the  city  may  have  such  work  done,  and 
costs  of  the  same  shall  be  a  lien  on  the  property  and  taxed  up  against 
it,  and  collected  in  such  manner  as  the  Board  of  Commissioners  may 
deterimne. 

7.  To  prc-vent  any  person  from  bringing,  depositing  or  bur:--ing 
within  the  city  limits,  the  carcasses  of  any  dead  animal,  or  other  un- 
wholesome substance,  or  matter,  or  filth  of  any  kind,  and  to  require 
prompt  removal  of  the  same,  and  impose  all  necessary  penalties  for  th? 
enforcement  of  such  powers. 

S.  To  provide  for  the  inspection  of  dairies  inside  and  outside  the 
city  limits,  doing  business  within  the  city,  and  to  charge  and  provide 
license  fees  for  inspection;  to  establish  and  maintain  a  standard  of  san- 
itary conditions  governing  dairies  Inside  and  outside  ths  city,  doing 
business  within  the  city;  to  establish  and  maintain  a  standard  ci  quality 
of  all  dairy  products  sold  in  the  city,  and  to  provide  for  penalties  for  the 
violation  thereof. 

9.  To  regulate  and  license  butchers  and  prevent  their  slaughtering 
animals  in  the  city  limits,  and  revoking  their  license  for  malccnduct  in 
trade,  and  to  regulate,  license  and  restrain  the  sale  of  fresh  meat,  fruits 
and  vegetables,  and  the  slaughter  of  animals  and  to  license  and  regulate 
or  prohibit  slaughter  houses  within  the  city  limits. 

10.  To  compel  the  owner  or  occupant  of  any  grocery,  soap,  tallow  or 
chandler  establishment  or  blacksmith  shop,  tannery,  stable,  slaughter 
house,  distillerj^,  brewery,  or  other  building,  or  sewer,  privy,  bids  house, 
or  other  unwholesome  or  nauseous  place  or  house  to  cleanse  remove,  fill 
up,  repair  or  abate  the  same,  as  may  be  necessary  for  the  health,  comfort 
and  convenience  of  the  inhabitants. 

11.  To  regulate  the  inspection  and  slaughter  of  animals  and  the 
sale  of  fresh  meats  within  the  city,  and  the  inspection  and  the  sale  of 
flour,  meal,  fish,  salt  and  other  provisions,  and  all  other  articles  of  food 
or  drink  whatsoever,  to  be  consumed  within  the  city,  and  to  appoint 
inspectors,  weighers  and  gangers,  and  prescribe  their  duties  and  powers, 
and  to  regulate  their  fees,  and  to  provide  for  the  inspection  and  weigh- 
ing of  hay  and  coal,  ice,  and  the  measurement  of  coal,  gas  and  other 
fuel  to  be  sold  in  the  city. 

12.  To  regulate,  restrain,  locate,  abate  or  prohibit  slaughter  houses, 
gas  I'eservoirs  and  tanks,  glue  factories  bone  boilers,  hide  hou^:ei  or  es- 
tablishments for  burning  hides,  soap  factories,  places  for  rendering  lard. 


12  TULSA  CITY   CHARTER. 

tallow,  offal  and  other  substances  that  can  be  rendered,  and  all  other 
establishments  where  any  nauseating,  dangerous,  offensive  or  unwhole- 
soem  business  may  be  carried  on. 

13. — The  City  of  Tulsa  shall  have  the  right  and  power,  by  ordinance, 
to  provide  that  the  tenant  or  owner  of  any  property  shall  pay  to  the 
city  reasonable  charges  for  the  removal  of  night  soil  or  other  refuse 
matter  from  the  closets  of  the  premises  thereof,  and  to  prohibit  any  one 
except  some  one  in  the  employ  of  the  city,  or  by  the  city  authorizec  to 
do  so,  from  removing  or  carrying  away  the  contents  of  any  privy,  vault 
or  water  closet,  or  any  receptacle  of  human  excrement,  and  the  city  shsll 
have  the  right  to  have  inspected  the  premises  of  all  persons,  at  any  time, 
in  the  interests  of  the  public  health,' and  for  the  purpose  of  making  faid 
inspectian,  the  officers  or  agents  of  the  city,  duly  authorized  to  do  so, 
shall  have  a  right  to  enter  upon  the  promises  of  any  person  at  any  hour 
during  the  daytime  to  make  said  inspection.  Whenever  notice  is  given 
by  any  officer  or  employe  of  the  city  inspecting  any  premises  that  said 
premises  need  cleaning,  the  said  night  soil  or  other  refuse  matter  shall 
be  removed  and  the  owner  or  tenant  of  said  premises  shall  pay  the  city 
the  pi'ice  prescribed  therefor,  and  failure  to  do  so  shall  subject  said  per- 
son to  the  penalties  to  be  prescribed  by  ordinance,  and  said  persons  shall 
be  fined,  upon  conviction  in  the  Police  Court,  in  any  sum  not  less  than 
one  dollar  nor  more  than  one  hundred  dollars. 

14.  The  City  of  Tulsa  shall  have  jurisdiction  over  all  places  within 
five  miles  of  the  corporate  limits  of  the  city,  for  the  enforcement  of  all 
health,  quarantine  or  water  works  ordinances  and  regulation  thereof. 

15.  The  Board  of  Comimssioners  are  hereby  authorized  and  re- 
quired to  create  a  Board  of  Health  for  the  city,  whose  duties  and  juris- 
diction shall  be  determined  and  prescribed  by  the  said  Board  of  Commis- 
sioners; said  Board  of  Health  to  consist  of  not  more  than  fire  reputable 
physicians  of  the  City  of  Tulsa,  to  be  appointed  by  the  Mayor  and  con- 
firmed by  the  Board  of  Commissioners. 

16.  The  Board  of  Commissioners  shall  appoint  a  Commission  of 
Charities,  not  exceeding  three  members,  and  prescribe  by  ordinance  their 
duties. 

Section  6.  MUNICIPAL  SERVICE.  The  City  of  Tulsa  shall  have 
power: 

1.  -To  buy  or  construct,  own,  maintain  and  operate  a  system  or  sys- 
tems of  waterworks,  gas  or  electric  lighting  plants,  telephone,  street  cars 
and  sewers,  or  any  other  public  service  or  enterprise  that  may  be  ap- 
proved by  a  majority  of  the  qualified  voters  of  the  City  of  Tulsa,  voting 
therefor,  at  any  regular  election  for  city  officers,  or  at  a  special  election 
called  for  that  purpose,  in  accordance  with  the  provisions  of  the  Char- 
ter; and  may  demand  and  receive  compensation  for  such  service  fur- 
nished for  private  purposes,  and  shall  have  power  to  condemn  the  prop- 
erty of  any  person,  firm,  or  corporation,  for  the  purpose  of  operating  and 
maintaining  any  such  utility,  and  for  distributing  such  service  through- 
out the  city  or  any  portion  thereof,  but  in  such  condemnation  proceed- 
ings no  allowance  shall  be  made  for  the  value  of  any  franchise  and  only 
the  actual  physical  assets  shall  be  purchased  by  the  City  of  Tulsa. 


TULSA   CITY   CHARTER. 


2.  To  acquire  or  owi  within  or  witliout  the  city  limits  either  by  pur- 
chase, donation,  bequest  or  otherwise,  all  property  it  may  need  for  any 
municipal  purpose,  whetever;  and  all  necessary  right  of  ways  thereto, 
and  shall  also  have  the  power  to  sell  and  dispose  of  the  same,  except  as 
otherwise  provided  in     lis  charter. 

3.  To  provide  aU  aeedful  buildings  for  the  use  of  the  city;  to  pro- 
vide for  enclosing,  i'  .proving,  ornaemnting  and  regulating  all  public 
grounds  belonging  t  the  city;  to  provide  hospitals  and  regulate  and 
maintain  the  same,  md  to  permit  or  prohibit  private  hospitals;  and 
to  establish  an  acti'  system  of  inspection  over  premises  and  conduct  of 
persons. 

To  purchase  o;.  condemn  and  hold  for  the  city,  within,  or  outsidi  of 
the  city  limits  witMn  five  imles  therefrom,  all  necessary  lands  for  hos- 
pital purposes  and  waterworks  and  erect,  establish  and  regulate  the  hos- 
pitals, workhouses  and  poorhouses,  and  provide  for  the  governmeu-  and 
support  of  the  same,  and  make  regulations  to  secure  the  general  health 
of  the  city,  and  to  prevent  and  remove  nuisances,  and  to  make  provision? 
for  furnishing  the  city  with  water;  and  water  rates  shall  be  fl.Ked  an- 
nually by  the  council  at  their  first  meeting  in  June;  provided,  the  con- 
demnation of  such  property  outside  of  the  city  limits  shall  be  regulated 
>Q  all  respects  as  provided  by  lav  for  the  condemnation  of  property  tor 
railroad  purposes;  and  provided,  further,  that  the  police  jurisdiction  of 
the  city  shall  extend  over  such  lands  and  property  to  same  extent  as  over 
public  cemeteries. 

4.  To  lay  out,  establish,  open,  alter,  widen,  lower,  raise,  extend, 
grade,  narrow,  care  for,  pave,  supervise,  maintain  and  improve  streets, 
alleys,  sidewalks,  squares,  parks  public  places  and  bridges  and  to  vacate 
and  close  the  same;  to  sprinkle,  sweet  and  care  for  the  streets  and 
regulate  the  use  thereof;  and  to  require  the  removal  from  the  streets  and 
sidewalks  of  all  obstructions,  telegjaph,  telephone,  sti-eet  railway  or  other 
poles  carrying  electric  wires,  signs,  fruit  stands,  show  cases,  aM'nings, 
and  encroachments  of  every  character  upon  said  streets  and  sidewalks; 
and  to  vacate  and  close  private  ways. 

The  cost  of  constructing  sidewalks  and  keeping  the  same  in  repair, 
together  with  the  cost  of  cellection,  shall  be  defraj-ed  entirely  by  the 
property  owners  in  such  mannes  as  the  Board  of  Commissioners  may 
provide,  and  shall  be  a  perpetual  lien  on  the  property  until  paid. 

5.  To  prevent  any  street  or  sidewalk  from  being  dug  up  or  excava- 
tions to  be  made  therein,  un.less  the  same  be  done  with  the  permission  of 
the  Board  of  Commissioners  and  under  the  direction  of  the  City  Engi- 
neer, or  other  ofiicer  designated  by  the  Board  of  Comimssioners,  and  to 
prescribe  and  exact  fees  for  such  privileges  and  deposit  as  guarantees  of 
proper  restoration  of  such  streets  or  s:(if  walks. 

6.  To  regulate,  establish  and  charge  the  grade  of  all  sidewalks, 
streets  and  premises  and  to  require  and  ocmpel  the  filling  up  and  raising 
the  same. 

7.  To  permit,  prevent  and  regulate  the  laying  of  gas,  water  and 
sewer  mains  and  pipes  in  the  City  of  Tulsa;  to  compel  any  person  using 


14  TULSA  CITY  CHARTER. 

the  J-treets,  alleys  or  sidewalks  for  building  or  other  purpores  to  i-epair, 
clean  up  and  restore  said  streets,  sidewalks  and  allews  so  used. 

8.  To  provide  for,  establish  and  maintain  a  free  public  library  within 
the  city,  and  to  co-operate  with  any  person,  firm  or  corporation  under 
such  terms  as  the  Board  of  Commissioners  may  prescribe  for  the  estab- 
lisliment  of  such  free  library,  and  to  that  end  they  shall  appropriate  an- 
nually out  of  the  general  revenue  of  the  city  a  fund  for  the  support  and 
maintenance  of  said  Public  Library. 

9.  To  buy,  establish,  lease,  maintain,  regulate  and  operate  markets 
and  market  places,  and  abattoirs,  and  to  build,  own  and  maintain  build- 
ings therefor,  and  to  rent  and  lease  the  same. 

10.  To  establish  and  maintain  sanitary  closets  for  for  the  service 
of  the  public,  and  to  obtain  by  purchase  or  condemnation  property  for 
£,ach  closets. 

11.  The  City  shall  have  power  to  open,  widen,  extend  or  otherwise 
improve  any  street,  avenue,  alley;  and  to  annul  vacate  or  to  discontinue 
the  same  or  to  grant  to  any  other  public  use  when  deemed  necessary  or 
expedient;  to  provide  that  all  damages  sustained  by  citizens  of  the  city  or 
owners  of  property  therein  shall  be  ascertained  by  condemnation  pro- 
ceedings, such  proceedings  shall  be  had  in  all  respects  as  provided  by 
law  for  the  candemnation  of  property  for  municipal  purposes  in  cities 
of  the  first  class,  and  provided  further,  that  whenever  any  street,  avenue 
or  alley  shall  be  vacated  the  same  shall  revert  to  the  owners  of  real 
estate  thereto  adjacent  on  each  side  in  proportion  to  the  frontage  of 
said  real  estate  except  in  cases  when  such  streets,  avenues  or  alleys 
shall  have  been  taken  and  appropriated  to  public  use  in  a  different 
proportion,  in  which  case  it  shall  revert  to  adjacent  lots  of  real  estate 
in  proportion  as  it  was  taken  from  them,  provided,  that  when  in  the 
opinion  of  the  Board  of  Commissioners  of  the  city,  that  it  is  necessaiy 
to  re-open  such  alleys  that  they  may  order  such  alley  opened  without 
any  expense  to  the  city. 

12.  The  City  shall  have  power  to  prohibit  and  prevent  all  en- 
croachment into  and  upon  the  sidewalks,  streets,  avenues,  alleys  and 
other  property  of  the  city,  and  may  provide  for  the  removal  of  all 
obstructions  from  the  sidewalks,  curbstones,  gutters  and  cross  walks 
at  the  expense  of  the  owners  or  occupiers  of  the  grounds  fronting 
thereon,  or  at  the  Expense  of  the  person  placing  the  same  there;  the 
city  may  also  regulate  the  planting  and  protection  of  shade  trees  in 
streets  and  the  building  of  bulk  heads,  cellar  and  basement  ways, 
stairways,  railposts,  awning  posts,  and  all  other  structures  projecting 
upon  or  over  and  adjoining,  and  all  excavation  through  and  under  the 
sidewalks  or  along  the  streets  of  the   city. 

13.  The  City  shall  have  power  to  establish,  alter  and  change  the 
channel  of  water  courses  and  wall  them  and  cover  them  over;  and  may 
establish  make  and  regulate  public  wells,  cisterns,  equeducts  and 
reservoirs  of  water,  and  provide  for  the  filling  of  same. 

14.  The  City  shall  have  power  to  provide  for  and  regulate  the 
lighting  of  the  streets  and  erecting  of  lamp  posts  and  shall  have  power 
to  make  contracts  with  and  authorize  any  person,  company  or  associa- 


TULSA  CITY  CHARTER. 15 

tion  to  ere.;t  gas  or  electric  works  in  such  city  and  give  sucli  person, 
company  or  associatj  )n  the  privilege  of  furnishing  gas  or  electricity  to 
light  the  afreets  ani  alleys  of  said  city  for  any  length  of  time  not 
exceeding  twenty  fivfl  years  but  no  such  grant  shall  be  construed  as  to 
prevent  the  city  from  granting  to  other  persons,  or  companies,  or  cor- 
porations the  right  to  use  the  streets  for  like  purposes;  and  all  such 
grants  shall  be  subject,  at  all  times  to  reasonable  regulation,  by  ordi- 
nance. 

15.  To  fix  the  salary  of  any  offlcer  of  the  city,  not  fixed  by  this 
charter;  to  create  such  other  offices  as  may  be  required  from  time  to 
time  and  to  abolish  seid  offices  and  to  fix  the  salary  of  the  same. 

Section  7.  FRANCHISES.  1.  The  ownership,  right  of  control  and 
use  of  the  streets,  highways,  alleys,  parks,  public  places  and  all  other 
real  property  of  the  City  of  Tulsa,  is  hereby  declared  to  be  inalienable 
to  said  city,  except  by  ordinance  passed  by  vote  of  the  majority  of  the 
Board  of  Commissioners,  as  hereinafter  provided;  and  no  franchise  or 
easement  involving  the  right  to  use  the  same,  either  along,  across,  over 
or  under  the  same,  shall  ever  be  valid,  unless  expressly  grajnted  and 
exercised  in  compliance  with  the  terms  hereof,  and  of  the  ordinance 
granting  the  same.  No  act  of  omission  of  the  city,  its  Board  of  Com- 
missioners, officers  or  agents  shall  be  construed  to  confer  or  extend  by 
estopped  or  indirection,  any  right,  franchise,  or  easement,  not  express- 
ly granted  by  ordinance. 

2.  The  City  of  Tulsa  shall  have  power  subject  to  the  terms  and 
provisions  hereof,  by  ordinance  to  confer  upon  any  person  or  corpora- 
tion the  franchise  or  right,  to  use  the  property  of  the  city,  as  defined 
in  the  preceeding  section,  for  the  purpose  of  furnishing  to  the  public 
any  general  public  service,  including  heat,  light,  power,  telephone  service, 
refrigeration,  steam,  or  the  carriage  of  passengers  or  freight  within  the 
said  city,  or  for  any  other  purpose  whereby  a  general  service  is  to 
be  furnished  to  the  public  for  compensation  or  hire,  to  be  paid  to  the 
franchise  holder,  whereby  a  right  to,  in  part,  appropriate  the  streets, 
highways  or  other  property  of  the  city,  is  necessary  or  proper,  provided 
that  no  franchise  shall  be  granted  by  said  city  to  any  person,  firm 
or  corporation,  to  own,  control  or  operate  waterworks  therein  when 
the  city  shall  acquire  the  present  water  works  system,  or  shall  construct 
a  plant  of  its  own. 

3.  No  exclusive  franchise  or  privilege  shall  ever  be  granted,  nor  a 
franchise,  nor  a  privilege  to  commence  at  any  time  after  six  months 
subsequent  to  the  passage  of  the  ordinance  granting  the  same  and  no 
franchise  shall  be  directly  or  indirectly  extended  beyond  the  term  origi- 
nally fixed  by  the  ordinance  granting  the  same,  nor  shall  any  franchise 
be  granted  to  any  person  or  persons  or  corporation,  authorizing  such 
person  or  corporatior,  their  associates,  assigns  or  sucyessors 
to  acquire  the  physical  property,  rights  or  franchises  of  an- 
other person  or  corporation  to  whom  or  which  a  franchise 
has  already  been  granted  by  the  city  whereby  the  rights  and  properties 
held  and  used  under  such  franchise  are  assigned  to  another  person, 
lirm    LV    corpoz-ation    which    holds    a    franchise    extending    l:)eyond    tlie 


16  TULSA   CITY   CHARTER. 

time  of  tiic  expirat.'on  of  the  franchise  of  the  person,  firm  or  corpora- 
tion seilinir  sucli  physical  properties,  rights  or  franchises. 

4.  The  City  of  Tulsa  sha.l  have  the  power  by  ordinance  to  gi-ant 
any  ".■ranchihe  or  ri^ht  menti  ned  in  the  pro  -.eeding  sections  herec  >; 
provided  that  the  city  shall  not  grant,  extend  or  renew  a  franchise 
wathou,.  the  approval  of  a  majority  of  the  qualified  voters  residing 
within  its  corporate  limits  who  shall  vote  thereon  at  a  special  or  gen 
eral  election;  and  the  legislative  body  of  the  city  may  submit  any 
such  matter  for  approval  or  disapproval  to  such  electors  at  any  general 
municipal  election  or  call  a  special  election  for  such  purpose  upon 
thirty  days  notice  and  no  franchise  shall  be  granted,  extended  or  re- 
newed for  a  longer  period  than  twenty-five  years. 

Whenever  a  petition  signed  by  a  number  of  qualified  voters  of  the 
city,  equal  to  twenty-five  per  centum  of  the  total  number  of  votes  cast 
at  the  next  preceeding  general  municipal  election,  demanding  that  a 
franchise  be  granted,  exteoided  or  renewed,  shall  be  filed  with  the 
chief  executive  officer  of  the  city,  the  chief  executive  officer  shall, 
within  ten  days,  thereafter  call  a  special  election,  at  which  he  shall 
submit  the  question  of  whether  or  not  such  franchise  shall  be  granted, 
extended  or  renewed  and  if  at  such  election  the  majority  of  the  said 
voters  voting  thereon  shall  vote  for  the  granting,  extending  or  renew- 
ing of  such  franchise  the  same  shall  be  granted  by  the  proper  authority 
at  the  next  succeeding  regular  meeting  of  the  legislative  body  of  the 
city. 

5.  All  persons  or  corporations  to  whom  franchises  may  hereafter 
be  granted,  or  their  assigns  and  successors,  shall  as  compensatiooi  for 
the  right  or  privilege  enjoyed  pay  to  the  city  a  sum  not  less  than 
four  per  cent,  of  the  gross  receipts  of  the  business  pursued  by  the 
holders  of  the  franchise.  The  amount  of  said  bonus  or  compensation 
shall  be  fixed  by  ordinance  granting  the  franchise  and  shall  be  payable 
on  the  second  day  of  January  in  each  year,  for  the  preced- 
ing year.  Said  bonus  or  compensation  shall  be  exclusive  uf  and  in 
addition  to  all  lawful  ad  valorum  taxes  upon  the  value  of  the  franchise 
or  other  property  of  the  holder  thereof,  aoid  lawful  occupation  taxes 
imposed  upon  the  occupation  or  calling  the  holder  of  such  franchise. 
The  Board  of  Commissioners  may,  however,  in  their  discretion  in  tae 
order  granting  any  franchise,  provide,  that  no  bonus  shall  be  paid  for 
the  first  five  years  thereof. 

In  order  to  ascertain  the  true  amount  of  such  gross  receipts  and 
to  determine  the  amount  of  such  bonus  or  compensation  and  for  any 
other  purpose  relating  to  the  business  or  affairs  of  the  city  the  Board 
of  Commissioners  shall  have  power  to  examine  or  cause  to  be  examin- 
ee; the  books,  papers,  and  records  of  franchise  holders;  to  take  testi- 
mony and  compel  the  attendance  of  witnesses  under  oath 
and  under  such  rules  and  regulations  as  said  Board  of  Com- 
missioners may  adopt,  and  should  any  franchise  holder  refuse 
inspection  of  its  books,  papers  or  records  or  the  lorodjction  of  the 
same  wnen  lawfully  required  to  do  so  by  the  said  Board  of  Commis- 
sioners,   or    should    any    officer,    agent,    or    employe    of    said    franchise 


TULSA  CITY  CHARTER.  17 

holder  refuse  to  give  testimony  before  said  Board  of  Commissioners, 
then  said  Board  of  Commissioners  shall  have  power,  by  ordinance,  to 
declare  the  franchise  or  privilege  enjoyed  by  such  corporation,  or  >ierson 
so  in  default,  annuled  and  terminated. 

4.  The  right  is  hereby  delegated  to  the  City  of  Tulta  acting 
through  its  Board  of  Commissioners  to  determine,  fix  and  regulate  the 
charges,  fares  or  rates  of  any  person,  firm  or  corporation  enjc/ing  or 
that  may  emjoy  a  franchise  or  exercising  any  other  public  privilege  in 
said  city  and  to  prescribe  the  kind  of  service  to  be  furnished  p  ■/  such 
person,  firm  or  corporation,  and  the  manner  in  which  it  shall  oe  ren 
dered,  and  from  time  to  time  to  alter  or  change  such  rules,  r.eg  ilations 
and  compensation.  The  Board  of  Commissioners  shall  malJo  rules 
and  regulations  gi'anting  a  fair  hearing  to  persons  or  corpora  Jons  to 
be  affected  by  said  regulations,  and  no  change  in  regulations  ihall  be 
adopted  except  after  notice  to  the  persons  affected  and  afte  -  a  fair 
hearing  shall  be  granted  them;  provided,  that  in  adopting  such  regula- 
tions and  in  fixing  or  cha'nging  such  compensation  or  determining  the 
reasonableness  thereof,  no  stock  or  bonds  authorized  or  issued  by  any 
corporation  enjoying  a  franchise  shall  be  considered  unless  up  "^  proof 
that  the  same  have  been  actually  issued  by  the  corporation  for  money 
paid  and  used  for  the  development  of  the  corporate  property,  labor 
done  or  property  actually  received  in  accordance  with  the  laws  and 
Constitution  of  the  State  applicable  thereto;  and  in  order  to  ascertain 
all  facts  necessary  for  a  proper  understanding  of  what  is  or  should  be 
a  reasonable  rate  or  regulation,  the  Board  of  Commissioners  shall  have 
full  power  to  inspect  books  a'.-d  compel  attendance  of  witnesses  as 
provided  in  subsection  five  for  a  failure  or  refusal  to  attend  and  testify 
or  produce  books.  -.j 

5.  No  franchise  shall  hereafter  be  granted  except  upon  condition 
that  the  city  shall  have  the  right  at  any  time  after  fifteen  years  from 
the  granting  thereof  to  purchase  the  physical  properties  of  the  fran- 
chise holder  and  to  terminate  its  franchise,  and  all  privileges  enjoyed 
by  it  thereunder;  provided,  the  majority  of  the  qualified  tax  paying 
voters  of  the  city  voting,  thereon  shall  vote  to  do  so;  and  provided, 
that  upon  the  petition  of  twenty -five  per  centum  of  the  qualified  tax 
paying  voters  to  the  Board  of  Commissioners  the  matter  of  the  ac- 
quisition of  such  property  shall  be  submitted  to  an  election  to  be  de- 
termined by  a  vote  of  the  majority  of  the  qualified  tax  paying  voters, 
voting  thereon;  which  election  shall  be  held  at  the  next  preceeding 
election  in  said  city,  after  at  least  twenty  days  notice  shall  have  been 
published  daily  for  twenty  days  in  a  newspaper  published  in  said  city 
and  provied,  that  tj:ie  owner  of  such  physical  property  shall  be  com- 
pensated for  the  value  thereof,  considering  solely  the  physical  assets, 
such  value  to  be  determined  by  the  report  of  the  majority  of  three 
arbitrators,  one  to  be  selected  by  the  city,  one  by  the  owner  of  the 
physical  property  to  be  valued,  and  the  third  by  the  arbitrators  so 
selected.  But  if  the  owner  of  such  physical  property  shall  refuse  for 
thirty  days  to  select  an  arbitrator,  then  the  value  of  such  property 
shall  be  fixed  by  vote  of  the  majority  of  the  Board  of  Commissioners. 


18  TULSA  CITY  CHARTER. 

9.  Ordinances  granting  franchises  shall  be  subject  to  the  terms 
hereof,  and  shall  contain  such  terms  and  conditions  as  the  Board  of 
Commissioners  shall  see  fit  to  impose.  All  franchises  shall  be  exercised 
in  accordance  with  the  terms  of  the  ordinance  granting  the  same  and 
of  this  charter.  If  such  franchise  shall  not  be  exercised  in  substantial 
accordance  with  the  terms  hereof,  and  of  the  ordinaoice  granting  the 
same,  then  after  notice  to  and  reasonable  hearing  of  the  holders  thereof, 
fjvch  fianchise  may  be  cancelled  or  onnulled  and  the  Board  of  Com- 
missioners shall,  by  ordinance,  adopt  reasonable  rules  and  regulations 
for  such  notice  and  hearing. 

10.  Any  franchise  or  right  which  may  hereafter  be  granted  by 
any  person  or  corporation  to  operate  a  street  railway  within  the  city 
or  its  suburbs  shall  be  subject  to  the  condition  that  the  Board  of  Com- 
missioners shall  have  the  right  to  grant  to  any  other  person  or  corpora 
tion  desiring  to  build  or  operate  a  street  railway  oi  Interurban  rail- 
way within  or  into  the  City  of  Tulsa,  the  right  to  operate  its  cars  over 
the  tracks  of  said  street  railway  in  so  far  as  may  be  necessary  to  enter 
said  city  and  to  reach  the  section  thereof  used  for  business  purposes; 
provided  that  the  person  or  corporation  desiring  to  operate  its  cars 
over  the  lines  of  said  street  railway  shall  first  agree  in  writing  with 
the  owner  thereof  to  pay  it  reasonable  compensation  for  the  use  of  its 
tracks  and  facilities.  And  if  the  person  or  corporation  desiring  to  use 
the  same  cannot  agree  with  said  owner  of  sand  street  railway  as  to 
said  compensation  within  sixty  days  from  offering  in  writing  to  do  so, 
and  as  to  terms  and  conditions  of  the  use  of  said  track  and  facilities, 
the  Board  of  Commissioners  shall  by  resolution,  after  a  fair  hearing  to 
the  parties  concerned,  fix  the  terms  and  conditions  of  such  use  and 
compensation  to  be  paid  therefor,  which  award  of  the  board,  when  so 
made,  shall  be  binding  on  and  be  observed  by  the  parties  concerned. 

11.  Interurban  railways  are  defined  to  be  in  the  meaning  of  this 
charter,  railways  operating  their  cars  by  electricity  or  other  motive 
power,  for  the  carriage  of  freight  and  passengers  for  hire,  not  wholly 
within  the  city  and  its  suburbs  to  other  towns,  cities  or  villages. 

12.  The  Board  of  Commissioners  shall  have  power,  subject  to  the 
terms  and  conditions  contained  in  this  charter,  to  grant  to  any  person 
or  corporation  desiring  to  extend  an  interurban  railway  into  the  city, 
the  right  to  lay  tracks  and  operate  cars  over  the  streets  or  other  property 
of  the  city  and  over  the  tracks  of  other  street  railways  for  a  term  not 
exceeding  twenty-five  years. 

13.  The  right  mentioned  in  the  preceeding  section  shall  be  grant- 
ed by  ordinance  only.  The  granting  or  refusing  of  the  right  or  fran- 
chise herein  mentioned  shall  be  subject  to  the  terms  and  provisions 
of  this  charter  concerning  the  submission  of  general  franchises  to  a 
vote  of  the  qualified  voters  of  the  city,  which  shall  in  all  things  gov- 
ern and  apply  thereto. 

14.  The  ordinance  granting  such  right  or  franchise,  shall  contain 
such  conditions  as  may  seem  proper  to  the  Board  of  Commissioners 
and  shall  provide  for  such  reasonable  compensation  to  the  city  as 
may  seem  just  to  the  board  for  the  use  of  the  franchise  or  right  granted, 


TULSA  CITY  CHARTER.  19 

which  compensation  shall  'be  payable  annually.  And  the  ordinance 
granting  such  right  or  franchise  shall  provide  that  faiUi'e  to  pay  said 
compensation  at  the  time  specified  therein  shall  forfeit  and  terminate 
said  franchise.  Said  compensation  shall  be  deemed  to  be  a  bonus  pay- 
able to  the  city  for  the  use  and  the"  right  granted  and  shall  be  exclusive 
of  and  in  addition  to  all  ad  valorem  or  occupation  taxes,  payable  by 
the  owner  of  said  franchise. 

15.  The  terms  of  this  charter  concerning  the  granting  of  fi-an- 
chises  to  persons  or  corporations  for  the  purpose  of  rendei'ing  any 
public  service  wholly  within  the  city  and  its  suburbs  shall  not  applj' 
to  interurban  railways,  except  as  specified  in  the  four  preceeding  sec- 
tions and  in  the  various  sections  providing  for  the  referendum. 

16.  The  Board  of  Commissioners  shall  have  power  to  authorize 
steam  railways  operating  their  lines  from  the  city  of  Tulsa  to  other 
towns  and  cities  beyond  its  limits  to  lay  their  tracks  and  establish  their 
switches  on  and  over  the  streets  and  other  property  of  the  City  of 
Tulsa,  or  such  parts  thereof  as  the  Board  of  Commissioners  may  see 
fit,  subject  to  the  terms  of  this  charter  and  to  such  conditions  as  may 
be  imposed  by  the  Board  of  Commissioners. 

17.  The  City  of  Tulsa  shall  have  the  power,  by  ordinance  or  other 
wise,  to  regulate  the  speed  of  engines,  locomotives  and  street  cars 
within  the  limits  of  said  city;  and  to  require  steam  interurban  and 
electrict  railway  companies  to  keep  the  streets  over  which  they  run 
properly  drained  and  to  light  the  same  wherever  deemed  necessary 
and  to  require  steam,  interurban  and  electric  railway  companies  to 
construct  and  keep  in  repair  from  curb  to  curb,  bridges  and  crossings 
over  all  ditches  made  or  crossed  by  any  line  of  said  railways  on  all 
streets  over  which  they  run;  to  direct  and  control  the  laying  and 
construction  of  railroad  tracks,  turnouts  and  switches  and  to  regulate 
the  grade  of  same,  and  to  require  them  to  conform  to  the  grade  of  the 
streets  of  said  city  as  they  may  hereafter  be  or  are  now  established, 
and  that  said  tracks  and  turnouts  and  switches  be  so  constructed  and 
laid  out  so  as  to  interfere  as  little  as  possible  with  the  ordinary  travel 
in  the  use  of  the  streets;  to  require  steam  railways  using  any  portion 
of  the  streets  of  the  city  to  pay  all  or  any  part  of  the  paving,  grading, 
draining  and  repairing  thereof  along  the  streets  so  used  by  such  rail- 
way, and  to  light  the  same  whenever  and  wherever  deemed  necessary 
or  advisable;  to  require  any  street  or  electric  railway  company  to  pay 
the  cost  of  grading,  paving,  repairing  or  re-paving,  or  otherwise  im- 
proving the  street  or  streets  or  intersections  thereof  used  or  occupied 
by  such  railway  company  and  such  cost  shall  be  a  lien  upon  the  prop- 
erty and  franchise  of  the  company. 

The  portion  of  the  street  occupied  by  an  electric  or  street  railway 
company  shall  be  deemed  to  be  the  space  between  its  tracks  and  twenty 
four  inches  on  the  outside  of  each  of  its  rails,  and  all  the  space  between 
double  tracks,  turnouts  and  switches. 

Any  railroad  company,  interurban  or  street  railway  company  pro- 
posing, with  the  permission  of  the  City  of  Tulsa,  to  occupy  any  street 
•or  streets  already  occupied  by  any  other  such   company   shall,   besides 


20  TULSA  CITY  CHARTER. 

paying  for  paving  as  may  be  required  by  the  City  of  Tulsa  or  by  tlie 
provisions  of  this  charter,  be  required  also  to  pay  for  paving  between 
the  tracks  of  said  roads  within  twenty-four  inches  of  the  track  if 
such  other  road,  and  such  costs  shall  be  a  lien  upon  the  property 
and  franchises  of  the  company;  and  if  the  Board  of  Commissionei's 
shall  so  direct,  said  street  or  electrict  railway  company  may  be  requir- 
ed to  pave  the  street  or  streets  occupied  by  them  from  curb  to  curb. 

Should  any  railroad  or  street  railway  company  propose  to  lay  a 
track  on  any  street  or  portion  of  a  street  which  shall  have  been  im- 
proved under  the  provisions  of  this  act,  it  shall  become  liable  for  the 
portion  of  the  cost  of  such  improvement  as  the  Board  of  Commis 
sioners  may  direct,  or  as  is  tixed  by  this  charter.  No  railroad  or  street 
railway  company  shall  be  permitted  to  occupy  any  street  or  portion 
of  a  street,  improved  or  otherwise,  not  previously  occupied  by  it,  except 
with  the  permission  of  the  Board  of  Commissioners. 

18.  All  persons  or  corporations  now  operating  or  hereafter  operat- 
ing within  the  corporate  limits  of  the  City  of  Tulsa,  any  interurban 
electric  railway  line,  either  on  their  own  or  other  street  railway  tracks, 
shall  be  required  to  give  reasonable  local  passenger  service  thereon, 
within  the  corporate  limits  of  the  City  of  Tulsa  between  all  points  on 
said  interurban  line  or  lines  for  a  fare  not  exceeding  five  cents,  and  to 
that  end  shall  be  required  to  stop  passenger  cars  so  operated  by  them 
at  all  street  crossings  in  said  city,  to  take  on  and  let  off  local  passen- 
gers, provided  that  this  shall  not  apply  to  any  portion  of  such  interur- 
ban lines  where  local  service  is  furnished  by  local  cars  to  the  same 
extent  as  is  required  under  the  foregoing  provisio'ns  hereof. 

19.  The  City  of  Tulsa,  shall  have  the  power  by  ordinance,  to  fix 
and  regulate  the  price  of  water,  gas  and  electric  lights,  and  to  regu- 
late and  fix  the  fares,  tolls  and  charges  of  local  telephones  and  ex- 
changes of  public  carriers  and  hacks,  whether  transporting  passengers, 
freight  or  baggage,  and  generally  to  fix  and  regulate  the  rates,  tolls 
and  charges,  and  the  kind  of  service  of  all  public  utilities  of  every 
kind. 

20.  The  Board  of  Commissioners  shall  have  the  power  to  require 
any  corporation  holding  a  franchise  from  the  city  to  allow  the  use  of 
its  tracks,  poles  and  wires  by  any  other  corporation  to  which  the  city 
shall  grant  a  franchise,  upo'n  the  payment  of  a  reasonable  rental 
therefor  to  be  fixed  by  the  Board  of  Commissioners. 


ARTICLE  III. 


THE  BOARD  OP  COMMISSIONERS. 
1.  All  powers  conferred  on  the  city  shall,  unless  otherwise  pro- 
vided in  this  charter,  be  exercised  by  a  Mayor  and  four  Commisioners, 
,  who  together  shall  be  known  and  designated  as  the  Board  of  Commis- 
sioners, all  of  whom  shall  be  elected  by  the  qualified  voters  of  the  city  at 
large,  and  shall  devote  their  entire  time  to  the  service  of  the  city.  The 
Mayor  and  members  of  the  Board  of  Commissioners  shall  be  conservators 


TULSA  CITY   CHARTER.  21 

of  the  peace,  with  full  powers  to  make  arrests  in  all  causes  the  same  as 
police  officers. 

The  Mayor  shall  be  ex-officio  president  of  the  said  Board  of  Com- 
missioners, and  shall  have  and  exercire  all  of  the  powers  of  a  member 
thereof. 

2.  On  the  sixth  Tuesday  after  this  charter  shall  take  effect,  and 
biennially  thereafter  on  the  first  Tuesday  of  April,  there  shall  be 
elected  at  an  election  to  be  held  in  said  City  of  Tulsa,  to  be  called 
as  hereinafter  provided,  a  Mayor  and  four  Commissioners,  who  to- 
gether shall  compose  said  Board  of  Commissioners,  and  who  shall 
serve  for  the  term  of  two  years  and  until  their  successors  shall  be 
elected  and  shall  qualify.  Candidates  for  Mayor  and  for  places  on 
said  Board  of  Commissioners  shall  be  voted  for  separately,  and  can- 
didates for  Commissioner  No.  1,  No.  2,  or  No.  3,  or  No.  4.  (said  num- 
bers to  be  printed  after  the  designating  title  "Commissioner"),  in  ac- 
cordance with  the  written  requests  which  said  candidate  shall  file 
with  the  City  Auditor.  Each  candidate  for  Commissioner  shall  desig- 
nate in  the  announcement  of  his  candidacy,  and  in  his  request  to  have 
his  name  placed  on  the  official  ballot,  the  number  of  the  place  on  the 
Board  of  Commissioners  for  which  he  desires  to  become  a  candidate 
and  such  request  to  be  placed  on  the  official  ballot  shall  be  filed  in 
writing  with  the  City  Auditor  at  least  ten  days  before  such  election 
shall  be  held.  The  City  Auditor  shall  prepare  an  official  ballot  in 
accordance  with  such  requests  and  with  the  provisions  hereof,  and  only 
such  ballot  shall  be  used  at  said  city  election.  The  candidate  at  said 
election  for  Mayor  or  for  a  place  on  said  Board  of  Commissioners 
who  shall  receive  a  majority  of  all  the  votes  cast  for  the  office  for 
which  he  is  a  candidate  shall  be  declared  elected  to  such  office.  In 
the  event  any  candidate  for  either  of  said  offices  shall  fail  to  receive 
a  majority  of  all  votes  cast  for  all  the  candidates  for  such  office  at 
such  election,  the  Mayor  of  said  city  shall,  on  the  first  day  following 
the  completion  of  the  official  count  of  the  ballots  cast  at  said  elec- 
tion, issue  a  call  for  a  second  election  to  be  held  in  said  city  on  the 
second  Tuesday  following  the  issuance  of  such  call,  at  which  said 
election  the  two  candidates  receiving  the  highest  number  of  votes  for 
any  such  office  to  which  no  one  was  elected  at  said  first  election  by 
receiving  a  majority  of  all  votes  cast  thereon,  shall  be  again  voted  for. 
The  official  ballot  to  be  used  at  said  second  election  shall  be  prepared 
by  the  City  Auditor  and  the  name  of  no  person  shall  appear  thereon 
unless  he  was  a  candidate  for  the  office  designated  at  said  first  elec- 
tion, and  the  two  persons  receiving  at  said  first  election, 
the  first  and  second  highest  number  of  votes  cast  for  candidates  for 
such  office  shall  be  entitled  to  have  their  names  printed  on  said  official 
ballot,  in  the  order  of  their  standing  in  the  compution  of  the  votes 
cast  at  said  first  election,  as  candidates  at  said  second  election  for 
such  office;  provided,  that  in  the  event  any  person  who  was  a  candidate 
at  said  first  election  and  who  shall  be  entitled  to  become  a  candidate 
at  said  second  election  shall  fail  to  request  that  his  name  shall  appear 
on   the   official   ballot   therefor,    as   herein    provided,    the   candidate   for 


22  TULSA  CITY  CHARTER. 

such  ofRce  standing  next  In  order  In  the  computation  of  votes  shall 
succeed  to  his  rights  with  respect  thereto;  provided,  further,  that  two 
candidates  for  such  office  at  said  first  election  shall  be  entitled  to  become 
candidates  therefor  at  said  second  election,  which  two  candidates  at 
said  first  election,  as  shall  file  written  requests  to  be  placed  on  the 
official  ballot  as  candidates  for  such  office  at  said  second  election.  In 
the  event  of  a  tie  in  the  vote  for  the  leading  candidates  for  any  office 
at  said  first  election,  said  office  shall  be  filled  at  second  election,  as 
herein  provided  for,  at  which  such  candidates,  so  tied  in  said  first 
election  may  again  become  candidates.  In  the  event  they,  or  either 
of  them,  shall  fail  so  to  do,  the  two  candidates  for  such  office  who 
lead  in  the  computation  of  votes  therefor,  and  who  desire  to  become 
candidates  therefor,  at  said  second  election,  shall  be  entitled  so  to  do, 
in  the  order  of  their  respective  votes  at  said  first  election. 

In  the  event  of  a  tie  between  the  two  candidates  for  any  office  at 
said  second  election  they  shall  cast  lots  to  determine  who  shall  be 
elected  thereto. 

3.  In  case  a  primary  election  is  held  pursuant  to  the  call  or 
under  the  direction  of  any  political  party,  or  of  any  association  of 
individuals  for  the  nomination  of  candidates  for  the  offices  of  Mayor 
and  Commissioners  and  City  Auditor,  the  candidates  or  persons  voted 
for  in  said  primary  election  shall  be  voted  for  at  large  by  all  of  the 
legally  qualified  voters  in  said  city  according  to  and  in  the  manner 
■now  or  hereafter  provided  by  the  general  election  law  of  the  State 
of  Oklahoma. 

Independent  candidates  for  Mayor  or  for  positions  on  said  Board 
of  Commissioners  or  for  City  Auditor  shall  be  entitled  to  have  their 
names  placed  on  the  official  ballot  to  be  used  in  the  regular  election 
by  filing  with  the  City  Auditor,  not  less  than  ten  days  before  such 
election,  a  written  petition  therefor,  which  shall  be  signed  by  such 
candidate  and   by  at  least   one   hundred   qualified   voters   of    said   city. 

4.  Any  election  and  all  regular  and  special  elections  held  in  and 
for  said  city  shall  be  governed  in  all  respects  by  the  general  election 
laws  of  the   State,   except   as   herein   specially  provided. 

5.  Each  member  of  the  Board  of  Commissioners  and  the  City 
Auditor  shall  in  addition  to  the  other  qualifications  prescribed  by  law, 
be  at  the  date  of  his  election  a  qualified  voter  of  the  City  of  Tulsa, 
and  shall  not  be  in  arrears  in  the  payment  of  any  taxes  or  other 
liabilities  due  the  city. 

6.  The  Mayor  shall  be  a  member  of  the  Board  of  Commissioners 
with  all  the  rights,  powers  and  duties  appertaining  thereto.  He  shall 
be  the  chief  executive  officer  of  said  city,  and  shall  see  that  all  the  laws 
thereof  are  enforced.  It  shall  be  his  special  duty  to  see  that  the  condi- 
tions of  all  franchises  granted  by  the  city  are  faithfully  complied 
with,  and  that  all  contracts  made  with  the  city  are  faithfully  executed. 
He  shall  nominate  all  appointive  officers  of  the  city,  and  such  nomina 
tions  shall  be  subject  to  confirmation  by  the  Board  of  Commissioners, 
by  a  majority  vote  thereof.  The  Mayor  shall  not  be  entitled  to  vote 
as  a  member  of  said  board  upon  the  question   of  the   confirmation   of 


TULSA  CITY  CHARTER.  23 

any  nomination  for  office  so  made  by  him,  but  sliall  be  entitled  to 
vote  upon  all  other  questions  that  may  be  submitted  to  or  acted  upon 
by  said  board.  The  officers  to  be  thus  nominated  by  the  Mayor  and 
confirmed  by  the  Board  of  Commissioners  shall  be  all  officers  whose 
powers,  or  duties  or  salaries  are  prescribed  and  defined  by  ordinance 
of  said  city.  The  salary  of  the  Mayor  shall  be  Fifteen  Hundred 
($1,500.00)  Dollars  per  year,  payable  in  equal  monthly  installments. 

The  Board  of  Commissioners  shall  at  the  beginning  of  their  terms 
of  office  elect  by  ballot,  by  a  majority  vote  of  all  the  members  thereof, 
one  of  their  number  to  act  as  Mayor  protem,  and  the  Commissioner 
so  chosen  shall  be  invested  with  all  the  powers,  and  shall  perform  all 
the  duties  of  the  Mayor,  during  his  absence  or  sickness. 

7.  In  the  case  of  the  death,  resignation  or  permanent  disability 
of  the  Mayor  or  whenever  a  vacancy  in  the  office  of  Mayor  shall  occur 
for  any  reason,  the  Mayor  pro  tern  shall  act  as  Mayor,  and  shall 
possesses  all  the  rights  and  powers  of  the  Mayor,  and  perform  all  of 
the  duties  and  receive  his  salary  under  the  official  title,  however,  of 
"Mayor  pro-tem,"  until  an  election  is  ordered  by  the  Board  of  Com- 
missioners to  fill  the  vacancy  in  the  office  of  the  Mayor.  Said  election 
should  a  vacancy  occur  in  the  office  of  the  Mayor,  shall  be  called  by 
the  Board  of  Commissioners  and  held  within  thirty  days  thereafter, 
and  notice  by  publication  given  for  at  least  twenty  days  as  may  be 
required  by  law;  provided,  that  in  the  event  such  vacancy  should  occur 
within  ninety  days  of  the  next  regular  election  to  be  held  for  mem- 
bers of  the  Board  of  Commissioners  said  election  for  Mayor  shall  be 
held  at  said  next  regular  election. 

8.  The  Board  of  Commissioners,  at  their  first  meeting  after  election, 
or  as  soon  thereafter  as  may  be  practicable  shall,  by  a  majority  vote, 
designate  from  among  their  members  one  Commissioner  who  shall  be 
know'n  as  "■Police  and  Fire  Commissioner,"  and  who  shall  have  imder 
his  special  charge  the  enforcement  of  all  police  regulations  of  said, 
city,  and  general  supervision  over  the  fire  depai-tment  thereof  and  such 
other  duties  as  may  be  required  by  the  Board  of  Commissioners;  one 
Commissioner  to  be  known  as  the  "Commissioner  of  Streets  and 
Public  Property,"  who,  except  as  herein  otherwise  provided,  shall  have 
under  his  special  charge  the  supervision  of  the  streets,  alleys,  public 
grounds  and  other  property  of  said  city,  and  be  charged  with  the 
duty  of  lighting  the  streets  and  keeping  the  streets,  alleys,  public 
grounds  and  property  in  a  clean  and  sanitary  condition  and  with  the 
enforcement  of  all  rules  and  regulations  necessary  to  these  ends, 
and  who  shall  also  have  under  his  special  charge  the  supervision  of  all 
public  improvements,  except  as  herein  otherwise  provided,  and  shall 
see  that  all  contracts  therefor  are  faithfully  complied  with,  and  such 
other  duties  as  may  be  required  of  him  by  the  Board  of  Comrnission- 
ers;  and  one  Commissioner  to  be  known  as  the  "Waterworks  and  Sew- 
erage Commissioner,"  who  shall  have  under  his  special  charge  the 
construction,  maintenance  and  operation  of  the  waterworks,  sewer 
system  and  departments  of  said  city,  and  shall  see  to  the  enforcement 
of  all  regulations  with  respect  to  said  departments  with  respect  to  all 


24  TULSA  CITY  CHARTER. 

the  revenues  pertaining  thereto,  and  shall  perform  such  other  duties 
as  may  be  required  of  him  by  the  Board  of  Commissioners;  and  one 
Commissioner  who  shall  be  known  as  the  "Commissioner  of  Finance 
and  Revenue,"  who  shall  have  under  his  special  charge  the  enforce- 
ment of  all  laws  for  the  assessment  and  collection  of  taxes  of  every 
kind  and  the  collection  of  all  revenues  belonging  to  said  city  from 
whatever  source  the  same  may  be  derived,  and  who  shall  also  examine 
into  and  keep  informed  as  to  the  finances  of  such  city,  and  such  other 
duties  as  may  be  required  by  the  Board  of  Commissioners.  It  isex- 
pressly  provided  that  the  niniiber  by  which  a  Commissioner  was  desig- 
nated upon  the  official  ballot  shall  bear  no  relation  to  and  shall  in  no 
manner  be  considered  in  the  determination  of  the  particular  pasition 
or  office  to  be  assigned  to  any  Commissioner.  Said  Commissioners  shall 
perform  all  of  the  executive  dutiesof  the  respective  departments  to 
which  they  may  be  assigned,  as  above  provided,  but  said  board,  as  a 
whole,  shall  have  supervision  of  and  be  responsible  for  the  administra 
tion  of  each  of  said  departments.  Provided,  that  the  Board  of  Com- 
missioners shall  have  at  any  time  power  to  transfer  the  Commission- 
ers from  one  department  to  another.  The  salary  of  each  of  said  Com- 
missioners shall  be  Twelve  Hundred  ($1,200.00)  Dollars  per  year,  payable 
in  monthly  installments. 

9.  The  Commissioners  named  as  the  head  of  each  department 
shall  audit  all  accounts  or  claims  against  it,  unless  he  be  absent  or  fail 
or  refuse  so  to  do,  in  which  event  the  Mayor  shall  appoint  another 
Commissioner  to  act  in  his  stead  during  his  absence,  or  to  audit  such 
claims  and  accounts  as  the  said  Commissioner  shall  fail  or  refuse  to 
act  upon;  but  before  payment  all  accounts  shall  be  acted  upon  and 
approved  by  said  Board  of  Commissioners  at  a  meeting  of  said  board. 
Said  board  shall  require  a  statement  to  be  published  monthly  in  the 
official  newspaper  of  said  city  showing  a  full,  clear  and  complete  state- 
ment of  all  taxes  and  other  revenue  collected  and  expended  during  the 
preceeding  month,  indicating  the  respective  sources  from  which  the 
moneys  were  derived  and  also  indicating  the  disposition  made  thereof, 
and  showing  all  disbursements  during  said  period. 

10.  The  Mayor  and  each  member  of  the  Board  of  Commissioners 
shall  be  required  to  give  bond  in  the  sum  of  ten  thousand  dollars  for 
the  faithful  discharge  of  his  duties. 

11.  The  Board  of  Commissioners  shall  be  vested  with  the  power 
and  charged  with  the  duty  of  adopting  all  laws  and  ordinances  not 
inconsistent  with  the  constitution  and  laws  of  this  State  touyhing 
every  object,  matter  and  subject  within  the  purview  of  the  local  gov- 
ernment instituted  by  this  charter. 

12.  Every  ordinance,  or  resolution  of  the  Board  of  Commissioners 
shall,  before  it  takes  effect,  be  presented  to  the  Mayor  for  his  approval 
and  signature.  If  he  approves  it,  he  shall  sign  it;  if  he  disapproves  it, 
he  shall  specify  his  objection  thereto  in  writing  within  five  days  and 
return  the  same  to  the  Board  of  Commissioners  with  such  disapproval. 
If  he  does  not  return  it,  it  shall,  after  five  days,  be  in  effect  and  force, 
as  if  he  had  approved  it. 


TUI^&'A  CITY  CHARTER.  25 

A  veto  by  the  Mayor  shall  suspend  the  action  of  the  Board  of  Com- 
missioners for  seven  days,  after  which  time  the  Board  of  Commission- 
ers may  pass  the  same  over  the  veto  of  the  Mayor  by  a  majority  vote, 
but  in  all  such  cases  the  Mayor  shall  not  be  deprived  of  his  right  to 
vote  as  a  member  of  the  Board  of  Commissioners  by  reason  of  such 
veto.  In  case  the  Mayor's  veto  is  sustained,  the  matter  shall  not 
again  come  before  the  Board  of  Commissioners  within  six  months.  In 
ordinances  or  resolutions  making  appropriation,  the  Mayor  may  veto 
any  or  every  item  therein,  but  such  veto  shall  not  extend  to  the  items 
not  vetoed,  and  those  which  he  approves  shall  not  become  effective, 
unless  passed  over  his  veto  in  the  manner  specified. 

13.  The  Board  of  Commissioners  shall  have  control  and  supervis- 
ion over  all  the  departments  of  the  city,  except  as  herein  otherwise 
provided,  and  to  that  end  shall  have  power  to  make  and  enforce  such 
rules  and  regulations  as  they  may  see  fit  and  proper  for  and  coscern- 
ing  the  organization,  management  and  operation  of  all  the  departments 
of  said  city  and  whatever  agencies  may  be  created  for  the  administra- 
tion of  its  affairs.  They  shall  have  power  to  create  such  offices  as  they 
may  deem  necessary  for  a  prudent  and  successful  administration  of  the 
affairs  of  the  city,  and  to  fix  the  salaries  of  the  persons  appointed 
thereto;  provided,  that  the  term  of  any  office  so  created  by  them  shall 
never  exceed  the  period  of  one  year,  and  tliey  shall  have  power  to 
abolish  at  any  time  any  such  office  and  to  terminate  the  official  duties 
and  relations  of  the  person  occupying  the  same.  The  Mayor  shall  pro- 
pose and  submit  to  the  Board  of  Commissioners  nominations  for  all 
offices  created  by  said  board,  and  said  nomintaions  shall  be  subject  to 
confirmation  by  a  majority  vote  of  the  board,  not  including  the  vote  of 
the  Mayor.  In  the  event  any  such  nomination  by  the  Mayor  shall  fail 
of  confirma.tion  by  the  board,  it  shall  be  the  duty  of  the  Mayor  to  make 
a  temporary  appointment  of  an  officer  pro-tem  to  discharge  the  duties 
of  said  position,  who  shall  not  have  been  rejected  by  the  board  as  a 
nominee  of  the  Mayor  for  said  office,  and  to  submit  another  nomination 
to  the  Board  of  Commissioners,  and  to  continue  until  one  shall  be 
ratified  and  confirmed  by  said  board. 

Each  member  of  the  Board  of  Commissioners  shall  have  the  right 
to  propose  and  name  the  employes  in  the  department  or  departments 
under  his  immediate  supervision,  but  a  majority  of  the  board  shall 
have  the  power  to  reject  any  such  proposal  and  to  discharge  any  officer 
or  employe  of  the  city  except  the  City  Attorney,  and  Corporation 
Judge. 

All  salaries  and  wages  to  be  i^aid  employes  of  the  city,  except  as 
otherwise  provided  herein,  shall  be  fixed  and  paid  by  the  Board  of 
Commissioners,  acting  as  a  -whole,  and  shall  not  become  effective  unless 
at  least  three  members  of  the  board  shall  vote  therefor. 

14.  The  Board  of  Commissioners  shall  meet  at  least  two  times 
in  every  week  in  regular  meeting  at  such  times  as  shall  be  fixed  by 
said  board,  at  the  city  hall  in  said  city,  to  consider  and  take  under 
advisement  and  act  upon  such  business  as  may  come  before  them.  A 
majority  of  said  board  shall    constitute  a  quorum   for  the   transaction 


26  TULSA  CITY  CHARTER. 

of  all  business,  but  no  action  of  said  Commissioners  shall  >e  effective 
unless  upon  a  vote  of  the  mapority  of  such  quorum,  and  n^  ordinanye 
shall  be  passed  or  become  effective  without  receiving  the  votes  of  at 
least  three  members  of  the  board.  No  final  action  shall  be  taken  in 
any  matter  concerning  the  special  department  of  ony  absent  Commis- 
sioner unless  such  business  has  been  made  a  special  order  of  the  day 
by  action  at  a  previous  meeting  of  the  board,  or  such  action  is  taken  at 
a  regular  meeting  of  the  board.  Special  meetings  may  be  called  by  the 
Mapor  or  by  any  two  members  of  said  board  at  any  time  to  consider 
only  such  matters  as  shall  be  mentioned  in  the  call  for  said  meeting, 
and  written  notice  thereof  shall  be  given  to  each  member  of  said  board. 
All  sessions  of  said  board,  whether  regular  or  called,  shall  be  open  to 
the  public. 

15.  It  shall  be  the  duty  of  the  Mayor  from  time  to  time,  to  make 
such  recommendations  to  the  Board  of  Commissioners  as  he  may  deem 
to  be  for  the  welfare  of  the  city,  and  on  the  first  Monday  in  July  of 
each  year,  or  as  soon  thereafter  as  practicable,  to  submit  to  the  Board 
of  Commissioners  the  annual  budget  or  estimate  of  the  receipts  and 
expense  of  the  city  for  the  fiscal  year,  each  item  in  which  may  be  in- 
creased, reduced  or  omitted  by  the  board,  subject  to  the  veto  power  of 
the  Mayor. 

16.  It  shall  be  the  duty  of  the  Board  of  Commissioners,  on  the 
second  Monday  in  July,  or  as  soon  thereafter  as  practicable,  to  appro- 
propriate  such  sums  of  money,  respectively,  for  each  of  the  various  de- 
partments of  the  city  government  as  it  deems  necessary  for  the  main- 
tenance and  operation  thereof  during  the  current  year.  The' current  fiscal 
year  shall  begin  at  12:01  o'clock,  noon,  on  the  first  day  of  July  of  each  year. 

In  addition  to  the  department  appropriations  herein  provided  for, 
the  Board  of  Commissioners  shall  also  make  such  appropriations  for 
contingent  purposes,  as  may  be  deemed  necessary. 

The  appropriation  herein  provided  for  shall  be  based  upon  esti- 
mates submitted  by  the  Mayor  in  his  annual  budget,  provided  the  same 
shall  have  been  submitted  to  the  board  as  herein  provided. 

The  head  of  each  department  created  by  the  Board  of  Commis- 
sioners shall  make  a  written  report  to  the  Mayor  not  later  than  the 
5th  day  of  July  in  each  and  every  year,  showing  the  operation  of  such 
department  for  the  preceding  year.  These  reports  shall  be  transmitted 
to  the  Mayor  and  shall  accompany  and  be  made  a  part  of  the  Mayor's 
report  to  the  Board  of  Commissioners,  which  report  shall  not  be  made 
later  than  the  second  Monday  in  July  in  each  year. 

The  Mayor  shall  also  make  such  recommendations  to  the  Board  of 
Commissioners  concerning  the  increase  or  decrease  of  departmental 
estimates  as  in  his  judgment  may  best  serve  the  interests  of  the  city. 
He  shall  also  submit  an  estimate  for  a  special  contingent  fund  for 
the  cui'rent  year. 

In  makirg  up  the  budget  allowance  for  any  current  year  the  Board 
of  Commissioners  shall  first  make  provisions  for  the  payment  of  the 
interest  and  for  the  creation,  setting  aside  and  preservation  of  a  legal 
sinking  fund  upon  all  of  the  outstanding  indebtedness  of  the  city  and 


TULSA  CITY  CHARTER.  27 

shall  then  make  such  appropriations  as  the  remaining-  revenues  of  the 
city  may  justify  to  be  appropriated  among  the  respective  departments. 
or  otherwise  appropriated  for  public  uses,  as  the  Board  of  Commis- 
sioners may  seem  best;  provided,  however,  that  in  no  yase  shall  the 
entire  appropriations  so  made,  including  interest  and  sinking-  fund  on 
the  bonded  debt,  and  appropriations  for  all  other  public  uses  and  pur- 
poses, ever  exceed  the  estimated  available  resources,  which  shall  be 
based  upon  the  probable  revenue  of  the  city  derived  from  ad  valorem 
taxes  upon  the  basis  of  the  total  valuation  of  property  for  taxation  for 
the  preceeding-  year,  and  of  such  other  contingent  revenues  of  the  city 
as  will  probably  accrue. 

It  shall  be  deemed  malfeasence  for  the  Board  of  Commissioners  to 
make  an  appropriation  in  the  budget,  the  sum  total  of  which  shall 
exceed  the  estimated  available  or  probable  revenues  for  any  current 
fiscal  year. 

17.  The  Board  of  Commissioners  at  its  second  regular  meeting  in 
June  of  each  year,  or  as  soon  thereafter  as  practicable,  shall  levy  the 
annual  tax  for  such  year,  but  special  taxes  or  assessments  allowed  by 
this  charter  may  be  levied,  assessed  and  collected  at  such  times  as  the 
Board  of  Commissioners  in  each  case  may  provide. 

18.  The  Board  of  Commissioners  shall  have  full  power  to  provide, 
by  ordinance,  for  the  prompt  collection  of  taxes,  levied,  and  imposed 
under  this  charter,  and  are  hereby  authorized,  and  to  that  end  may 
and  shall  have  full  power  and  authority  to  sell  or  cause  to  be  sold  all 
kinds  of  property,  real  and  personal,  and  may  and  shall  make  such 
rules  and  regulations  and  ordain  and  pass  all  ordinances  deemed  nec- 
essary to  the  levying,  laying,  imposing,  assessing  and  collecting  of  any 
taxes  provided  for  in  this  charter.  Unless  otherwise  provided  by  this 
charter  and  by  ordinance  passed  thereunder,  all  property  in  such  city 
liable  to  taxation  shall  be  assessed  in  accordance  with  the  provisions 
of  general  laws  of  the  State  in  so  far  as  applicable. 

19.  The  Board  of  Commissioners  shall  have  the  management  and 
control  of  the  finances  of  the  city  except  as  otherwise  herein  provid- 
ed. They  shall  have  the  power  to  appropriate  money  and  provide  for 
the  payment  of  debts  and  expenses  of  the  city;  to  provide  by  ordinance 
special  funds  for  special  purposes  provided  for  under  the  provisions  of 
this  charter,  and  to  make  the  same  disbursable  only  for  such  pupose,  and 
to  impose  proper  penalties  for  enforcing  the  same;  to  provide  by  ordi- 
nace  for  the  payment  of  any  existing  and  outstanding  indebtedness  and 
for  the  payment  of  any  bonds  that  may  from  time  to  time,  be  inssued, 
and  shall  for  such  purposes  have  the  power  to  lecy.  assess  and  collect 
a  special  tax. 

20.  The  Board  of  Commissioners  shall  have  the  power  to  fund  or 
refund  by  ordinance  the  whole  or  any  part  of  the  existing  debts  of  the 
city,  or  any  further  debt  by  acquiring  and  cancelling  the  evidence  thereof 
and  to  issue  other  bonds  in  lieu  thereof,  either  registered  or  coupon, 
bearing  interest  at  a  rate  not  greater  than  the  original  indebtedness, 
and  to  this  end  may  apply  the  sinking  fund  belonging  to  any  series  of 


28  TULSA  CITY  CHARTER. 

bonds  so  refunded,  and  may  pay  and  retire  any  bond  by  using  the  sink- 
ing fund  thereof. 

21.  Neither  the  Mayor  nor  any  member  of  the  Board  of  Commis- 
sioners, nor  any  elective  or  appointive  employe  of  the  city,  shall  be 
directly  or  indirectly  in  the  employ  of  any  person,  company,  or  corpora- 
tion holding  or  seeking  to  hold  any  franchise  of  the  City  of  Tulsa,  or 
shall  receive,  directly  or  indirectly,  any  wage,  commission  fee,  gift,  favor 
or  payment  from  any  such  franchise  holder;  and  a  violation  of  this 
section  shall  ipso  facto,  render  vacant  the  position  held  by  the  person 
so  violating  it,  and  shall  be  punished  as  bribery. 

No  member  of  the  Board  of  Commissioners  or  any  other  officer 
of  the  city  shall  be  directly  or  indirectly  interested  in  any  work,  busi- 
ness or  contract,  the  expense,  price  or  consideration  of  which  is  paid 
from  the  City  Treasury,  or  by  any  assessment  levied  by  ordinance  or 
resolution  of  the  Board  of  Commissioners;  nor  be  the  surety  of  any 
person  having,  any  contract  work  or  business  with  said  city  for  the  per- 
formance of  which  security  may  be  required,  nor  be  the  surety  on  the 
official  bond  of  any  officer  of  the  city.  Contracts  in  violation  of  said 
provision  shall  be  void. 

22.  TheBoard  of  Commissioners  shall  by  ordinance  adopt  such 
rules  and  regulations  for  its  government  and  order  of  business  as  its 
members  may  deem  best.  It  shall  be  the  judge  of  the  qualifications 
and  election  of  its  members,  including  the  Mayor,  and  shall  have  author- 
ity to  recount  the  votes  cast  for  either  of  its  members,  and  to  correct 
the  results  which  may-  have  been  theretofore  declared,  in  the  event 
notice  of  a  contest  of  any  such  election  shall  be  given  within  thirty 
days  after  such  election  shall  have  been  held.  It  shall  also  be  the 
judge  of  the  election  and  qualification  of  all  other  city  officers  subject 
to  the  provisions  of  this  charter  applying  thereto.  It  may  punish  mem- 
bers, or  other  persons,  during  its  sittings  by  fine  for  disorderly  conduct. 

23.  The  Mayor  and  each  Commissioner  and  the  City  Auditor  shall 
be.  and  thej'  are  hereby  authorized  to  administer  oaths  in  the  municipal 
affairs  and  government  of  the  city. 

24.  If  a  vacancy  shall  occur  in  the  Board  of  Commissioners,  (ex- 
cepting the  Mayor),  or  the  office  of  the  City  Attorney  or  Corporation 
Judge  or  City  Auditor,  the  Mayor  shall  nominate  a  person  to  fill  the 
unexpired  term  of  such  office,  and  submit  his  name  to  the  Board  of 
Commissioners.  If  such  nomination  shall  receive  the  approval  of  three 
members  of  the  board,  not  including  the  Mayor,  said  appointment  shall 
take  effect  from  the  date  of  such  confirmation.  In  the  event  said 
board  shall  fail  or  refuse  to  confirm  such  nomination,  the  Mayor  shall 
submit  another  nomination  of  a  different  person  for  said  office,  and 
shall  continue  so  to  do  until  a  nomination  so  made  by  him  shall  be  con- 
firmed by  the  Board  of  Commissioners.  In  the  event  of  a  vacancy  in 
the  office  of  City  Attorney,  or  Judge  of  the  Municipal  Court,  or  City 
Auditor  which  shall  not  be  promptly  filed  as  above  provided,  it  shall  be 
the  duty  of  the  Mayor  to  appoint  an  officer  pro-tem  to  perform  the 
duties  of  such  vacated  office,  which  said  pro-tem  officer  shall  be  entitled* 
to  receive  the  regular  salary  for  said  services  for  the  time  he  shall  per- 


TULSA  CITY  CHARTER.  29 

form  them,  and  shall   serve  in   said  capacity  until   said   office  shall   be 
filled  in  accordance  with  this  charter. 

25.  All  the  powers  vested  in  thi.s  charter  in  the  Board  of  Commis- 
sioners of  the  City  of  Tulsa,  in  regard  to  ordinances  and  all  legislative 
authority  vested  in  said  board,  are  subordinate  and  subject  to  said 
powers  of  the  initiative  and  referendum  as  set  forth  in  the  Constitu- 
tion and  statutes  of  the  State  of  Oklahoma,  which  are  now  in  force 
and  effect,  or  which  may  be  hereafter  passed  to  cari-y  out  the  provis- 
ions of  the  constitution  in  regard  to  the  initiative  and  referendum. 
CITY  ATTORNEY— ARTICLE   IV. 

The  Mayor  shall,  at  the  first  meeting  of  the  first  Board  of  Commis- 
sioners elected  under  this  charter,  and  on  the  fourth  Tuesday  in  April, 
1909,  and  annually  thereafter,  submit  to  the  Board  of  Commissioners 
a  nomination  for  the  office  of  City  Attorney,  and  said  board  shall  con- 
firm or  reject  such  nomination  by  a  majority  vote  thereof  not  includ- 
ing the  Mayor.  The  votes  of  three  members  of  said  board  shall  be 
sufficient  to  confirm  or  to  reject  such  nomination  and  in  the  event  such 
nomination  "shall  be  rejected,  it  shall  be  the  duty  of  the  Mayor  to  sub- 
mit the  name  of  a  different  person  to  the  Board  of  Commissioners  as 
nominee  for  said  office  and  he  shall  continue  so  to  do  until  a  nomination 
so  made  by  him  shall  be  confirmed  by  said  board. 

The  City  Attorney  shall  receive  such  salary  as  shall  be  fixed  by  the 
Board  of  Commissioners  at  the  beginning  of  his  term  and  said  compen- 
sation shall  not  be  increased  or  diminished  during  his  term  of  office. 
The  City  Attorney  chosen  in  1908  shall  serve  until  his  successor  shall 
be  chosen  as  herein  provided  and  shall  qualify.  Said  officer  shall  rep- 
resent the  city  in  all  litigation  and  controversies.  The  Board  of  Com- 
missioners shall  be  empowered  at  its  decretion  to  employ  an  assistant 
or  assistants  for  said  officer,  and  to  fix  the  compensation  to  be  paid 
for  such  service,  and  such  City  Attorney  and  his  assistants  shall  have 
authority  to  administer  oaths  and  affidavits.  It  shall  be  the  duty  of 
the  City  Attorney  to  approve  in  writing  all  proposed  ordinances  before 
they  shall  be  adopted,  or  to  file  with  the  Board  of  Commissioners  in 
writing  his  objections  thereto.  It  shall  be  his  duty  to  draft  all  proposed 
ordinances  granting  franchises,  and  in  the  event  he  shall  not  approve 
any  such  proposed  ordinance,  it  shall  be  his  duty  to  file  with  the  Board 
o*f  Commissioners,  in  writing  his  objections  thereto.  It  shall  be  the 
duty  of  said  officer  to  inspect  and  pass  upon  all  papers,  documents, 
contracts  and  other  instruments  in  which  the  city  may  be  interested. 
He  shall  be  the  legal  adviser  of  the  Mayor,  the  Board  of  Commissioners, 
or  any  committee  thereof,  and  all  city  officers  and  employes  with  re- 
spect to  any  legal  question  involving  an  official  duty  or  any  other  matter 
pertaining  to  the  affairs  of  the  Citj^  of  Tulsa.  The  City  Attorney 
shall  perform  such  other  duties  as  the  Board  of  Commissioners  may 
direct.  When  ever  it  shall  be  brought  to  the  knowledge  of  the  City 
Attorney,  through  the  affidavit  of  ten  credible  persons  or  otherwise,  that 
any  person,  firm  or  corporation  exercising  and  enjoying  any  fran- 
chise or  privilege  from  the  City  of  Tulsa  has  been  guilty  of  a  breach  of 
any  condition  of  such  grant,  or  has  failed  to  comply  in  any  material  mat- 


TULSA  CITY  CHARTER. 


ter  with  the  terms  and  stipulations  thereof,  it  shall  be  the  duty  of  said 
officer  to  make  report  ofsaid  matter  to  the  Board  of  Commissioners,  to- 
gether with  all  facts  bearing  upon  the  same  which  may  be  brought  to  his 
attention.  If  said  board  shall  determine  that  said  complaints  are  well 
founded,  it  shall  be  its  duty  to  take  such  action  as  may  be  necessary; 
and  in  the  event  the  offending  corporation  shall  fail  or  refuse  to  con- 
form to  such  orders  as  it  may  make  with  respect  thereto,  it  shall  be 
the  duty  of  the  board  to  direct  the  City  Attorney  to  institute  a  suit  in 
the  court  having  jurisdiction  thereof  against  such  person,  firm  or  cor- 
poration so  offending  to  obtain  a  judgment  of  forfeiture  of  said  fran- 
chise or  privilege. 

MUNICIPAL  COURT. 

There  shall  be  a  court  for  the  trial  of  misdemeanor  offenses  known 
as  the  "Municipal  Court." 

The  Magistrate  of  said  court  shall  be  known  as  the  "Judge  of  the 
Municipal  Court,"  he  shall  be  a  qualified  voter  of  the  City  of  Tulsa, 
shall  be  appointed  by  the  Mayor  and  confirmed  by  the  Board  of  Com- 
missioners, shall  hold  his  office  for  one  year  unless  sooner  removed  bj' 
impeachment,  and  shall  receive  such  salary  as  may  be  fixed  by  the 
Board  of  Commissioners,  which  salary  shall  not  be  increased  or  dimin- 
ished during  his  term  of  office.  There  shall  be  a  clerk,  or  clerks  of  said 
court,  and  such  deputies  as  may  be  created  or  provided  for  by  ordinance 
adopted  by  the  Commissioners,  which  deputies  shall  be  appointed  by  the 
Mayor  and  confirmed  by  the  Board  of  Commissioners,  and  shall  be 
subject  to  removal  at  any  time  by  the  Board  of  Commissioners,  and 
shall  receive  such  salary  as  may  be  fixed  by  the  Board  of  Commis- 
sioners. 

The  clerk  or  clerks  of  said  court  and  the  deputies  thereof  shall  have 
the  power  to  administer  oaths  and  affidavits,  make  certificates,  affix  the 
seal  of  said  court  thereto,  and  generally  to  do  and  perform  all  things 
and  acts  usually  or  necessary  to  be  performed  by  clerks  of  courts  in 
issuing    process   of   said   courts   and    conducting    the    business   thereof. 

The  Board  of  Commissioners  may  require  such  clerk,  clerks  or  depu- 
ties created  by  it  to  perform  such  other  duties  in  addition  to  the  duties 
of  clerk  or  deputy  clerk  as  may  be  prescribed,  or  may  provide  that  some 
other  employe  or  employes  of  the  city,  in  addition  to  other  duties,  may 
perform  the  duties  of  such  clerk  or  deputy  clerk,  without  extra  com- 
pensation. 

The  Mayor  shall  within  fifteen  days  after  his  election  and  qualifi- 
cation for  the  years  of  1908  and  1909,  and  annually  thereafter,  nominate 
and  submit  to  the  Board  of  Commissioners  for  confirmation,  the  name 
of  a  person  proposed  by  him  for  the  office,  of  Judge  of  said  Municipal 
Court.  Said  officer  shall  be  a  regularly  licensed  and  practicing  attor- 
ney and  a  qualified  voter  of  the  City  of  Tulsa,  and  shall  have  resided 
in  said  city  at  least  one  year  before  said  appointment.  He  shall  re- 
ceive for  his  services  such  compensation  as  may  be  fixed  by  the  Board 
of  Commissioners  and  such  compensation  shall  not  be  changed  during 
his  term  of  office. 


TUI.SA  CITY  CHARTER.  31 

If  the  Board  of  Commissioners  should  fail  or  refuse  to  confirm  any 
nomination  for  judge  of  the  Municipal  Court,  it  shall  be  the  duty  of 
the  Mayor  to  submit  another  nomination  for  such  office  and  to  continue 
so  to  do  until  a  nomination  shall  be  confirmed.  The  Mayor  shall  have 
authority  to  make  a  temporary  appointment  to  fill  a  vacancy  in  said 
office,  to  continue  until  an  appointment  thereto  made  and  submitted  by 
him  to  the  Board  of  Commissioners  shall  be  confirmed  thereby,  which 
said  temporary  appointee  shall  not  have  been  theretofore  rejected  by 
the  Board  of  Commissioners  as  a  nominee  for  said  office. 

3.  On  the  sixth  Tuesday  after  this  act  shall  take  effect,  and  on 
the  first  Tuesday  in  April,  1910,  and  biennially  thereafter  there  shall 
be  elected  a  City  Auditor,  who  shall  be  elected  by  the  qualified  voters 
of  the  city  at  large,  and  who  shall  be  nominated  and  elected  at  the  same 
election  as  provided  for  the  election  of  Mayor  and  four  Commissioners, 
and  shall  be  nominated  and  elected  in  the  same  manner  as  is  provided  in 
Article  four,  for  the  nomination  and  election  of  Mayor  and  four  Commis- 
sioners. He  shall  serve  for  the  term  of  two  years  and  until  his  successor 
shall  be  elected  and  shall  qualify;  Provided,  That  the  first  Auditor  elected 
under  this  charter  shall  hold  until  his  successor,  who  shall  be  elected 
on  the  first  Tuesday  of  April.   1910,  shall  qualify. 

4.  It  shall  be  the  duty  of  the  Auditor  to  examine  in  detail  all  bills, 
accounts  and  claims  against  the  said  city,  and  if  found  correct  to 
sign  his  name  in  approval  thereof,  but  if  found  incorrect  he 
shall  return  them  to  the  party  presenting  the  same  for  correction.  He 
shall  be  the  general  accountant  of  the  said  city,  and  shall  keep  in  books 
regular  accounts  of  all  real,  personal  and  mixed  property  of  the  said 
city;  of  all  receipts  and  disbursements  of  money;  and  under  proper 
heads,  separately,  each  source  of  receipt  and  the  cause  of  each  disburse- 
ment; and  shall  also  keep  an  account  with  each  person,  including  the 
officers,  who  have  money  transactions  with  the  said  city,  crediting 
amounts  allowed  by  proper  authoritj-,  and  specifying  the  particular 
transaction  to  which  such  entries  apply.  It  shall  be  his  duty  at  least 
once  in  each  month  to  examine  the  books  of  account  of  all  officers  of 
said  city  charged  with  the  receipt  and  disbursement  of  money,  and  if 
they  be  found  incorrect,  to  at  once  make  a  report  in  writing  of  the  same 
to  the  Mayor.  It  shall  also  be  his  duty  to  examine  all  warrants  and 
countersign  the  same  after  appropriation  has  been  duly  made  to  pay  the 
same  by  said  Board  of  Commissioners.  He  shall  certify  to  the  correct- 
ness of  all  monthly  reports  which  shall  be  published  by  the  Board  of 
Commissioners,  as  required  by  Article  3  hereof.  It  shall  be  his  duty 
to  ascertain  whether  any  expenditure  made  or  proposed  to  be  made  by 
the  city  is  excessive,  either  in  the  price  of  the  thing  purchased,  the 
computation  of  the  charge  or  otherwise,  and  if  he  shall  so  find,  he 
shall  make  report  thereon  to  the  Board  of  Commissioners  and  state 
the  facts  in  his  certificate  to  be  attached  to  the  monthly  report  to  be 
published  as  herein  provided  for.  He  shall  receive  for  his  services  a 
salary  of  Twelve  Hundred  ($1,200.00)  Dollars  per  annum,  payable  in 
equal  monthly  installments,  and  shall  give  bond  for  the  faithful  per- 
formance  of  his  duties   in  the    sum   of  Ten   Thousand    ($10,000.00)    Dol- 


32  TULSA  CITY  CHARTER. 

lars.  with  two  or  more  good  and  sufficient  sureties,  to  be  approved  by 
the  Board  of  Commissioners.  He  shall  also  act  as  Secretary  of  the 
Board  of  Commissioners  and  shall  be  present  at  all  meetings  of  said 
board  and  shall  keep  a  record  of  the  minutes  thereof  and  shall  do  and 
perform  all  the  duties  in  relation  thereto  and  shall  perform  such  other 
duties  in  addition  to  the  duties  herein  prescribed  as  the  Board  of  Com- 
missioners  shall   by   ordinance   provide. 

5.  The  City  Attorney  and  Judge  of  the  Corporation  Court,  shall 
each  serve  for  the  period  of  one  j^ear.  The  City  Attorney  and  Judge 
of  the  Corporation  Court  shall  receive  such  compensation  as  may  be 
fixed  by  the  Board  of  Commissioners  at  the  beginning  of  their  terms, 
and  such  compensation  shall  not  be  increased  or  diminished  during  such 
terms. 

6.  The  City  Attorney  and  Judge  of  the  Corporation  Court  shall 
not  be  subject  to  removal  from  office  by  the  Board  of  Commissioners 
but  such  above  named  officers  and  Mayor  and  each  member  of  the  Board 
of  Commissioners  and  the  City  Auditor  may  be  removed  for  the  causes 
named  in  Section  199  of  the  State  Constitution,  and  in  the  manner 
provided  or  which  may  hereafter  be  provided  for  the  removal  of  mu- 
nicipal elective  officers,  by  general  law. 

7.  The  Board  of  Commissioners  shall  have  power  to  provide  for 
such  other  officers  and  employes  as  may  be  necessary,  to  fix  the  com- 
pensation to  be  paid  thereto,  and  to  employ  such  person  and  to  make 
such  compensation  therefor  as  may  seem  expedient  and  necessary  to 
the  board;  Provided,  That  a  majority  thereof  shall  approve  such  action; 
and.  Provided  Further.  That  all  officers  other  than  those  specially  men- 
tioned herein  shall  hold  their  offices  for  a  term  of  not  exceeding  one 
year,  and  shall  be  subject  to  removal  at  any  time  by  the  Board  of 
Commissioners. 

CITY   TREASURER. 

8.  The  Mayor  shall  at  the  first  meeting  of  the  Board  of  Commission- 
ers eleyted  under  this  charter  and  on  the  fourth  Tuesday  in  April,  1909, 

and  annually  thereafter,  submit  to  the  Board  of  Commissioners  a  nomina- 
tion for  the  office  of  City  Treasurer,  and  said  board  shall  confirm  or 
reject  such  nomination  by  a  majority  vote,  not  including  the  Mayor. 
The  votes  of  three  members  of  said  board  shall  be  sufficient  to  confirm  or 
reject  such  nomination,  and  in  the  event  such  nomination  is  rejected 
it  shall  be  the  duty  of  the  Mayor  to  submit  the  name  of  a  different 
person  to  the  Board  of  Commissioners  as  nominee  for  said  office  and 
he  shall  continue  so  to  do  until  a  nomination  so  made  by  him  shall  be 
confirmed  by  said  board.  Said  Treasurer  shall  give  such  bond  as  the 
Board  of  Commissioners  may  require,  conditioned  for  the  faithful  dis- 
charge of  his  duties.  He  shall  receive  and  securely  keep  all  moneys 
belonging  to  the  city,  and  make  all  payments  for  the  same  upon  an 
order  signed  by  the  Mayor  and  countersigned  by  the  Auditor;  Provided, 
That  no  order  shall  be  paid  unless  it  shows  upon  its  face  that  the 
Board  of  Commissioners  have  ordered  its  issuance,  and  for  what  pur- 
pose. He  shall  render  a  full  and  correct  statement  of  his  receipts 
and    paj-ments   to    the   Board   of   Commissioners    at   their   first   regular 


TULSA  CITY  CHARTER.  33 

meeting  in  every  montli.  and  at  such  other  times  as  the  Board  of  Com- 
missioners may  require.  He  shall  perform  such  other  acts  and  duties 
as  the  Board  of  Commissioners  may  require,  and  shall  receive  for  his 
services  such  salary  as  shall  be  allowed  by  the  Board  of  Commis- 
sioners. 


ARTICLE  V. 


THE   PARK  BOARD. 

1.  Within  thirty  days  after  the  election  of  the  Board  of  Commis- 
sioners under  this  charter,  or  as  soon  thereafter  as  practicable,  and  on 
the  fourth  Tuesday  in  April,  1910.  and  biennially  thereafter  the  Mayor 
shall  appoint  four  qualified  voters  of  the  City  of  Tulsa,  subject  to  con- 
firmation by  the  Board  of  Commissioners,  who  shall,  with  the  Mayor, 
constitute  the  Park  Board  of  said  city,  and  who  shall  serve  for  a  period 
of  two  years  and  until  their  successors  are  appointed  and  ^qualified. 
Said  Park  Board  shall  have  exclusive  jurisdiction  over  the  control,  man- 
agement, improvement  and  maintenance  of  the  public  parks  of  the  City 
of  Tulsa  with  pow^r  to  acquire,  in.  the  name  of  the  city,  land  for  park 
purposes,  except  as  herein  otherwise  provided. 

2.  All  funds  appropriated  and  set  apart  for  public  parks, 
whether  derived  from  appropriations  made  by  the  Board  cf  Commis- 
sioners, or  from  tax  levies,  or  from  any  other  source  whatsoever,  shall 
be  deposited  with  the  City  Treasurer  to  the  credit  of  the  park  fund. 
and  paid  out  only  upon  order  of  said  Park  Board  after  same  shall 
have  been  audited  by  the  City  Auditor. 

3.  The  Park  Board  shall  adopt  such  rules  and  regulations  as  it 
may  deem  best  for  the  management  of  the  public  parks  of  the  city  and 
shall  elect  one  of  its  memoers  president  of  the  Park  Board. 

The  !t-aid  Park  Board  shall  render  to  the  Board  of  Commissioners 
quaiterly  reports  for  the  quarters  ending  the  last  day  of  September, 
December,  March  and  June,  or  as  soon  after  the  end  of  each  quarter  as 
practicable,  showing  in  detail  all  the  transactions  of  said  board  for 
the  quarter. 

4.  The  Board  of  Commissioners  when  levying  the  taxes  for  each 
fiscal  year,  may  levy  an  ad  valorem  tax  of  not  to  exceed  o:ne-tenth  of 
one  per  cent,  of  the  assessed  value  of  all  real  and  personal  property 
in  the  city  not  exempt  from  taxation  by  the  Constitution  and  laws  of 
the  State  for  the  use  and  benefit  of  the  park  fund.  Said  tax  when 
collected,  shall  be  deposited  with  the  City  Treasurer  to  the  credit  of 
the  park  fund,  and  said  sum,  together  with  .all  sums  received  from 
other  sources,  shall  be  held  by  the  City  Treasurer  subject  to  the  order 
and  disbursement  of  the  Park  Board  for  acquiring  additional  land  for 
parks  and  improving  and  maintaining  parks,  and  shall  be  paid  out 
upon  warrants  issued  by  the  Park  Board,  signed  by  the  president  of 
said  board,  and  countersigned  by  the   City  Auditor. 

5.  The  four  Park  Commissioners  shall  possess  the  same  qualifica- 


34  TULSA  CITY  CHARTER. 

tions  and  be  subject  to  the  same  disqualifications  provided  by  law  for 
Commissioners  of  the  City  of  Tulsa,  and  shall  serve  without  compensa- 
tion. 

The  Park  Board  maj^  select  such  guards  as  they  may  deem  neces- 
sary to  protect  the  parks  and  property  thereon  in  the  City  of  Tulsa, 
and  such  guards  shall  be  commissioned  as  policemen  by  the  proper 
municipal  authorieties  at  the  request  of  said  board,  but  such  persons 
shall  be  under  the  control  of  the  Park  Board  and  their  compensation 
shall  be  fixed  by  said  board,  and  they  shall  be  subject  to  removal  or 
dismissal  at  the  pleasure  and  without  cause  by  said  board. 


ARTICDE  VI. 


ASSESSMENT  AND  COLLECTION  OF  TAXES'. 
1.  The  Assessor  and  Collector  of  taxes  shall  be  under  the  immedi- 
ate supervasion  of  the  Commissioner  of  Finance  and  Revenue,  who  shall 
be  directly  responsible  for  the  performance  of  all  duties  relating  to 
said  office.  He  shall  assess  all  taxable  property  in  such  manner  and 
within  such  time  as  the  Board  pt  Commissioners  may  prescribe.  He 
shall  make  duplicate  assessment  rolls  and  on  their  completion  and  ap- 
proval by  the  Board  of  Commissioners  shall  deliver  one  to  the  Com- 
missioner of  Finance  and  Revenue,  and  file  one  with  the  City  Auditor. 
He  shall  be  authorized  to  require  property  holders  to  tender  a  correct 
account  of  their  property  under  oath  or  affirmation  to  be  by  him  admin- 
istered. The  Commissioner  of  Finance  and  Revenue  shall  collect  all 
taxes  due  the  city  whether  the  same  be  general,  special  assessment,  oc- 
cupation, license,  or  otherwise,  and  shall  pay  the  same  over  to  th  City 
Treasurer  within  twenty-four  hours  of  their  collection,  taking  dupli- 
cate receipts  therefor,  one  of  which  he  shall  retain,  and  the  other  he 
shall  turn  over  to  the  Board  of  Commissioners.  He  shall  monthly,  or 
oftener,  if  required,  make  a  detailed  report  to  the  Board  of  Commis- 
sioners of  all  collections  made  by  him.  He  shall  be  vigilant  and  see 
that  no  business  of  any  kind  is  conducted  unless  license  or  occupation 
tax  due  therefor  shall  have  first  been  paid.  The  commissioner  of 
Finance  and  Revenue  shall  be  responsible  for  all  acts  of  the  deputies 
in  said  oftices.  He  shall  be  active  in  collecting  all  delinquent  taxes 
and  enforce  their  collection  as  herein  provided,  and  as  may  be  provid- 
ed by  ordinance.  He  shall  have  all  the  powers  and  perform  all  the 
duties  here  provided,  and  such  others  as  the  Board  of  Commissioners 
may  confer  and  prescribe.  For  any  failure  to  deposit  with  the  City 
Treasurer  within  twenty-four  hours  of  the  collection  thereof,  all  moneys 
collected  by  him,  the  said  Commissioner  of  Finance  and  Revenue  and 
the  sureties  on  his  bond  shall  be  required  to  pay  interest  at  the  rate 
of  ten  per  cent,  per  annum  on  such  money  until  deposited,  and  the 
Board  of  Commissioners  shall  have  power  to  remove  said  member 
from  the  department  of  Finance  and  Revenue  for  failure  to  deposit  any 
collections  as  required,  and  appoint  another  member  to  said  department, 
and  it  shall  be  their  duty  to  make  such  removal  for  such  offense  if  it 
shall  be  persisted  in  by  him. 


TULSA  CITY  CHARTER.  35 

If  the  assessor  of  taxes  purposes  to  increase  any  assessment  over 
the  amount  assessed  in  the  preceeding  year,  he  shall  cause  notice  stating 
the  fact  that  the  assessment  of  the  property  owner  is  about  to  be  in- 
creased, without  specifically  designating-  the  particular  property,  or  the 
amount  to  be  increased,  to  be  addressed  to  the  owner,  agent  or  repre- 
sentative thereof,  and  mailed  at  the  postoffice  in  the  City  of  Tulsa,  and 
shall  give  further  notice  by  publication  for  one  day  in  some  newspaper 
published  in  the  City  of  Tulsa,  and  in  such  newspaper  publication  the 
names  of  as  many  owners  as  the  assessor  of  taxes  shall  see  fit  may 
be  included  in  one  notice;  Provided,  When  the  owner  is  unknown  the 
newspaper  notice  shall  be  sufficient. 

The  Assessor  of  Taxes  shall  have  the  power  under  such  regulation 
and  method  as  may  be  prescribed  by  the  Board  of  Commissioners  by 
ordinance,  to  pro  rate  the  taxes  against  tracts  of  land  owned  by  dif- 
ferent owners  which  have  been  taxed  together  as  one  tract,  and  to 
divide  and  apportion  the  lien  to  each  of  the  several  tracts  according 
to  its  proportion  of  the  entire  assessment. 

2.  The  Board  of  Commissioners  shall  have  full  power  to  provide 
by  ordinace  for  the  prompt  collection  of  taxes  assessed,  levied  and  im- 
posed under  this  charter,  and  are  hereby  authorized,  and  to  that  end 
may  and  shall  have  full  power  and  authority  to  sell  or  cause  to  be 
sold  all  kinds  of  property,  real  and  personal,  and  may.  and  shall  make 
such  rules  and  regulations  and  ordain  and  pass  all  ordinances  deemed 
necessary  to  the  levying,  laying,  imposing,  assessing  and  collecting  of 
any  taxes  provided  for  in  this  charter.  Onless  otherwise  provided  by 
ordinance  and  this  charter,  all  property  in  such  city  liable  to  taxation 
shall  be  assessed  in  accordance  with  the  provisions  of  the  general  laws 
of  the  State,  in  so  far  as  appricable. 

3.  The  Board  of  Commissioners  shall  have  power  by  ordinance  to 
regulate  the  manner  and  mode  of  making  out  tax  lists,  inventories  and 
appraisements  of  property  therein,  and  to  prescribe  the  oath  that  shall 
be  administered  to  each  person  on  rendition  of  his  property,  and  prescribe 
how,  when  and  where  property  shall  be  rendered,  and  to  prescribe  the 
number  and  form  of  assessment  rolls  and  fix  the  duties  and  define  the 
powers  of  City  Assessor  and  adopt  such  measures  as  the  Board  of  Com- 
missioners may  deem  advisable  to  secure  the  assessment  of  all  property 
within  the  city  limits,  and  collect  the  tax  thereupon,  and  may  provide 
a  fine  for  all  persons  neglecting,  failing  or  refusing  to  render  their 
property  for  taxation. 

4.  The  Assessor  of  Taxes  shall,  at  least  ten  days  before  the  first 
day  of  January  of  each  year,  give  public  notice  by  hand  bills  circulated 
through  the  city  and  by  advertisement  in  some  paper,  that  all  persons 
owning  or  controlling,  as  agent  or  otherwise,  any  personal  property  or 
real  estate  subject  to  municipal  taxation  on  or  before  the  first  day  of 
April  of  each  year.  All  merchants  doing  business  in  the  city  are  re- 
quired within  the  same  time,  to  furnish  the  Assessor  and  Collector  of 
Taxes  a  true  statement,  verified  by  affidavit,  of  all  goods,  wares  and 
merchandise  owned  or  kept  on  hand  by  such  merchant  on  the  fii'st  day 


36  TULSA  CITY   CHARTER. 

of  January.        Any   merchant   failing   to   comply   with   this   requirement 
shall  be  liable  to  such  fine  as  may  be  imposed  by  ordinance. 

5.  If  the  Assessor  of  Taxes  shall  discover  any  real  or  personal 
property  which  was  subject  to  taxation  for  any  previous  year,  and  which 
from  any  cause  has  escaped  taxation  for  that  year,  he  shall  assess  the 
same  in  a  supplement  to  his  next  assessment  roll  at  the  same  rate  under 
which  such  property  should  have  been  assessed  for  such  year,  stating 
the  year,  and  the  taxes  thereon  shall  be  collected  the  same  as  other 
assessments;  Provided.  That  such  supplement  roll  may  be  made  at  any 
time  and  reported  to  the  Board  of  Commissioners  for  its  approval,  and 
any  number  of  such  rolls  maj^  be  made  that  may  be  necessar5^  The 
taxes  assessed  in  such  supplement  rolls  for  years  previous  to  the  ap- 
proval of  such  rolls  by  the  Board  of  Commissioners,  and  such  taxes 
may  bear  interest  at  the  rate  of  six  per  cent,  per  annum  from  date  on 
which  the  same  would  have  been  delinquent  if  levied  and  assessed,  and 
if  the  same  shall  not  be  paid  within  thirty  days  after  the  date  of  such 
approval  the  Commissioner  of  Finance  and  Revenue  shall  proceed  to 
collect  the  same  by  advertisement  and  by  sale  of  such  property  as 
soon  as  practicable;  such  advertisement  and  sale  to  be  made  in  the 
satne  manner,  and  for  the  same  time  as  in  cases  of  the  sale  of  such 
property  for  other  ad  valorem  taxes,  as  prescribed  by  the  city  charter; 
Provided,  That  a  misnomer  of,  or  failure  to  name  the  owner  in  the  as- 
sessment roll  shall  not  affect  the  validity  of  the  assessment  of  any 
taxes;  and,  Provided  Further.  That  when  such  taxes  have  not  been  at- 
tempted to  be  assessed  for  such  previous  year,  such  taxes  shall  bear 
interest  only  from  the  date  of  approval  of  the  supplement  rolls.  The 
Assessor  of  Taxes  may  in  any  year  reassess  property,  which,  because 
of  irregularity  in  the  assessment,  of  any  previous  year  may  have  been 
improperly  assessed;  such  reassessment  shall  be  at  the  value  at  which 
it  should  have  been  assessed  in  any  such  year,  and  property  owners  of 
such  property  shall  take  notice  of  such  reassessment,  if  made  prior 
to  the  first  of  April  in  any  year,  but  if  made  after  such  date,  notice 
shall  be  given  by  the  Assessor  and  Collector  of  Taxes  as  in  case  of  the 
raising  of  an  assessment.  Any  property  owner  whose  property  has 
been  re-assessed  may  appeal  to  the  Board  of  Appeals  as  in  case  of  an 
original  assessment. 

6.  The  Assessor  of  Taxes  shall  assess  all  property  which  for  any 
cause  has  not  been  rendered,  placing  such  valuation  thereon  as  he  may 
deem  just.  If  the  owners  of  such  property  are  unknown,  such  assess- 
ment may  be  made  in  the  name  "unknown." 

7.  No  irregularity  in  the  time  or  manner  of  making  or  returning 
the  city  assessment  rolls  or  the  approval  of  such  rolls  shall  invalidate 
any  assessment. 

S.  All  property,  real  and  personal,  shall  be  rendered  for  taxation 
by  the  owner  thereof  or  his  agent  as  provided  by  the  laws  of  the  State 
for  the  rendition  of  propertj^  for  assessment  by  the  county;  Provided, 
However.  That  in  making  such  renditions  the  owner  or  agent  shall  not 
be  required  to  state  the  value  of  the  real  property,  but  shall  furnish 
to  the  Assessor,  verified  by  the  oath  of  the  party  making  such  rendition. 


TULSA  CITY  CHARTER.  37 

a  full  and  complete  list  and  schedule  of  all  property,  real  and  personal, 
belonging  to  the  person.  Arm  or  corporation  in  whose  name  such 
property  is  rendered.  It  shall  be  the  duty  of  the  Assessor  to  value 
each  and  every  item  of  the  property  so  rendered  in  accordance  with 
the  fair  cash  value  estimated  at  the  price  it  would  bring  at  a  fair  vol- 
untary sale  to  be  applied  alike  to  all  taxpayers,  and  to  transmit  to  the 
Board  of  Commissioners  all  renditions  thus  made  together  with  a  state- 
ment by  him,  verified  by  his  oath,  to  the  effect  that  he  has  truly,  fairly 
and  equally  valued  all  such  property.  The  Board  of  Commissioners, 
Sitting  as  a  Board  of  Equalization  and  Appeals,  shall  revise  the  tax 
rolls,  and  it  shall  be  their  duty  to  correct  all  unequal  assessments,  and 
to  increase  or  reduce  the  valuation  fixed  by  the  Assessor  as  the  case 
may  require,  so  as  to  equalize  the  bases  and  method  of  assessment 
adopted  for  all  such  reditions.  It  shall  also  be  their  duty  to  hear  and 
fairly  determine  all  appeals  from  property  assessments  fixed  by  them 
or  under  their  authority.  It  shall  be  the  duty  of  the  Board  of  Commis- 
sioners to  adopt  such  rules  and  regulations  from  time  to  time  as  to 
them  may  appear  necessary  to  secure  complete  renditions  for  assess- 
ments of  all  taxable  property  in  the  city. 
•  The  Board  of  Commissioners  shall  cause  to  be  prepared,  as  soon 
as  practicable,  an  alphabetical  list  of  taxpayers  of  the  city,  together 
with  the  total  amount  of  property  assessed  against  each  which  list 
shall  be  preserved  in  the  office  of  the  City  Auditor  and  shall  be  ac- 
cessible to  the  public. 

9.  A  lien  is  hereby  created  on  all  property,  personal  and  real,  in 
favor  of  the  City  of  Tulsa,  for  all  taxes,  ad  valorem,  occupation  or 
otherwise.  Said  lien  shall  exist  from  August  first  in  each  year  until 
the  taxes  are  paid.  Such  lien  shall  be  prior  to  all  other  claims,  and 
no  gift,  sale,  assignment  or  transfer  of  any  kind,  or  judicial  writ  of 
any  kind,  can  ever  defeat  such  lien,  but  the  Commissioner  of  Finance 
and  Revenue  can  pursue  such  property,  and  whenever  found,  may 
seize  and  sell  enough  thereof  to  satisfy  such  taxes. 

10.  If  anyone  against  whom  a  personal  tax  is  assessed,  and  which 
is  due  and  unpaid,  whether  the  same  be  delinquent  or  not,  shall  have 
removed  out  of  the  city,  or  shall  be  about  to  remove  out 
of  the  city,  or  shall  have  removed  or  about  to  remove  his 
personal  property  out  of  the  city,  it  shall  be  the  duty  of  the  Commis- 
sioner of  Finance  and  Revenue  to  proceed  at  once  and  collect  such 
taxes  by  seizure  and  sale  of  any  personal  property  of  such  person  to 
be  found  in  the  City  of  Tulsa  or  anywhere  in  the  State  of  Oklahoma. 

11.  All  taxes  shall  be  payable  at  the  office  of  the  Commis- 
sioner of  Finance  and  Revenue  and  the  Board  of  Commissioners  shall 
have  full  power  to  sell  or  cause  to  be  sold,  all  personal  and  real  prop- 
erty for  taxes  due,  and  shall  make  all  rules  and  regulations  necessary 
for  such  purpose. 

12.  No  demand  for  taxes  shall  be  necessary,  but  it  is  hereby  made 
the  duty  of  evei-y  person  or  corporation  subject  to  taxation  to  attend 
at  the  office  of  the  Commissioner  of  Finance  and  Revenue  some  time 
between  the  first  day  of  August  and  the  first  day  of  November  in  each 


TULSA  CITY  CHARTER. 


year  and  pay  his  or  her  taxes.  If  any  taxpayer  shall  fail  to  pay  such 
taxes  before  the  first  day  of  November  after  the  same  shall  become 
due,  the  same  shall  be  delinquent  and  bear  interest  at  the  rate  of  six 
per  cent,  per  annum.  Upon  all  taxes  paid  or  collected  after  the  first 
day  of  November  the  Commissioner  of  Finance  and  Revenue  shall 
collect  from  the  delinquent  taxpayer  a  penalty  of  two  per  cent,  of  the 
total  amount  of  taxes  collected  from  or  paid  by  such  taxpayer.  On 
all  taxes  paid  or  collected  after  the  first  day  of  December  next  follow- 
ing the  time  when  such  taxes  shall  have  become  due,  the  Commissioner 
of  Finance  and  Revenue  shall  collect  a  penalty  of  four  per  cent  on  the 
total  amount  of  taxes  paid  or  collected.  On  all  taxes  paid  or  collected 
after  the  first  day  of  January  next  following  the  date  on  which  such 
taxes  shall  have  become  due,  the  Commissioner  of  Finance  and  Revenue 
shall  collect  a  penalty  of  six  per  cent,  on  the  total  amount  of  taxes 
paid  or  collected.  On  all  taxes  paid  or  collected  after  the  first  day  of 
February  next  following  the  time  at  which  such  taxes  shall  have  be- 
come due,  the  Commissioner  of  Finance  and  Revenue  shall  collect  a 
penalty  of  ten  per  cent,  on  the  total  amount  of  taxes  paid  or  collected, 
which  penalty  shall  be  cumulative  of  and  in  addition  to  the  interest 
provided  for  by  this  section  and  such  penalties  shall  be  an  obligation 
of  the  taxpayer,  and  be  secured  by  the  same  lien  and  collected  in  the 
same  manner  as  the  taxes. 

13.  The  Commissioner  of  Finance  and  Revenue  shall,  by  virtue  of 
his  tax  rolls,  have  power  and  authority  to  seize  and  levy  upon  personal 
property  and  real  estate  and  sell  the  same  to  satisfy  delinquent  taxes. 
When  he  seizes  personal  property  for  such  purposes  he  shall  keep 
the  same  at  the  expense  of  the  owner  until  the  sale  is  made,  and  shall 
give  notice  of  the  time  and  place  of  sale  of  same  by  posting  a  written 
notice  at  the  city  hall  door  and  one  at  the  court  house  in  the  City  of 
Tulsa,  at  least  ten  days  before  the  date  of  sale.  He  shall  sell  the 
same  to  the  highest  bidder  for  cash  for  all  taxes,  interest,  cost  and 
expense  of  caring  for  said  property,  and  shall  make  an  entry  in  the 
books  of  sales  of  the  amount  realized;  all  such  sales  shall  be  made  at 
any  door  of  the  City  Hall  specified  by  ordinance. 

14.  Before  sales  of  real  estate  are  made,  notice  of  the  time  and 
place  of  sale,  together  with,  as  near  as  may  be.  a  description  of  the 
property  shall  be  given  by  posting  two  notices,  one  at  the  court  house 
and  the  other  at  the  city  hall  in  the  City  of  Tulsa,  also  by  publication 
in  some  newspaper  of  the  city,  for  at  least  three  weeks,  which  shall 
contain  a  statement  of  the  amount  due  on  each  particular  piece  of 
ground;  all  such  sales  shall  be  made  at  any  door  of  the  city  hall,  speci- 
fied by  ordinance. 

15.  The  Board  of  Commissioners  shall  have  full  power  to  do,  or 
cause  to  be  done,  everything  whatsoever  necessary  to  enforce  a  prompt 
and  valid  assessment  and  collection  of  all  taxes  and  assessments  provided 
for  in  this  charter,  and  to  make  all  regulations  necessary  for  a  valid 
assessment  of  such  taxes  and  for  the  sale  of  property  for  said  taxes 
and  assessment. 

16.  The  Commissioner  of  Finance   and   Revenue   shall,   where  any 


TULSA  CITY  CHARTER. 


real  estate  has  been  sold  for  taxes,  make  and  execute  a  deed  to  the  pur- 
chaser for  the  propertysold,  which  deed  shall  be  prima  facie  evidence 
of  the  following  facts: 

First.  That  the  lot  or  lots,  or  property  conveyed,  was  or  were  sub- 
ject to  taxation  and  assessment  at  the  time  of  such  sale,  and  at  the 
time  taxes  thereon  were  levied  and  assessed,  and  that  such  taxes  were 
regularly  levied  and  assessed  in  all  respects  according  to  law. 

Second.  That  such  taxes  were  not  paid  in  whole  or  in  part  at  any 
time  beforesuch  sale  and  that  a  lien  existed  on  the  property  conveyed 
in  such  deed  for  taxes. 

Third.  That  the  real  estate  therein  conveyed  was  advertised  accord- 
ing to  law. 

Fourth.  That  the  property  conveyed  was  advertised  according  to 
law.  was  regularly  and  lawfully  sold  for  taxes  which  were  delinquent 
at  the  time  of  the  advertisement  and  sale. 

Fifth.  When  such  property  shall  have  been  sold  to  the  City  of 
Tulsa  or  any  other  purchaser,  at  such  sale,  either  for  general  or  special 
taxes,  the  title  acquired  by  the  city,  or  such  purchaser  shall  not  be 
disputed  by  any  person  whomsoever,  or  for  any  cause  whatever,  except 
upon  tender  to  said  city,  or  purchaser,  of  the  taxes  lawfully  due  on 
such  property  for  which  such  sale  was  made,  together  with  lawful  in- 
terest thereon,  and  all  accrued  penalties  and  costs,  as  provided  by  the 
city  charter  of  the  City  of  Tulsa. 

17.  A  sale  of  personal  property  for  delinquent  taxes  shall  convey 
with  it  an  absolute  title,  and  the  owner  shall  have  no  right  to  redeem 
the  same.  „ 

18.  The  city  shall  have  the  right  to  become  a  purchaser  of  prop- 
erty at  tax  sales,  and  the  Mayor  shall  attend  such  sales  for  such  purpose, 
and  may  empower  any  person  to  so  bid  on  behalf  of  the  city. 

19.  Whenever  any  real  property  is  bid  off  to  the  city,  or  to  any 
individual  for  delinquent  taxes,  the  owner  or  attorney,  or  his  agents 
may  redeem  the  same  at  any  time  within  two  years  from  day  of  sale 
by  paying  the  following  amounts: 

All  taxes  paid  or  due,  ten  per  cent  per  annum  interest 
thereon  from  the  time  they  became  delinquent,  and  two  and  one-half 
($2.50)  dollars  as  costs  on  each  piece  of  property  sold,  and  as  a  further 
penalty,  a  sum  equal  to  twenty-five  per  cent,  of  the  amount  of  the  de- 
linquent tax.  if  redeemed  in  three  months;  fifty  per  cent,  penalty  if 
redeemed  in  six  months;  seventy-five  per  cent,  penalty  if  redeemed  in 
one  year,  and  one  hundred  per  cent,  if  redeemed  thereafter  within  two 
years,  the  said  penalties  to  go  to  the  purchaser  at  tax  sales,  whether  the 
purchaser  be  the  city  or  an  individual. 

20.  All  levies  of  ad  valorem  taxes  heretofore  made  by  the  City  of 
Tulsa,  and  all  assessments  heretofore  made,  and  assessment  rolls  here- 
tofore placed  in  the  hands  of  the  City  Collector  of  Taxes  for  collection 
are  herebj'  validated  and  the  same  shall  be  legal  and  binding,  regard- 
less of  any  irregularity  that  may  exist  in  the  manner  of  making  such 
levies,  and  the  making  and  returning  of  such  assessment  rolls.       This 


TULSA  CITY  CHARTER. 


provision  shall  apply  to  all  suits  and  actions  now  pending-,  as  well   as 
those  hereafter  prosecuted. 

21.  In  any  suit  by  the  City  of  Tulsa  for  the  collection  of  any  de- 
linquent tax  where  it  shall  appear  that  the  description  of  any  property 
in  the  city  assessment  rolls  shall  be  insufficient  to  identify  such  property 
the  city  shall  have  the  right  to  set  up  in  its  pleadings  a  good  descrip- 
tion of  the  property  intended  to  be  assessed  and  to  prove  the  same,  and 
to  have  its  judgment  foreclosing  its  tax  lien  upon  the  same  and  personal 
judgment  against  the  owner  for  siJ'ch  taxes,  the  same  as  if  such  prop- 
erty were  fully  described  upon  the  assessment  rolls. 

22.  When  the  owiner  of  the  property  or  his  agen.  shall  render  any 
property  to  the  Assessor  for  assessment,  and  such  property  is  assessed 
in  accordance  with  the  description  furnished  by  such  owner  or  his  agent, 
the  sufficiency  of  such  description  shall  not  be  disputed  by  such  owner 
in  any  action  or  suit  for  the  collection  of  such  taxes;  but  the  same  shall 
be  binding  upon  such  owner,  and  shall  be  sufficient  for  all  purposes  of 
such  assessment. 

23.  The  provisions  herein  for  the  collection  of  taxes  shall  not  be 
construed  to  prevent  the  city  from  filing  suit  in  any  court  of  competent 
jurisdiction  for  the  collection  of  any  taxes  due  on  real  estate,  as  well 
as  personal  property,  and  for  the  enforcement  of  levies  for  such  taxes; 
and  the  assessment  rolls  shall  be  prima  facie  evidence  of  the  facts 
stated  in  said  rolls  and  that  all  taxes  assessed  on  such  rolls  have  been 
regularly  levied  and  assessed  in  accordance  with  the  provisions  of  this 
charter  and  of  the  law;  and  no  irregularity  in  the  manner  of  levying 
or  assessing  taxes  shall  invalidate  the  same  unless  it  appears  from  af- 
firmative proof  that  such  irregularity  operated  injuriously  to  the  tax- 
payer attempting  to  avoid  the  payment  of  such  tax.  Nothing  in  this 
section  shall  prevent  the  Board  of  Commissioners  from  hearing  all  com- 
plaints as  to  erroneous  and  unjust  assessments,  and  said  Board  of  Com- 
missioners is  hereby  empowered  and  it  is  hereby  made  their  duty  to 
hear  such  complaints,  and  said  Board  shall  have  power  within  one  year 
after  this  act  goes  into  effect,  and  not  thereafter  to  readjust,  compromise 
and  settle  all  disputes  with  reference  to  the  legality  or  validity  of  taxes 
claimed  to  be  due  by  any  person  or  persons  upon  any  real  estate  within 
the  city.  They  may  reduce  former  assessments  on  satisfactory  proof 
that  the  same  was  excessive;  such  settlement  when  certified  to  by  the 
Board  of  Commissioners  to  be  filed  with  the  Commissioner  of  Finance 
and  Revenue,  who  shall  accept  payment  of  taxes  in  accordance  there- 
with and  thereafter  a  tax  receipt  for  the  amount  of  said  taxes  in  full  for 
all  such  years  as  aforesaid  shall  be  accepted  in  full  satisfaction  for  said 
taxes. 


ARTICLE   VII. 


PUBLIC    UTILITIES. 
1.     No  street,   alley,   or  public  highway  in   the   City  of   Tulsa   shall 
ever  be  used  by  any  person,  firm  or  corporation  for  the  construction  or 
operation  of  a  street  railway,  telegraph  line,  telephone  system,   or  any 


TULSA  CITY  CHARTER.  41 

other  business  of  a  public  or  quasi  public  nature,  without  obtaining 
authority  therefor  under  a  franchise  granted  by  the  Board  of  Commis- 
sioners, in  accordance  with  the  provisions  of  this  charter.  It  shall  be 
the  duty  of  the  Board  of  Commissioners  and  the  City  Attorney  to  bring 
suit  to  enforce  this  provision  against  any  person,  firm  or  corporation 
violating  the  terms  thereof,  for  the  purpose  of  ejecting  the  offender 
from  the  occupancy  of  such  property,  and  to  recover  damages  for  the 
illegal  use  thereof. 

2.  The  Board  of  Commissioners  shall  have  power,  by  ordinance,  to 
provide  for  and  construct  a  general  sewer  and  drainage  system,  to  be 
divided  into  pui)Iic  and  private  sewers,  and  drains,  and  to  be  con- 
structed, maintained  and  regulated  in  such  manner  and  out  of  such 
material  as  the  Board  of  Commissioners  may  prescribe.  Sewers  may 
be  established  as  the  Board  of  Commissioners  may  direct,  and  there 
may  be  extension  of  branches  of  sewers  already  constructed  or  entirely 
new  throughout  as  may  be  deemed  expedient.  The  Board  of  Commis- 
sionei-s  may.  if  necessary,  levy  a  tax  on  all  taxable  property  in  the  entire 
city,  to  pay  for  the  construtction  and  repairs  of  such  public  sewers 
which  shall  be  called  a  "special  sewer  tax,"  and  shall  be  used  solely 
for  such  purpose.  No  public  sewer:  shall  be  run  diagonally  through 
private  property  when  it  is  practicable,  without  injury  to  said  sewer, 
to  construct  it  parallel  with  one  of  the  exterior  lines  of  such  property. 
No  public  sewer  shall  be  constructed  through  private  jiropetrx-  when 
it  is  practicable  to  construct  it  along  or  through  a  street  or  I'ublic  high- 
way. 

3.  The  Board  of  Commissioners  shall  have  the  power  to  appro- 
priate private  property  for  public  purposes,  whenever  the  Board  of 
Commissioners  of  said  city  shall  deem  it  necessary  to  take  any  private 
property  either  within  or  without  the  city  limits  for  any  of  the  follow- 
ing purposes,  to-wit: 

In  order  to  open,  extend,  change  or  widen  any  public  street,  avenue 
or  alley,  or  for  the  construction  of  water  mains  or  sewers,  either  within 
or  without  the  city  limits,  or  for  the  improvement  and  enlargement  of 
Its  water  works,  including  riparian  rights,  water  sheds,  reservoirs,  etc., 
parks,  squares,  and  pleasure  grounds,  public  wharves  and  landing  places 
for  steamers  and  other  crafts  or  for  the  straightening  or  improving  of 
the  channel  of  any  stream,  branch  or  drain  such  property  may  be  taken 
for  such  purposes  by  making  just  compensation  to  the  owner  thereof. 
If  the  amount  of  such  compensation  shall  not  be  agreed  upon,  it  shall 
be  the  duty  of  the  Board  of  Commissioners  to  cause  to  be  stated  in 
writing  the  real  estate  or  property  sought  to  be  taken,  the  name  of  the 
owners  thereof,  and  his  residence  if  known,  and  the  purpose  for  which 
said  property  is  sought  to  be  taken,  and  file  such  statement  with  the 
judge  of  the  District  Court  of  Tulsa  County.  Upon  the  filing  of  such 
statement,  it  shall  be  the  duty  of  such  judge,  in  term  time  or  vacation, 
to  appoint  three  disinterested  freeholders  and  qualified  voters  of  the 
County  of  Tulsa  as  special  commissioners  to  assess  the  damages  to 
accrue  to  the  owners  by  reason  of  such  condemnation.  The  special 
commissioners  so  appointed,  shall,  in  their  proceedings,  be  governed  and 


42  TULSA  CITY  CHARTER. 

controlled  by  the  State  laws  in  force  in  reference  to  the  condemnation 
of  right  of  way  for  railroad  companies,  and  the  assessment  of  damages 
therefor,  the  City  of  Tulsa  occupying  the  position  of  the  railroad  com- 
pany. In  estimating  the  damages  to  such  property  the  jury  shall  not 
only  estimate  the  value  of  the  land  so  taken  but  shall  also  estimate  the 
damage  done  to  the  remainder  of  any  land  from  which  it  is  taken  by 
reason  of  such  taking  and  use;  Provided.  However.  That  in  case  of  the 
condemnation  of  land  for  the  opening,  extending  or  widening  of  any 
street,  or  for  straightening  or  improving  the  channel  of  any  stream, 
branch  or  drain  within  the  corporate  limits  of  said  city,  the  Board  of 
Commissioners  may,  by  ordinance,  provide  that  the  cost  of  such  prop- 
erty shall  be  paid  by  the  property  owners  owning  property  in  the  im- 
mediate vicinity  thereof  and  benefiitted  thereby.,In  such  cases  the  City 
Engineer  shall,  under  the  direction  of  the  special  commissioners  ap- 
pointed, make  a  plat  of  the  property  which  in  the  judgment  of  said 
special  commissioners  will  be  specifically  benefitted  and  enhanced  in 
value  by  the  making  of  such  improvement,  whereupon  such  special  com- 
missioners shall  issue  notice  to  the  owners  of  such  property  to  appear 
before  them  at  a  time  and  place  to  be  designated  in  such  notices  to 
show  cause,  if  any  they  have,  why  such  property  should  not  be  assess- 
ed to  pay  the  cost  of  the  property  so  condemmed.  Such  notices  may  be 
served  by  any  police  officer  in  the  City  of  Tulsa,  or  any  other  officer  of 
the  State  oE  Oklahoma,  County  of  Tulsa,  authorized  by  the  laws  of  said 
State  to  serve  process  of  the  courts  of  said  State;  and  in  all  cases  where 
such  owner  or  owners,  or  any  of  them,  are  absent  from  said  city  and 
county,  upon  the  agent  of  such  absent  owner,  if  such  owner  shall  have 
an  agent  in  said  city  or  county,  and  in  case  such  absent  owner  shall 
not  have  such  agent,  or  in  case  the  owner  of  such  property  is  unknown, 
then  such  notice  shall  be  published  for  two  days  consecutively  in  some 
newspaper  published  in  the  City  of  Tulsa;  such  notice  shall  be  given 
five  full  days  before  the  final  determination  by  the  special  commissioners 
of  the  amount  of  assessment  against  the  owners  of  such  property  for 
such  improvement;  said  special  commissioners  shall  determine  the  value 
of  the  property  desired  to  be  taken,  belonging  to  the  different  owners 
thereof,  if  there  be  more  than  one  such  owner,  and  if  there  be  only  one 
such  owner,  the  value  of  the  same,  and  shall  also  find  how  much  of  the 
cost  thereof  shall  be  assessed  against  the  owner  of  each  lot  or  subdi- 
vision of  the  land  in  the  immediate  vicinity  thereof  specially  benefited 
and  enhanced  in  value  by  the  making  of  such  improvement,  and  shall 
report  all  said  matters  to  the  Board  of  Commissioners  of  the  City  of 
Tulsa,  showing  a  description  of  the  property  taken  and  condemned  and 
the  name  of  the  owner  thereof,  if  known,  and  if  the  owner  of  any  such 
property  is  unknown,  shall  state  said  fact,  or  if  there  be  more  than  one 
owner  of  such  property,  then  the  description  of  the  property  of  each 
said  owner,  if  known,  and  if  unknown,  shall  state  such  fact  and  the 
value  of  the  property  of  each  such  owner  so  condemned,  and  also  the 
description  and  name  of  the  owner  of  each  subdivision  of  property  if 
known,  and  if  unknown,  shall  so  state,  describing  such  property  so  as 
to   Identify  it   against   which   special   assessment   should,    in .  the  judg- 


TULSA  CITY  CHARTER.  43 

ment  of  said  board,  be  made  to  pay  for  such  property  condemned,  such 
apportionment  shall  be  made  according  to  the  benefits  that  will  in  the 
judgment  of  said  special  commissioners,  be  received  by  or  accrue  to  such 
lot  or  subdivision  of  property  by  reason  of  the  making  of  such  improve- 
ments, and  such  report  shall  be  filed  with  the  City  Auditor  for  the  con- 
sideration of  the  Board  of  Commissioners.  The  Board  of  Commission- 
ers shall,  as  soon  as  practicable  after  the  filing  of  such  report,  consider 
the  same,  and  if  the  same,  is  approved  by  a  majority  vote  of  the  mem- 
bers present  at  the  meeting  at  which  it  considers  the  same,  the  same 
shall  be  final  and  binding  upon  the  city  and  all  parties  at  interest  there- 
in. If  the  Board  of  Commissioners  shall  approve  said  report,  it  shall 
levy  a  special  tax  against  the  property  shown  by  said  report  to  be  bene- 
fitted and  enhanced  in  value  by  such  improvement,  according  to  the 
recommendation  made  in  such  report;  such  taxes  shall  be  a  lien  on  the 
property  against  which  the  same  shall  be  assessed,  from  the  date  of 
such  levy,  and  shall  become  due  and  delinquent  at  the  times  provided 
in  the  ordinance  levying  the  same.  If  the  same  shall  not  be  paid  as 
provided  in  such  ordinance,  the  Commissioner  of  Finance  and  Revenue 
shall  proceed  to  collect  same,  as  provided  in  the  ordinance,  levying 
same  by  the  advertisement  and  sale  as  provided  in  the  city  charter  in 
cases  of  the  sale  of  such  property  for  delinquent  ad  valorem  taxes: 
Provided,  That  it  shall  not  be  necessary  to  make  such  sales  at  the  same 
time  as  provided  for  in  the  sale  of  property  for  -delinquent  ad  valorem 
taxes.  The  special  commissioners  appointed  under  the  provisions  of 
this  section  shall  have  the  same  power  to  issue  writs  and  subpoenas 
and  compel  the  attendance  of  witnesses,  etc.,  as  commissioners  appoint- 
ed for  the  condemnation  of  land,  etc.,  for  the  right  of  way  of  railroads 
under  the  general  laws  of  the  State  of  Oklahoma;  shall  receive 
the  same  compensation  for  their  services  and  shall  be  governed  in  all 
respects  not  herein  otherwise  provided  by  general  laws  in  all  matters 
relating  to  their  procedui;p.  The  compensation  for  the  land  and  property 
taken  or  damaged  under  the  provisions  of  this  section  shall  be  paid  to 
the  owner  of  such  property  so  taken  or  damaged,  or  secured  by  a  de- 
posit set  apart  in  money  in  the  hands  of  the  City  Treasurer,  subject  to 
the  order  of  such  owner,  before  such  property  is  taken  or  damaged; 
Provided,  The  city  may  make  such  payment  out  of  the  general  fund,  if 
the  Board  of  Commissioners  shall  deem  it  advisable,  and  when  the 
amounts  assessed  against  the  property  specially  benefited  as  is  herein 
provided  are  collected,  may  repay  to  the  said  general  fund  the  amount 
so  advanced,  and  such  payment  shall  not  be  a  waiver  of  the  city's  rights 
to   make   such   collection. 

4.  The  Board  of  Commissioners  shall  have  power  to  cause  tele- 
graph, telephone  and  electric  light  companies  to  change  the  location  of 
their  poles;  also  to  cause  all  erected  poles  not  in  use  to  be  taken  down 
and  removed.  If  such  companies  shall  fail  to  do  such  things  after 
being  notified  the  cit.v  may  have  the  same  done  at  the  expense  of  such 
companies..  The  Board  of  Commissioners  shall  also  have  the  power  to 
require  telegraph,  telephone  companies  and  electric  light  companies  to 


44  TULSA  CITY  CHARTER. 

run  their  wires  under  the  ground,  if,  in  the  wisdom  of  the  board,  public 
interest  should  so  demand.  ,  , 

5.  Any  person,  firm  or  corporation  holding  any  franchise  hereto- 
fore or  hereafter  granted  by  the  city,  authorizing  the  use  or  occupation 
for  any  purpose  of  any  street,  avenue  or  alley  in  the  city,  or  any  por- 
tion thereof,  and  requiring  or  binding  the  person,  firm  or  corporation 
holding  such  franchise  to  keep  any  portion  of  such  street,  avenue  or 
alley  so  used  or  occupied,  or  the  pavement  th'erof  in  repair,  or  to  main- 
tain the  same  in  condition  for  public  travel;  or  any  person,  firm  or  cor- 
poration who,  under  any  contract  heretofore  or  hereafter  made  with 
the  city  for  the  construction,  re-construction  or  repair  of  the  pavement 
or  other  improvement  of  any  avenue,  street  or  alley,  or  any  portion 
thereof,  shall  be  or  is  bound  to  keep  the  same  in  repair  or  in  good  con- 
dition for  public  travel,  or  to  do  or  to  perform  any  duty  relating  to  the 
maintenance  or  repair  of  such  pavement  or  other  improvement,  for 
any  term  of  years  mentiomed  in  such  contract,  who  shall  be  served  with 
a  written  notice  signed  by  any  owner  or  owners  of  property  abutting 
such  street,  avenue  or  alley,  or  such  portion  thereof,  such  notice  to  be 
served  by  delivering  in  person  or  by  mailing  same  by  registered  mail 
to  such  person,  firm  or  corporation,  or  any  officer  or  agent  thereof,  at 
the  postoffice  address  of  his  residence,  and  who  shall  fail  or  refuse  to 
repair  or  place  in  condition  for  travel  according  to  the  terms  or  re-_ 
quirements  of  such  franchise  or  contract,  the  portion  of  such  avenue, 
street  or  alley  mentioned  in  such  notice  which  such  per- 
son, firm  or  corijoration  is  bound  to  repair  or  maintain, 
within  ninety  days  after  date  of  the  sen-ice  of  such  notice,  shall  forfeit 
to  the  city  the  sum  of  fifty  dollars  for  each  day  after  the  expiration  of 
said  ninety  days  until  said  avenue,  street  or  aAley  or  portion  thereof 
mentioned  in  said  notice,  and  which  such  person,  firm  or  corporation 
is  bound  to  repair  or  maintain,  is  repaired  and  put  in  good  condition 
for  public  travel,  as  required  by  the  terms  of  such  franchise  or  contract, 
or  until  the  requirements  and  terms  of  such  contract  are  complied  with, 
such  sum  or  sums  to  be  recoverable  at  the  suit  of  the  city  or  at  the 
suit  of  any  ow^ner  of  property  abutting  on  said  avenue,  street  or  alley, 
or  portion  tbereof,  to  the  use  of  the  city,  in  any  court  of  competent 
jurisdiction.  The  penalty  herein  provided  shall  be  in  addition  to  and 
cumulative  of  any  other  penalty,  condition  or  requirement  contained  in 
such  franchise  or  contract.  In  any  suit  brought  under  this  section  any 
judgment  therein  recovered  may  be  made  a  lien  vipon  any  sum  held  by 
or  deposited  with  the  city,  or  in  trust,  to  guarantee  or  secure  the  per- 
formance of  the  conditions  of  any  such  franchise  or  contract. 

6.  Whenever  any  franchise  to  any  person,  firm  or  corporation  has 
heretofore  been  made,  or  shall  hereafter  be  made  or  granted  by  the 
Board  of  Commissioners  for  the  use  of  any  street  of  the  city  for  the 
purpose  or  for  the  exercise  of  any  public  privilege  or  advantage,  and 
the  said  grant  has  been  or  shall  hereafter  be  made  upon  any  conditions 
named  in  said  grant  or  things  to  be  performed  by  the  said  grantee, 
and  such  grant  shall  contain  no  condition  of  forfeiture,  yet  the  breach 
of  anj'  condition  so  named  in  any  such  grant,  or  any  failure  on  the  part 


TULSA  CITY  CHARTER.  45 

of  said  grantee  to  promptly  pay  any  tax  whatever  assessed  by  the  city, 
shall  be  or  cause  a  forfeiture  of  the  said  franchise  or  privilege  so  grant- 
ed, as  if  expressly  stipulated  for  therein,  and  whenever  any  such  grant 
has  been  or  shall  hereafter  be  made  in  consideration  of  the  payment  of 
any  bonus,  the  said  paj^ment  shall  be  secured  by  a  prior  lien  on  all 
property  of  said  grantee,  within  the  city,  whether  expressly  stipulated 
for  or  mot,  and  any  failure  to  properly  pay  such  bonus  according  to  the 
terms  of  the  grant,  or  any  failure  to  pay  any  tax  of  any  kind,  shall  be 
a  cause  of  forfeiture  of  the  franchise  or  privilege  granted,  whether  such 
forefiture  be  expressly  provided  for  or  not. 


ARTICLE    VIII. 


ORDINANCES. 

1.  Every  ordinance  passed  by  the  Board  of  Commissioners  shall  be 
enrolled  by  the  City  Auditor  or  such  other  officer  as  may  be  selected  by 
the  board  v/ithin  the  next  succeeding  five  days.  Sundays  excepted,  or  as 
soon  thereafter  as  practicable.  It  shall  then  be  carefully  compared 
with  the  ordinance  and  all  amendments,  if  any,  by  the  City  Attorney 
and  at  least  one  member  of  the  Board  of  Commissioners  who  may  be 
charged  with  that  duty  by  the  Board  of  Commissioners.  If  errors  exist, 
they  shall  be  corrected.  If  no  errors  exist,  or  if  found,  then, 
after  their  correction,  the  Commissioners  and  City  Attorney 
making  the  correction  shall  endorse  on  the  margin  the  words 
"correctly  enrolled."  and  give  the  date  thereof  and  subscribe  his  name 
thereto.  Every  ordinance  imposing  any  penaltj-,  fine,  imprisonment,  or 
forfeiture  for  a  violation  of  its  provisions,  shall,  after  the  passage  there- 
of, be  published  in  every  issue  of  the  official  newspaper  for  three  days 
successively  (excluding  Sundays),  and  proof  of  such  publication  by  the 
printer  or  publishers  of  such  newspaper,  and  before  any  officer  author- 
ized to  administer  oaths  and  filed  with  the  City  Auditor,  or  any  other 
competent  proof  of  such  publication  shall,  in  all  courts  be  conclusive 
evidence  of  the  legal  publication  and  promulgation  of  such  ordinances: 
Provided,  That  amendments  and  corrections  made  in  digesting  the  re- 
vision for  publication  in  book  form  need  not  be  so  published.  All 
ordinances,  except  as  above  provided,  shall  be  published  at  least  onece  in 
some  newspaper  in  the  City  of  Tulsa,  and  shall  take  effect  as  provided 
in  this  .charter.  All  ordinances  of  the  city,  when  printed  and  published 
and  bearing  on  the  title  page  thereof.  "Ordained  and  published  by  the 
Board  of  Commissioners  of  the  City  of  Tulsa,"  or  words  of  like  import, 
shall  be  prima  facie  evidence  of  their  authority,  and  shall  be  admitted 
and  received  in  all   courts   and   places   without   further   proof. 

2.  The  style  of  all  ordinances  shall  be  "Be  is  ordained  by  the  Board 
of  Commissioners  of  the  City  of  Tulsa,"  but  such  caption  may  be  omit- 
ted when  said  ordinances  are  published  in  book  form  or  are  revised 
and  digested  under  the  order  of  the  board. 

3.  The  Board  of  Commissioners  shall  have  power  to  cause  the  or- 
dinances of  the  citv  to  be  printed  in  code  form  and  shall  have  the  same 


46  TULSA  CITY   CHARTER. 

rearranged  and  digested  as  often  as  to  the  board  may  seem  advisable. 

4.  All  ordinances  of  a  general  nature  shall  be  published  at  least 
once  in  some  newspaper  in  the  City  of  Tulsa. 

5.  All  ordinances,  resolutions,  rules  and  regulations  now  in  force 
in  the  City  of  Tulsa,  and  not  in  conflict  herewith,  shall  remain  in  force 
under  this  act  until  altered,  amended  or  repealed  by  the  Board  of  Com- 
missioners, after  this  act  shall  take  effect. 

6.  All  ordinances  of  the  City  of  Tulsa  which  may  be  invalid  or  de- 
fective, but  which  if  passed  under  the  provisions  of  this  charter  would 
be  valid,  are  hereby  validated  as  if  passed  under  the  provisions  of  this 
charter. 


ARTICLE  IX. 


STREET  AND  SIDEWALK  IMPROVEMENTS. 
1.  When  the  Board  of  Commissioners  shall  deem  it  necessary  to 
grade,  pave,  macadamize,  gutter,  drain  or  otherwise  improve  any  street, 
avenue  or  alley  or  any  part  thereof,  within  the  limits  of  the  city  for 
which  a  special  tax  is  to  be  levied,  as  herein  provided,  said  board  shall 
by  resolution  declare  such  work  or  improvement  necessary  to  be  done, 
which  resolution  shall  be  adopted  by  a  majority  vote  of  the  board,  and 
the  passage  of  such  resolution  shall  be  conclusive  of  the  public  necessi- 
ty therefor,  and  the  benefit  thereof,  and  no  notice  of  such  action  by  the 
board  shall  be  requisite  to  its  validity.  Such  resolution  shall,  in  general 
terms,  set  forth  the  nature  and  extent  of  the  improvement  or  improve- 
ments to  be  made,  the  section  or  sections  of  any  public  street,  avenue 
or  alley  to  be  improved,  the  material  or  materials  with  which  the  im- 
provements are  to  be  constructed  and  the  method  or  methods  under 
which  the  costs  of  such  improvement  are  to  be  paid.  Such  resolution 
may  specify  that  such  improvements  may,  at  the  election  of  the  board 
be  constructed  from  different  material  and  may  specify  different  or  alter- 
native methods  of  making  such  improvements,  and  providing  for  the  pay- 
ment of  the  costs  thereof.  Upon  the  passage  of  such  resolution  it  shall 
be  the  duty  of  the  city  engineer  to  forthwith  prepare  specifications  for 
such  improvement,  which  specifications  shall  embrace  the  different  ma- 
terials or  different  plans  or  methods,  under  which  said  improvements  or 
part  thereof  are  to  be  constructed  or  paid  for,  if  such  different  materials 
or  alternative  plans  or  methods  or  construction  or  payment  are  specified 
in  such  resolution;  and  such  specifications  shall  also  describe  the  char- 
acter of  bond  or  bonds  required  of  the  successful  bidder  for  the  construc- 
tion of  such  improvement  and  the  maintenance  thereafter,  as  herein 
provided.  When  such  specifications  have  been  prepared  they  shall  be 
submitted  to  the  Board  of  Commissioners  for  its  approval.  The  board 
shall  have  power  to  reqpire  of  the  contractor  or  contractors  to  whom  the 
work  may  be  let,  a  bond  for  the  faithful  performance  of  the  contract 
and  the  maintenance  of  the  work  in  good  condition  at  the  cost  of  the 
contractor  for  a  term  not  less  than  five  years  from  the  completion  there- 
of, and  for  the  maintenance  thereof  by  the  contractor.  The  bonds  re- 
quired by  the  Board  of  Commissioners  to  be  executed  by  the  contractor 


TULSA  CITY  CHARTER.  47 

shall  be  executed  by  such  contractors  to  whom  the  work  may  be  let 
tog-ether  with  one  corporate  surety  acceptable  to  said  board  which  shall 
be  a  surety  company  authorized  to  do  business  within  the  State  of 
Oklahoma. 

2.  The  Board  of  Commissioners  shall  have  powier  to  cause  side- 
walks, curbs  and  gutters  to  be  constructed,  re-constructed  or  repaired 
under  and  by  virture  of  the  terms  of  this  article  and  the  various  sub- 
divisions thereof,  either  separate  or  together  with  other  improvements; 
Provided,  That  the  costs  of  constructing,  re-constructing  or  repairing 
sidewalks  shall  be  borne  entirely  by  the  owners  of  property  abutting 
upon  said  sidewalks;  and,  Provided  Further,  That  the  right  of  the  Board 
to  order  the  construction,  re-construction  or  repairing  of  such  side- 
walks, curbs  and  gutters  shall  be  exclusive  of,  and  in  addition  to  the 
powers  in  this  charter  conferred  upon  the  Board  of  Commissioners  to 
order  such  improvements. 

2.  The  Board  of  Commissioners  is  hereby  empowered  to  establish 
and  change  the  grade  of  all  streets,  avenues,  alleys  or  other  public  places 
in  the  city,  or  part  or  section  thereof,  whenever  in  their  judgment  the 
public  convenience  may  require  such  change  of  grade;  Provided,  That 
no  material  change  of  the  permanent  established  grade  shall  be  made 
without  making  due  compensation  to  the  owners  of  abbutting  jjroperty, 
having  permanent  improvements  erected  thereon,  with  reference  to  the 
previous  legally  established  grade,  and  the  Board  of  Commissioners 
shall  prescribe,  by  ordinance,  the  method  of  ascertaining  the  compensa- 
^tion  due  to  any  such  property  owner  whose  property  is  affected  by  such 
material  change  of  street  grade,  and  the  city  shall  pay  to  such  owner 
such  compensation  so  ascertained. 

4.  The  costs  of  grading,  paving,  curbing  and  guttering  any  street, 
avenue  or  alley  may  be  paid  in  part  by  the  city  or  in  part  by  the  own- 
ers of  property  benefited  by  such  improvement  and  abutting  upon  the 
property,  street  or  alley  or  portion  thereof  ordered  to  be  improved,  and 
any  resolution  or  ordinance  passed  and  adopted  by  the  Board  of  Com- 
missioners declaring  the  necessity  for  such  construction  shall  provide 
what  proportionate  part,  if  any,  of  the  costs  of  such  improvement  shall 
be  paid  by  the  city,  and  the  proportion  of  the  costs  that  shall  be  borne 
by  the  owners  of  property  abutting  on  such  street,  or  alley  or  part  of 
street  or  alley  so  ordered  to  be  made;  Provided,  That  when  any  person, 
firm  or  corporation  owns  any  railroad  or  street  railroad  or  railroad 
switch  of  any  kind  on  such  street  or  alley  or  portion  thereof  ordered  to 
be  improved,  such  person,  firm  or  corporation  shall  pay  the  whole  costs 
of  such  improvement  between  the  rails  and  tracks,  and  for  two  feet  on 
each  side  of  the  rails  of  such  railroad  or  street  railroad,  and  the  city 
and  abutting  property  owners  shall  be  relieved  of  the  part  of  the  costs 
to  be  paid  by  such  road.  The  pro  rata  share  of  the  cost  of  such  im- 
provement payable  under  thie  terms  hereof  by  any  railroad  or  street 
railroad  or  the  owners  thereof,  together  with  all  costs  of  collecting  the 
same,  shall  be  a  special  tax  against,  and  secured  by  a  lien  upon  the 
roadbed,  ties,  rails,  fixtures,  rights  and  franchises  of  such  railroad  or 
street  railroad  and  the  owners  thereof,  and  whenever  a  contract  shall 


48  TULSA  CITY  CHARTER. 

be  let  for  any  such  improvement  the  Board  of  Commissioners  shall  levy 
a  special  tax  upon  the  railroad,  ties,  rails,  fixtures,  rights  and  fran- 
chises of  such  railroad  or  street  railroad,  for  the  pro  rata  share  due 
from  such  road,  for  improvement  between  their  tracks  and  rails  and 
two  feet  on  each  side  thereof.  Said  tax  shall  be  levied  at  or  after  the 
time  such  contract  is  let  or  executed  and  shall  become  due  and  delin- 
quent as  the  ordinance  levying  the  same  may  specify,  and  shall  be  a 
lien  from  the  time  of  levying  and  the  proceeds  thereof  shall  be  used  for 
the  payment  of  the  costs  of  such  improvement.  If  said  taxes  be  not 
paid  as  provided  for  by  ordinance,  then  collecteion  shall  be  enforced  as 
the  collection  of  other  taxes  by  advertisement  and  sale  of  the  property, 
rights  and  franchises  levied  upon;  Provided,  It  shall  not  be  necessary 
to  sell  at  the  samie  time  as  for  delinquent  ad  valorem  taxes.  At  any 
such  sale  the  city  tax  collecter  or  such  other  officers  as  shall  be  desig- 
nated by  the  board  shall  execute  to  the  purchaser  a  deed  similar  to  the 
one  executed  when  the  property  is  sold  for  ad  valorem  taxes.  Such  as- 
sessmient  and  lien  may  also  be  enforced  by  suit  brought  in  any  court 
having  jurisdiction  thereof.  The  lien  provided  for  shall  be  a  first  and 
prior  lien  paramount  to  all  encumbrances  except  taxes,  upon  the  road- 
bed, ties,  rails,  fixtures,  rights  and  franchises  of  this  person,  firm  or 
corporation  or  company  owning  the  railroad  or  street  railroads  afore- 
said. 

Provided  Further,  That  when  any  street,  avenue  or  alley  is  oixlered 
graded,  paved,  curbed  or  guttered  as  herein  provided  any  person,  firm 
or  corporation  having  right  of  way  or  operating  a  railroad  intersecting^ 
or  crossing  such  street,  avenue  or  alley  so  ordered  improved,  shall  bear 
the  entire  expense  of  grading,  paving,  curbing  and  guttering  and  laying 
sidewalks  over  and  across  their  tracks  and  right  of  way  for  the  full 
width  of  such  right  of  way. 

5.  When  specifications  have  been  adopted  by  the  board  for  con- 
templated improvements,  provided  for  by  the  city  charter,  it  shall  be 
the  duty  of  the  City  Auditor  or  such  other  officer  as  shall  be  designated 
by  the  Board  of  Commissioners  to  at  once  advertise  for  sealed  bids  for 
the  construction  of  such  improvements,  in  accordanoe  with  the  specifi- 
cations adopted  therefor.  Such  advertisement  shall  be  inserted  in  a 
daily  paper  of  general  circulation  in  the  City  of  Tulsa  and  shall  state 
the  time  within  which  bids  may  be  received  as  prescribed  by  the  board, 
which  shall  be  not  less  than  ten  days  nor  more  than  fifteen  days  from 
the  insertion  of  said  advertisement.  Bids  shall  be  filed  with  the  City 
Auditor  or  such  other  officer  as  the  board  shall  designate  and  shall  be 
opened  and  read  in  public  meeting  of  the  Board  of  Commissioners.  The 
board  shall  have  the  right  to  accept  such  bids  as  it  shall  deem  most 
advantageous  to  the  city  and  the  owners  of  the  property  abutting  on  the 
public  street  or  alley  named,  to  be  improved,  or  may  reject  any  and  all 
bids;  and  where  any  improvement  is  ordered  on  different  specifications, 
and  for  the  construction  of  work  or  part  thereof,  with  different  material, 
and  under  different  plans  or  methods  of  construction,  or  payment  for 
such  improvement,  the  board  shall  have  full  power  after  opening  bids, 
to  select  such  methods,  plans  or  materials  for  making  such  improve- 


TULSA  CITY  CHARTER.  49 

ments  or  any  part  thereof,  as  it  may  deem  best  and  to  let  the  work  to 
such  bidder  and  upon  such  bid  as  it  may  select,  subject  to  the  terms 
thereof.  No  bid  shall  be  amended,  revised  or  changed  after  being  filed. 
All  bids  shall  be  accompanied  by  a  certified  check  for  five  per  cent, 
of  the  amount  of  such  bid  as  a  forfeit,  in  case  of  failure  of  the  bidder 
or  bidders,  if  successful  in  securing  the  work  bid  for,  to  enter  into  a 
contract  and  bond  as  required  by  this  charter,  for  the  performance  of 
such  work.  When  bids  for  such  improvements  have  been  accepted  by 
the  board  the  city  shall  enter  into  contract  with  the  contractor  or  con- 
contractors,  to  whom  the  work  has  been  let,  for  the  performance  there- 
of, which  contract  shall  be  executed  in  the  name  of  the  city  by  its  Mayor 
and  attested  by  the  City  Auditor  or  such  other  officer  as  may  be  desig- 
nated by  the  board,  with  the  corporate  seal.  The  contractor  or  con- 
tractors to  whom  such  work  has  been  let,  shall  execute  bond  or  bonds 
as  may  be  required  by  the  city  board  and  as  herein  provided.  Said 
bond  or  bonds,  to  be  approved  by  the  board  if  satisfactory. ' 

6.  After  excluding  the  costs  of  making  any  improvements  between 
and  two  feet  on  each  side  of  the  track  and  rails  of  railroads  or  street 
railroads,  and  the  entire  cost  of  any  improvements  crossing  the  right 
of  way  of  any  railroad,  which  costs  are  to  be  assessed  against,  and  whol- 
ly paid  by  the  owners  of  such  railroads,  as  herein  provided,  and  subject 
to  the  terms  hereof,  the  City  of  Tulsa  acting  by  its  Board  of  Commis- 
sioners shall  have  power  to  assess  the  whole  costs  of  construction,  re- 
construction and  repairing  anj'  sidewalks,  curbing,  guttering  and  paving 
any  street,  avenue  or  alley,  or  making  any  other  improvements  ordered 
under  the  terms  hereof,  against  the  owners  of  property  abutting  upon 
the  street,  avenue  or  alley  or  part  or  section  thereof  upon  which  such 
improvements  are  to  be  constructed,  and  who  are  specially  benefited 
thereby,  and  shall  have  the  power  to  fix  a  lien  against  such  property 
to  secure  the  payment  of  the  portion  of  such  costs  assessed  against  the 
owners  of  such  property  and  in  apportioning  the  costs  of  such  improve- 
ments against  abutting  property  owners,  each  quarter  block  shall  be 
charged  with  its  due  proportion  of  paving,  both  the  front  and  side  streets 
on  such  block,  and  the  alley  or  alleys  therein,  together  with  the  area 
formed  by  street  intersection  and  alley  crossing,  which  cost  shall  be  ap- 
portioned among  the  lots  or  sub-divisions  of  such  quarter  blocks,  accord- 
ing to  the  benefit  to  each  lot  or  parcel.  If  any  portion  of  the  abutting 
property  shall  not  be  platted  into  lots  or  blacks  the  Board  of  Commis- 
sioners shall  include  such  ground  in  proper  quarter  block  districts,  for 
the  purpose  of  appraisement  and  assessment  as  herein  provided.  Pro- 
vided that  in  mo  event  shall  such  costs  be  assessed  against  such  owners 
or  their  property,  or  liability  therefor,  finally  determined,  until  after  the 
hearing  herein  provided  for  and  after  the  adjustment  of  equities  be- 
tween such  owners;  and  provided  further,  that  the  costs  assessed  against 
any  property  shall  be  in  proportion  to  the  frontage  of  the  property  of 
each  owner  to  the  whole  frontage  of  property  in  such  quarter  block  so 
ordered  to  be  improved.  Provided,  that  if  the  application  of  this  rule 
would,  in  the  opinion  of  the  board,  in  particular  cases,  be  unjust  or  un- 
equal it  shall  be  the  duty  of  the  board  to  assess  and  apportion  said  costs 


50  TULSA  CITY  CHARTER. 

in  such  proportion  .as  it  may  deem  just  and  equitable,  having  in  view 
the  special  benefits  in  enhanced  value  to  be  received  by  each  owner  of 
such  property,  and  the  equities  of  such  owners  and  the  adjustment  of 
such  apportionment,  so  as  to  produce  a  substantial  equality  of  benefits 
received  by,  and  burdens  imposed  upon  each  owner.  The  board  shall 
also  have  power  to  provide  that  the  proportion  of  the  said  costs  which 
may  be  assessed  against  the  said  owners  and  their  property  shall  bear 
interest  at  a  definite  rate,  not  to  exceed  seven  per  cent,  per  annum, 
when  the  payment  thereof  is  deferred,  and  shall  have  the  power  to  in- 
clude in  any  assessment  which  may  be  made  against  such  owners  and 
their  property,  reasonable  costs  of  collection,  where  such  costs  are  in- 
curred, and  reasonable  attorney's  fees,  where  attorney's  fees  are  incurred. 
7.  The  contract  or  contracts  for  such  improvements  and  the  bond 
or  bonds  having  been  executed  and  approved  by  the  board  it  shall  be 
the  duty  of  the  city  engineer  to  at  once  prepare  a  written  statement 
which  shall  contain  the  names  of  such  persons,  firms  or  corporations 
or  estates  that  may  own  property  abutting  upon  the  section  or  sections 
of  the  street,  avenue  or  alleys  named,  to  be  improved,  the  number  of 
front  feet  owned  by  each,  and  describing  the  property  owned  by  each 
by  block  or  lot,  number  or  otherwise,  so  describLng  such  property  as  to 
identify  the  same;  and  such  statement  shall  also  contain  as  estimate 
of  the  total  costs  of  such  improvement,  the  proportion  and  amount  of 
such  costs  to  be  assessed  against  abutting  property,  the  amount  per 
front  foot  to  be  assessed  against  abutting  property,  and  the  total  esti- 
mated amount  to  be  assessed  against  each  owmer.  Such  statement  shall 
be  submitted  to  the  board  which  shall  examine  the  same  and  correct 
any  errors  which  may  appear  therein;  but  no  error,  omission  or  mistake 
in  such  statement  shall  in  any  manner  invalidate  any  assessment  made, 
or  lien  or  claim~  fixed  thereunder.  When  such  statement  has  been  ex- 
amined and  approved  by  the  board  and  it  shall  have  determined  to 
assess  the  costs  of  such  improvements  against  such  property,  it  shall 
so  declare  by  resolution,  directing  notices  thereof  to  be  give  unto  the 
owners  aforesaid  by  publication  for  five  consecutive  days  in  a  daily 
newspaper  of  general  circulation  ini  the  City  of  Tulsa,  and  also  to  mail 
to  such  owners  a  copy  of  such  notice  by  registered  letter  deposited  in 
the  post  office  in  the  City  of  Tulsa,  directed  to  the  address  of •  such  own- 
er, if  known,  or  if  such  address  be  not  known  then  to  the  agen  or  attor- 
ney of  such  person,  if  known,  provided  that  the  registered  letter  afore- 
said shall  be  deposited  in  such  post  office  in  the  City  of  Tulsa  within 
ten  days  prior  to  the  date  set  for  the  hearing  hereinafter  provided  for; 
and  provided  further,  that  the  method  herein  prescribed  for  service  of 
notice  by  registered  letter  shall  be  merely  cumulative  of  the  service  of 
notice  by  publication  above  mentioned;  and  provided,  that  in  all  cases 
where  personal  service  by  registered  letter  shall  not  be  obtained,  said 
service  by  publication  shall,  nevertheless,  be  deemed  valid  and  binding. 
The  certificate  of  the  City  Auditor  or  such  other  officer  as  shall  be  des- 
ignated by  -the  board  to  the  effect  that  the  address  of  such  owner  or 
owners  or  their  agent  or  attorney  is  unknown  to  him,  and  personal 
service  cannot  be  had  upon  them,   shall   be  deemed   conclusive   of  such 


TULSA  CITY  CHARTER.  51 

fact.  The  notice  aforesaid  sliall  state  the  time  of  the  hearing  herein- 
after provided  for,  the  general  character  of  the  improvements  deter- 
mined upon  by  the  board,  the  street  or  part  thereof  to  be  improved  and 
the  proportionate  part  and  amount  per  front  foot  of  the  total  cost  of 
the  proposed  improvement,  which  it  is  contemplated  shall  be  assessed 
against  the  property  and  the  owners  thereof  abutting  upon  such  street 
or  alley  to  be  improved.  On  the  date,  stated  in  the  notice  aforesaid 
or  any  time  thereafter,  before  any  special  assessment  is  actually  levied, 
any  person,  firm  or  corporation,  interested  in  any  property  which  is 
claimed  to  be  subject  to  assessment  for  the  purpose  of  paying  the  cost 
of  any  improvement,  in  whole  or  in  part,  shall  be  entitled  to  a  full  and 
fair  hearing  before  said  board  as  to  all  matters  affecting  such  prop- 
erty, or  the  benefit  thereto,  of  such  improvements  or  any  claim  of  lia- 
bility or  objection  to  the  making  of  such  improvements  of  any  invalidity 
or  irregularity  in  any  of  the  proceedings  in  reference  to  making  such 
Improvements  or  any  other  objection  thereto.  Such  person,  firm  or 
corporation  shall  file  their  objections  in  writing  and  thereafter  the 
Board  of  Commissioners  shall  hear  and  determine  the  same,  and  full 
opportunity  shall  be  given  to  the  persons,  firms  or  corporations  filing 
such  objections  to  produce  evidence,  subpoena  witnesses  and  to  appear 
in  person  or  by  attorney  and  a  full  and  fair  hearing  thereof  shall  be 
given  by  the  said  board,  which  hearing  may  be  adjourned  from  time  to 
time,  without  further  notice  and  the  Board  of  Commissioners  shall  have 
full  power  to  inquire  into  and  determine  the  facts  necessary  to  the  ad- 
judication of  such  objects  and  the  ascertainment  of  special  benefits 
to  which  such  owners  by  means  of  such  improvements  and  shall  make 
such  order  in  each  case  as  may  be  just  and  proper.  Any  objections  to 
the  regularity  of  proceedings  with  reference  to  the  making  of  such  im- 
provements as  herein  provided  or  to  the  validity  of  any  assessment 
against  said  property  or  the  validity  of  any  assessment  against  said 
property  or  the  owners  thereof,  shall  be  deemed  waived,  unless  present- 
ed to  the  time  and  in  the  manner  herein  specified.  The  time  as  set  for 
such  hearing  shall  be  not  less  than  ten  days  from  the  time  of  the  first 
publication  of  such  notice.  When  the  hearing  above  mentioned  has 
been  concluded  the  board  shall  by  ordinance  assess  against 
the  several  owners  of  property,  and  against  their  property  abutting 
upon  the  public  street  or  alley  or  part  thereof  ordered  to  be  improved, 
such  proportionate  part  of  the  costs  of  said  improvement  as  by  such 
board  may  have  been  adjudged  against  such  respective  owners  and  their 
property.  Said  ordinance  shall  fix  a  lien  upon  such  property  for  the  re- 
spective amounts  to  be  assessed;  and  shall  state  the  time  and  manner  of 
payment  of  such  assessment,  and  said  board  may  order  that  the  said  as- 
sessment shall  be  payable  in  installments,  and  prescribe  the  amount,  time 
and  manner  of  payment  of  such  installment,  which,  however,  except  as 
hereinafter  provided,  shall  not  exceed  ten  years,  and  the  payment  shall 
not  be  deferred  beyond  ten  years  from  the  completion  of  said  improve- 
ment, and  its  acceptance  by  the  city.  The  said  ordinance  shall  also 
prescribe  the  i-ate  of  interest  to  be  charged  upon  deferred  payments,  not 
exceeding  seven  per  cent,  per  annum  and  may  provide  for  the  maturity 


52  TULSA  CITY  CHARTER. 

of  all  deferred  payments,  and  their  collection,  upon  default  in  the  pay- 
ment of  any  intstallment  of  principal  or  interest.  Each  property  own- 
er, his  heirs,  assigns  or  successors,  however,  shall  have  the  privilege 
of  discharging  the  whole  amount  assessed  against  him  or  any  install- 
ment thereof,  at  any  time  before  maturity,  upon  payment  thereof  with 
accrued  interest.  Upon  the  payment  by  any  property  owner  of  his  as- 
sessment in  full,  the  city  shall  cause  to  be  executed  by  its  Mayor  and 
duly  acknowledged  for  record  a  release  of  the  lien  of  such  assessment. 

8.  When  the  board  shall  have  reason  to  believe  that  the  owner  or 
owners  of  any  property  may  successfully  claim  the  same  as  exempt  from 
special  assessment,  it  may  order  that  the  improvement  shall  not  be  made 
in  front  of,  or  abutting  on  such  property,  unless  the  owner  or  owners 
shall  first  make  a  satisfactory  provision  for  the  payment  of  the  amount 
of  the  cost  which  would  be  assessed  against  such  property,  except  for 
such  exemption,  and  such  contractor  shall  not  be  obliged  to  make  such 
improvement  in  front  of  any  property  which  is  exempt  from  the  en- 
forcement of  a  lien  for  such  improvement,  but  may  omit  the  construc- 
tion thereof  in  front  of  such  property.  Subject  to  the  provisions  hereof 
the  board  may,  when  deemed  just  and  proper,  order  improvement  to 
be  made  on  only  one  side  of  the  public  street  or  alley  or  section  or 
portion  thereof,  and  may  assess  the  cost  of,  or  a  portion  thereof,  against 
the  property  and  the  owner  of  property  abutting  on  such  side  of  such 
street  or  alley  or  section  or  portion  thereof. 

9.  Whenever  any  error  or  mistake  shall  occur  in  any  proceedings, 
provided  for  in  this  charter,  it  shall  the  duty  of  the  board  to  correct 
the  same,  and  whenever  it  shall  have  been  finally  determined  in  any 
suit  that  any  assessment  against  any  property  or  its  owner  or  lien 
against  such  property  fixed  or  attempted  to  be  fixed  under  the  terms 
hereof,  is,  for  any  reason,  invalid,  unlawful,  or  not  enforcible,  then  it 
shall  be  the  duty  of  the  board  to  at  once  proceed  to  re-assess  against 
such  property  such  proportion  of  the  costs  of  making  such  improve- 
ments as  shall  be  proper,  lawful  and  just  and  fix  a  lien  against  such 
property;  and  such  board  shall  have  power,  and  it  shall  be  it  sduty,  by 
ordinance  or  resolution,  to  adopt  such  rules  and  regulations,  and  to 
make  such  orders  as  shall,  in  compliance  with  the  law,  provide  for 
correcting  such  mistakes  and  making  a  valid  re-assessment  against 
such  property  and  fix  a  vadlid  lien  thereon;  said  board  shall  have  power 
and  it  shall  be  its  duty  to  adopt  such  rules  and  regulations  for  a  hear- 
ing to  the  owners  of  such  property  before  such  re-assessment  which 
may  be  necessary  or  proper,  in  order  to  legally  bind  such  owners  and 
their  property,  by  such  re-assessment;  and  shall  have  power  to  adopt 
all  other  rules  and  regulations  which  may  be  requisite  to  a  valid  re- 
assessment of  such  property.  Subject  to  the  provisions  of  this  charter 
the  cost  of  any  such  improvement  or  improvements,  after  deductiiij? 
the  proportion  of  such  costs  as  may  be  assessed  against  any  railroad 
or  street  railroad,  and  the  proportion  of  said  costs  which  may  have 
been  finally  assessed  against  property  abutting  upon  the  street  or  allej-- 
or  section  or  portion  thereof,  ordered  to  be  improved  and  against  the 
owners  of  such  property,  shall  be  borne  and  paid  by  the  city. 


TULSA  CITY  CHARTE.R.  53 

10.  In  addition  to  the  power  hereby  conferred  upon  the  board,  by 
majority  vote,  to  order  the  construction  of  any  street  improvement  or 
improvements  as  herein  defined,  and  to  assess  the  costs  thereof  in 
whole  or  in  part  against  the  abutting  property;  whenever  the  owners 
of  two-thirds  of  the  front  feet  of  property  abutting  upon  any  street, 
avenue  or  alley,  or  section  or  part  thereof,  shall  in  writing  petition  for 
the  improvement  thereof,  and  shall  in  such  petition  agi'ee  to  pay  three - 
fourths  of  the  cost  of  such  improvements  in  front  of  their  respective 
propertj',  and  of  improving  intersections  of  streets  and  alleys,  ex- 
clusive of  such  cost  as  is  payable  under  the  terms  hereof,  by  railroads 
or  street  railroads,  shall  generally  designate  the  nature  of  the  proposed 
improvements,  and  the  said  board  shall  order  the  construction  of  such 
inprovements;  provided,  only,  that  before  a  resolution  ordering  the 
said  improvement  shall  be  passed  by  the  board  it  shall  be  satisfied 
from  the  said  petition  or  other  evidence  as  shall  be  submitted  to  it, 
that,  exclusive  of  the  costs  of  said  railroad  or  street  railroad  at  least 
three-fourths  of  the  whole  cost  of  said  improvement  can  be  secured 
by  a  valid  assessment  against  property  abutting  upon  the  street,  or 
alley,  or  section,  or  part  thereof,  to  be  improved,  or  will  otherwise  be 
satisfactorily  secured.  If  such  petition  shall  specify  any  particular 
kind  of  material  or  pavement  desired,  then  the  work  shall  be  ordered 
constructed  with  that  material  or  pavement  only,  and  bids  taken 
accordingly;  provided,  that  in  such  case  the  petition  may  stipu- 
late the  maximum  cost  ijer  front  foot,  cubic  or  square  yard 
at  which  the  w'ork  shall  be  let,  and  no  contract  shall  be 
let  at  a  greater  cost  than  is  thus  stipulated.  Where  ihmpovements 
are  ordered  to  be  made  upon  such  petition  as  provided  for  in  this 
section  the  method  of  proceeding  in  reference  thereto,  and  with  refer- 
ence to  assessing  the  cost  thereof  against  abutting  property,  shall, 
pubject  to  the- provisions  of  this  section,  be  in  accordance  with  the 
terms  and  provisions  of  this  article.  Where  improvements  are  to  be 
made  upon  such  petition  as  is  .provided  for  in  this  section  the  work 
shall  not  actually  be  begun  untl  three-fourts  of  the  cost  of  said  im- 
provement, exclusive  of  the  part  of  the  costs  to  be  paid  by  any  rail- 
road or  street  railroad,  shall  have  been  assessed  against  the  property 
abutting  upon  the  public  street,  avenue  or  alley,  or  section  or  part 
thereof,  to  be  im.proved,  in  the  manner  herein  before  provided  in  this 
section;  provided,  however,  that  no  assessment  shall  be  made,  except 
after  the  hearing  hereinbefore  provided,  and  the  costs  of  such  im- 
provement shall  be  apportioned  between  the  various  abutting  prop- 
erty owners  according  to  the  frontage  of  their  property  upon  such 
street,  avenue  or  alley,  or  section  or  part  thereof,  to  be  improved; 
provided,  that  whenever,  after  such  assessment  the  board  shall  be 
of  the  opinion  that  an  assessment  against  any  property  and  the  lien 
thereby  fixed  can  not  be  enforced  on  account  of  exemption  of  such 
property,  the  board  may  direct  that  such  improvement  shall  not  be 
made  in  front  of  such  property,  or  may  requii-e  the  owner  of  such 
propertj'  to  pay  or  secure  the  payment  of  the  pro  rata  amount  of  such 


54  TULSA  CITY  CHARTER. 

costs  assessed   against   such   property   before   such   hnprovements   shall 
be  made  in  front  of  the  same. 

11.  When  any  of  the  public  improvements  provided  for  in  this 
article  are  ordered  to  be  made,  the  cost,  or  part  thereof,  which  may 
be  assessed  against  abutting  property  and  against  railroads  and  street 
railroads,  as  herein  provided,  and  such  cost  so  apportioned  and  as- 
sessed against  the  abutting  property  as  provided  for  by  this  charter, 
and  the  lien  as  established  and  fived  by  the  Board  of  Commissioners 
in  favor  of  the  contractor  as  herein  provided  for,  such  abutting  prop- 
erty shall  be  held  liable  for  the  payment  of  such  costs  so  assessed 
against  it,  and  the  city  shall  not  be  responsible  or  liable  for  any  part 
of  such  costs  so  assessed  and  taxed  against  such  abutting  property, 
and  shall  not  be  liable  for  any  part  or  portion  of  the  costs  of  any 
street  improvements,  except  when  the  city  through  the  board  shall 
have  obligated  itself  to  pay  a  part  of  such  costs  and  provided  in  this 
charter;  the  lien  provided  for  herein  to  be  fixed  by  the 
board  against  the  respective  owners  and  their  property  abut- 
ting upon  any  street,  avenue  or  alley,  or  section  or  part  thereof, 
may  be  evidenced  by  assignable  certificates  or  tax  bills  against  abut- 
ting property,  railroad  or  street  railroad,  to  be  issued  to  the  contractor 
by  the  City  of  Tulsa,  and  the  board  shall  prescribe  the  form  and  terms 
of  such  certificate.  The  recital  in  such  certificates  that  the  proceedings 
with  reference  to  making  such  improvements  have  been  regularly  had 
in  compliance  with  the  terms  hereof,  and  that  all  prerequisites  to  the 
fixing  of  the  lien  and  claim,  evidenced  by  such  certificate  have  been 
performed,  shall  be  prima  facie  evidence  of  the  facts  so  recited,  and 
no  other  proof  thereof  shall  be  required,  but  in  all  courts  the  said  pro- 
ceedings and  prerequisites  shall,  without  further  proof,  be  presumed 
to  have  been  had  or  performed.  Such  certificates  shall  be  executed 
by  the  Mayor  and  attested  by  the  City  Autditor  or  such  other  officer 
as  shall  be  designated  by  the  board  with  the  corporate  seal.  The 
passage  by  the  board  of  an  ordinance  finally  assessing  against  any 
property  the  cost  or  part  thereof,  or  in  making  and  fixing  a  lien  upon 
such  property  shall  operate  as  notice  of  such  assessment,  and  lien 
against  all  creditors  of  the  owners  of  such  property  and  the  purchaser 
thereof  and  the  lien  thereby  fixed,  without  further  record  or  proceed- 
ing be  effective  against  all  such  creditors  or  persons. 

12.  The  City  shall  have  power  to  borrow  money  on  its  credit,  and 
the  board  may  by  ordinance  authorize  the  issuance  by  the  city  of  its 
negotiable  coupon  bonds  for  the  purpose  of  paying  the  city's  part  of 
any  such  permanent  street  improvements  as  embraced  in  the  terms 
of  this  article.  Such  bonds  to  be  within  the  limits  of  indebtedness 
prescribed  by  the  constitution  and  this  charter.  Such  bonds  shall  bear 
interest  at  the  rate  of  not  more  than  five  per  cent  per  annum,  payable 
in  semi-annual  installments,  and  the  principal  thereof  shall  be  pay- 
able in  not  more  than  twenty  years  from  their  date.  S'uch  bonds  shall 
be  authorized  and  executed  in  accordance  with  the  terms  of  this  charter 
with  reference  to  the  issuance  of  other  bonds;  provided,  that  no  such 
bonds  shall  be  issued  unless  the  question  of  such  issue  shall  first   be 


TULSA  CITY  CHARTER.  55 

submitted  to  a  vote  of  the  quaJifted  tax  payers,  and  the  same  shall  be 
approved  at  such  election  in  accordance  with  the  provisions  of  the  Con- 
stitution and  of  this  charter,  and  the  Board  of  Commissioners  shall 
provide  in  any  resolution  or  ordinance  authorizing  such  bond  issue, 
for  the  levying  of  an  annual  tax  sufficient  to  meet  the  accrued  interest, 
and  provide  a  sinking-fund  for  the  payment  and  retirement  of  such 
bonds,  and  the  bonds  provided  for  in  this  article  shall  be  sold  by  the 
city  for  not  less  than  par.  Such  bonds  shall  not  be  sold  by  the  City 
until  registered  and  approved  in  accordance  with  the  requirements  for 
other  bond  issues  by  the  city. 

13.  All  contracts  heretofore  entered  into  by  the  City  of  Tulsa  or 
which  may  hereafter  be  entered  into  by  the  city,  and  before  the  pro- 
visions of  this  charter  become  effective,  and  all  ordinances  made  in 
relation  to  such  contracts  shall  be  given  full  force  and  effect  under  the 
laws  and  ordinances  in  force  at  the  date  of  the  making  of  such  con- 
tracts, and  such  improvements  shall  be  carried  forward  and  completed 
in  accordance  with  such  laws  and  ordinances,  and  that  all  costs  of  such 
improvements  shall  be  assessed  by  the  Board  of  Commissioners  against 
the  abutting  property  owners  and  other  persons,  firms,  or  corporations 
made  liable  for  the  payment  of  such  costs  under  and  in  accordance 
with  the  provisions  of  the  laws  and  ordinances  then  in  force.  The 
Board  of  Commissioners  created  and  authorized  by  this  charter  are 
hereby  authorized  and  directed,  and  it  is  hereby  made  their  duty  to  do 
and  perform  or  cause  to  be  done  or  performed,  all  things  which,  by 
such  existing  laws  and  ordinances  of  such  citj%  the  City  Council  of 
such  city  and  the  officers  thereof  acting  thereunder  are  now  authorized 
or  permitted  to  do,  in  order  to  cari-y  into  effect  the  terms  of  such  con- 
tract, and  to  assess  the  costs  of  improvements  against  such  property, 
and  to  provide  for  the  collection  of  such  assessment,  and  to  provide 
for  the  issuance  of  assignable  certificates  therefor,  and  to  do  and  per- 
form any  other  act  or  thing  which  may  be  necessary  under  the  said 
existing  laws  and  ordinances  of  said  city,  to  give  effect  to  said  con- 
tracts and  to  provide  for  the  enforcement  thereof.  The  fact  that  more 
than  one  parcel  or  lot  of  land,  the  property  of  the  owner  or  jointly 
owned  by  two  or  more  persons,  firms  or  corporations  having  been  as- 
sessed together  in  one  assessment  shall  not  invalidate  the  same,  or  the 
lien  thereof^  The  costs  of  any  such  improvements  assessed  against 
any  property,  together  with  all  costs  and  reasonable  expenses  in  col- 
lecting the  same,  including  reasonable  attorney's  fees  when  incuri-ed, 
shall  be  secured  by  a  lien  upon  such  property  superior  to  all  other 
liens,  claims  or  title,  except  city,  county  and  state  taxes,  and  such  lien 
may  be  enforced  either  by  suit  in  any  court  of  competent  jurisdiction 
or  by  sale  in  the  same  manner  as  far  as  applicable,  as  sales  are  author- 
ized to  be  made  by  the  City  of  Tulsa  for  the  non-payment  of  taxes; 
provided,  that  it  shall  not  be  necessary  to  sell  at  the  same  time  as  for  de- 
linquent ad  valorem  taxes,  and  the  board  may  by  resolution  or  ordinance 
make  such  rules  and  regulations,  not  inconsistent  with  the  charter, 
as  it  may  beem  necessary  to  provide  for  the  speedy  collection  of  such 
assessment  for  improvements.     Any  error  or  omission  in  selling  prop- 


56  TULSA  CITY  CHARTER. 

erty  or  designating  the  names  of  owners  or  any  other  error  or  omission 
may  be  corrected  at  any  time  by  the  board  or  at  the  suit  of  any  inter- 
ested party.  In  any  suit  brought  under  the  provision  of  this  section 
it  shall  be  proper  to  join  as  defendants  two  or  more  property  owners 
who  are  interested  in  any  single  improvement  or  any  single  contract 
for  such  improvement. 

14.  At  any  time  within  ten  days  after  hearing  in  section  seven 
of  this  article  provided  for  has  been  concluded,  any  person  or  per- 
sons, corporation  or  corporations,  having  an  interest  in  any  real  estate 
which  may  be  subject  to  assessment  under  this  charter,  or  otherwise, 
having  any  financial  interest  in  such  improvement  or  improvements,  or  in 
the  manner  in  which  the  cost  thereof  is  to  be  paid,  who  may  desire  to 
contest  on  any  ground  the  validity  of  any  proceeding  that  may  have  been 
had  with  reference  to  the  making  of  such  improvements,  or  the  validity  in 
whole  or  in  part,  of  any  assessment  lien  fixed  by  said  proceedings,  may 
institute  suit  for  that  purpose  in  any  court  of  competent  jurisdiction. 
Any  person  or  persons,  corporation  or  corporations,  who  shall  fail  to 
institute  such  suit  within  a  period  of  ten  days,  or  who  shall  fail  to  dili- 
gently prosecute  such  suit  in  goo  dfaith  to  final  judgment,  shall  be 
forever  barred  from  making  any  such  contest  or  contests,  and  this 
estoppel  shall  bind  their  heirs,  successors,  administrators  and  assigns. 
The  City  of  Tulsa,  or  the  person  or  persons  to  whom  the  contract  has 
been  awarded  shall  be  made  defendants  in  such  suit,  and  any  other 
proper  parties  may  be  joined  therein.  There  shall  be  attached  to 
plaintiff's  petition  an  affidavit  of  the  truth  of  the  matter  therein  alleged, 
except  such  matters  as  are  alleged  on  information  and  belief,  and  that 
such  suit  is  brought  in  good  faith,  and  not  to  injure  or  delay  the  city 
or  contractor,  or  any  owner  of  real  estate  abutting  on  the  improvement. 
Unless  the  provision  of  this  section  are  complied  with  by  plaintiff 
or  plaintiffs,  such  suit  shall  be  dismissed  on  motion  of  any  defendant, 
and  in  that  event  plaintiff  or  plaintiffs  shall  be  barred  and  estopped 
to  the  same  extent  as  if  suit  had  not  been  brought.  In  any  case  where  a 
suit  is  brought  as  provided  for  in  this  section  then  the  performance 
of  the  work  may  be  suspended  at  the  election  of  either  the  city  or  the 
contractors  until  such  suit  shall  be  finally  determined  in  the  court  of 
original  jurisdiction  or  any  appellate  court  to  which  the  same  may  be 
taken  by  appeal  or  writ  of  error;  provided,  that  any  appeal  or  writ 
of  error  shall  be  perfected  within  thirty  days  from  the  adjournment  of 
the  term  of  court  of  original  jurisdiction  at  which  final  judgment  was 
rendered  in  sue  hsuit;  and,  provided,  that  no  appeal  or  writ  of  error 
to  review  the  judgment  of  such  court,  may  thereafter  be  taken  or  sued 
out  by  either  party. 

SIDEWALKS. 

SIDEWALKS.  Section  1.  The  Board  of  Commissioners  shall  have 
power  in  their  discretion  bv  resolution  passed  by  majority  vote  to  order 
the  construction,  re-construction  or  repairing  of  sidewalks  as  therein 
provided  along  or  upon  any  street,  avenue,  public  plp^ce,  alley  or  square, 
or  part  or  section  thereof,  within   the  city  or  in  front  of  any  property 


TULSA  CITY  CHARTER.  57 

abutting  upon  the  same.  No  notice  of  the  passage  of  such  resolution 
shall  be  necessary.  Such  resolution  shall  in  general  terms  describe  the 
sidewalks  to  be  constructed,  re-constructed  or  repaired,  material  of 
which  it  is  to  be  constructed,  re-constructed  or  repaired,  the  street, 
avenue,  alley,  square  or  place  or  part  of  section  therof  along  which  said 
sidwalk  is  to  be  constructed,  re-constructed  or  repaired.  Upon  the 
passage  of  such  resolution  it  shall  be  the  duty  of  the  city  engineer  to 
forthwith  prepare  and  present  to  the  said  board  plans  for  the  said  side- 
walks, or  repairs  for  same,  detailing  the  nature  of  construction,  re- 
construction or  repair  thereof,  and  the  material  or  materials  of  which 
the  same  are  to  be  constructed,  re-constructed  or  repaired.  If  satis- 
factoiY  the  board  shall  approve  the  said  plans  and  the  same  shall  remain 
on  file  in  the  office  of  the  city  engineer.  Upon  the  approval  of  the  said 
plans  the  city  engineer  shall  at  once  prepare  and  file  with  the  board  a 
statement  containing  the  name  or  names  of  the  owner  or  owners 
of  property  abutting  upon  the  street,  avenue,  alley,  public  place  or 
square,  or  part  or  section  thereof,  where  sidewalks  are  ordered 
to  be  constructed,  re-constrvicted  or  repaired,  and  a  brief  description 
of  the  property  of  each  owner,  which  may  be  by  lot  or  block  number 
or  any  other  description  which  shall  be  sufficient  to  identify  the  same, 
together  with  an  estimate  of  the  cost  of  such  sidewalks  or  the  repair 
of  same  in  front  of  the  property  of  each  owner,  exclusive  of  the  cost  of 
grading  and  excavating.  Upon  the  filing  of  such  statement  it  shall  be  the 
duty  of  the  City  Auditor  or  such  other  officer  as  shall  be  designated  by 
the  board  to  publish  in  a  daily  newspaper  of  general  circulation  within 
the  City  of  Tulsa,  a  notice  to  the  owner  or  owners  of  the  property  in 
front  of  which  the  sidewalk  or  sidewalks  are  to  be  constructed,  re-con- 
structed or  repaired,  which  notice  shall  briefly  recite  the  fact  that 
sidewalks  have  been  ordered  constructed,  re-constructed  or.  repaired 
by  the  board,  and  stating  the  street  avenue,  alley,  public  place  or  square, 
or  section  or  part  thereof,  along  which  the  same  are  ordered  to  be  con- 
structed, re-constructed  or  repaired,  and  that  plans  and  specifications 
for  such  work  have  been  adopted  by  the  board  and  are  on  file  in  the 
office  of  the  City  Engineer,  and  notifying  the  owners  of  property  abut- 
ting upon  such  proposed  sidewalk  or  sidewalks  to  construct,  re-con- 
struct or  repair  same,  in  accordance  with  such  resolution  and  specifi- 
cation, within  thirty  days  of  the  publication  of  such  notice.  The  Board 
shall  have  power  to  adopt  rules  and  resolutions  for  giving  additional 
notice  to  theowner  or  owners  of  such  property  in  such  manner  as  may 
by  such  board  be  prescribed,  or  for  personal  notice  upon  property  owner, 
but  any  such  notice  shall  be  in  addition  to  and  cumulative  to  the  ad- 
vertisement provided  for,  and  service  of  notice  by  such  advertisement 
shall  be  deemed  sufficient  without  further  or  additional  notice.  The 
owner  or  owners  of  property  abutting  upon  the  street,  avenue,  alley, 
public  place  or  square,  or  part  or  section  thereof,  along  which  sidewalks 
are  ordered  to  be  constructed,  re-constructed  or  repaired  shall,  v.'ithin 
thirty  days  from  the  publication  of  such  notice,  construct,  re-constrvict 
or  repair  the  said  sidewalk  or  sidewalks  in  accordance  with  the  speci- 
fications at  his  or  their  own  cost  and  expense,  except  the  cost  of  exca- 


TULfeA  CITY  CHARTER. 


vating  or  grading,  which  shall  be  borne  by  the  city.  If  the  owner 
or  owners  of  any  property  in  front  of  which  sidewalks  are  ordered 
to  be  constructed,  re-constructed  or  repaired  under  the  terms  hereof 
shall  not  within  thirty  days  of  the  publication  of  such  notice  so  con- 
struct, re-construct  or  repair  such  sidewalk  or  sidewalks  the  board 
shall  ha^•e  power  by  resolution,  and  it  shall  be  their  duty,  to  order  the 
construction,  re-construction  or  repairing  by  the  city  and  cause  the 
same  to  be  constructed,  re-constructed  or  repaired,  either  by  the  city 
or  to  let  the  work  by  contract  under  such  rules  and  regulations  as 
may  be  adopted  by  the  board  and  with  or  without  competitive  bidding 
at  the  discretion  of  the  board.  Whenever  the  city  shall  have  constructed, 
re-constructed  or  repaired  or  caused  to  be  constructed,  re-constructed 
or  repaired,  any  sidewalk  as  herein  provided,  the  board  shall  have  power 
to  assess  the  whole  costs  thereof,  except  the  cost  of  excavating  and 
grading,  which  shall  be  borne  by  the  city,  against  the  property  abut- 
ting upon  the  street,  avenue,  alley,  public  place  or  square  upon  which 
such  sidewalks  shall  have  been  constructed,  re-constructed  or  repaired, 
and  theowner  or  owners  thereof,  provided  that  no  asses.sment  shall  be 
made  against  any  property-  or  its  owner  or  owners  unless  the  said 
property  shall  be  specially  benefitted  by  the  construction,  re-construc- 
tion or  repair  of  such  sidewalk,  nor  for  any  sum  in  excess  of  the  special 
benefit  which  shall  accrue  to  said  property  and  its  owner  or  owners  from 
the  construction,  re-construction  or  repair  to  the  said  sidewalk^  When 
such  sidewalk  is  ordered  to  be  constructed,  re-constructed  or  repaired 
in  front  of  the  property  of  one  owner  subject  to  the  terms  hereof  the 
cost  of  such  sidewalk  shall  be  assessed  against  the  property  and  the 
owner  thereof.  Where  sidewalks  are  ordered  to  be  constructed,  re- 
constructed or  repaired  in  front  of  the  property  of  more  than  one 
owner  or  in  front  of  more  than  one  lot  along  any  street,  avenue,  public 
place,  alley  or  square,  or  part  or  portion  thereof,  the  costs  of  construc- 
tion, re-construction-  or  repair  of  the  said  sidewalk  in  front  of  the 
property  of  each  owner  shall  be  assessed  against  such  owner  and  his 
property  separate  and  a  separate  liability  against  such  owner  declared. 
No  assessment  for  the  costs  of  such  sidewalks  shall  be  made  against 
any  property  or  its  owner  until  the  board  shall  have  first  so  declared 
by  resolution  directing  notice  thereof  to  be  given  to  the  owner  or  own- 
ers of  such  property.  Such  notice  shall  be  given  by  advertising  the 
same  in  a  newspaper  of  general  circulation  in  the  City  of  Tulsa,  for 
three  consecutive  days,  and  also  by  mailing  to  said  owner  or  owners 
a  copy  of  such  notice  by  registered  letter  deposited  in  the  post-office 
in  the  City  of  Tulsa  directed  to  the  address  of  such  owner,  if  known, 
or  if  the  address  be  not  known,  then  to  the  agent  or  attorney  of  such 
owner  or  owners,  if  known;  provided,  that  the  letters  aforesaid  shall  be 
deposited  in  the  post-office  not  less  than  five  days  prior  to  the  date 
stated  for  the  hearing  hereinafter  mentioned,  and,  provided  further,  that 
the  method  herein  prescribed  for  service  of  notice  by  registered  letter 
shall  be  merely  comulative  of  notice  of  publication  above  mentioned; 
provided,  that  in  all  cases  where  personal  service  of  notice  shall  not 
be  obtained  the  notice  by  publication  shall  be  valid  and  binding.     The 


TULSA  CITY  CHARTER.  59 

notice  aforesaid  shall  state  the  time  of  the  hearing  hereinafter  men- 
tioned, and  the  general  character  of  the  sidewalk  ordered  to 
be  constructed  or  repaired,  the  street,  anevue,  public  place, 
alley  or  square,  or  part  or  section  thereof  .  along  which  the 
same  has  been  constructed,  re-constructed  or  repaired,  and  that  the 
costs  of  the  said  work  is  proposed  to  be  assessed  agajnst  the  owner  or 
owners  of  property  abutting  thereon,  and  the  date  for  the  hearing. 
Said  hearing  shall  not  be  less  than  one  week  from  the  time  of  the 
first  publication  of  such  notice.  On  the  date  set  in  the  notice  aforesaid 
and  at  any  time  thereafter  before  an  assessment  is  actually  levied,  any 
person  or  corporation  interested  in  any  property  which  may  be  claimed 
to  be  subject  to  assessment  for  the  purpose  of  paying  the  costs 
of  such  sidewalk  shall  be  entitled  to  a  full  and  fair  hearing  before  such 
board  as  to  all  improvements  affecting  such  property,  or  the  benefit 
thereof  of  such  construction,  re-construction  or  repairing  of  such  side- 
walks, or  as  to  any  liability  therefor,  or  as  to  any  irregularity  or  in- 
validity of  the  proceedings  in  regard  to  the  construction,  re-construc- 
tion or  repair  of  such  sidewalks,  or  any  other  objection  thereto.  Such 
objection  shall  be  filed  in  writing,  stating  the  nature  thereof,  and  full 
opportunity  shall  be  given  to  the  person  or  corporation  filing  the  same 
to  produce  evidence,  subpoena  witnesses  and  to  appear  in  person  or 
by  attorney,  and  a  full  and  fair  hearing  thereof  shall  be  given  by  the 
board,  which  hearing  may  be  adjourned  from  time  to  time  without 
further  notice.  The  board  shall  have  power  to  inquire  into  and  determine 
all  facts  necessary  to  the  adjudication  of  the  said  objection  and  the 
ascertainment  of  such  special  benefits  to  the  owners  by  reason  of  the 
construction,  re-construction  or  repairing  of  such  sidewalks,  and  shall 
make  such  order  in  each  case  as  may  be  just  and  proper.  Any  objection 
to  the  regularity  of  the  proceedings  with  reference  to  the  construction, 
re-construction  or  repairing  of  such  sidewalk  or  to  the  validity  of  any 
assessment  or  the  determining  of  liability  against  such  property  or  its 
owner  shall  be  deemed  waived,  unless  presented  at  the  time  and  in  the 
manner  herein  specified.  When  the  hearing  above  mentioned  has  been 
concluded  the  board  shall,  by  ordinance,  assess  against  the  owner  or 
owners  of  the  property  and  against  their  property  abutting  upon  the 
sidewalk  so  constructed,  reconstructed  or  repaired  the  cost  of 
constructing,  re-constructing  or  repairing  such  sidewalks  in  front 
of  or  along  the  property  of  each  owner,  and  declare  a 
personal  liability  against  such  owner  or  owners  thereof.  If  it 
shall  have  been  determined  by  the  board  upon  such  hearing  that 
such  owner  or  owners  and  their  property  have  been  benefitted  in  en- 
hanced value  of  such  property  in  an  amount  at  least  equal 
to  such  cost;  but,  if  in  any  case  it  shall  have  been  determined  upon 
such  hearing  that  the  property  of  any  owner  is  not  benefitted  in  en- 
hanced value  by  such  construction,  re-construction  or  repair  of  such 
sidewalk,  then  no  assessment  shall  be  made  against  the  property  of 
such  owmer;  but  if  after  such  hearing  it  shall  be  determined  by  such 
board  that  such  property  has  been  benefitted  in  enhanced  value  in  any 
amount  less  than  the  cost  of  the  construction,  re-construction  or  repair- 


60  TULSA  CITY  CHARTER. 

ing  thereof,  then  the  board  shall  assess  against  the  said  owner  and  his 
property  only  such  amount  as  shall  equal  the  benefit  received  by  such 
owner  and  his  property.  The  ordinance  making  the  said  assessment 
shall  fix  a  lien  upon  the  property  of  each  owner  or  owners  and  decla(re 
the  owner  or  owners  thereof  to  be  personally  liable  for  the  respective 
amounts  which  may  be  against  them  assessed,  and  shall  state  the  time 
at  which  the  said  assessment  shall  bepaid,  which  shall  not  be  longer 
than  sixty  days  from  the  date  of  making  the  same.  Such  assessment 
shall  bear  interest  from  the  date  of  making  the  same  until  paid  at  a  rate 
of  not  to  exceed  eight  per  cent  per  annum.  The  amount  assessed  under 
the  terms  hereof  against  any  property  or  the  property  owner  thereof  shall 
be  secured  by  a  lien  upon  such  property  and  shall  constitute  a  personal 
liability  against  the  owner  or  owners  thereof  in  favor  of  the  City  of  Tulsa, 
and  the  said  liability  and  lien  may  be  enforced  either  by  suit  in  any  court 
of  competent  jurisdiction  or  by  sale  of  such  property  of  such  owner  or 
owners  in  the  manner  provided  in  this  charter  for  the  sale  of  property 
for  other  taxes.  Such  assessment  shall  include  all  costs  and  expenses 
of  collection  of  same,  where  such  costs  are  incurred,  including  reason- 
able attorney's  fees,  where  such  attorney's  fees  are  incurred.  In  all 
cases  where  saje  of  any  property  shall  be  made  for  any  payment  of  any 
assessment,  in  the  manner  provided  for  the  sale  of  property  for  pay- 
ment of  other  taxes,  such  sale  shall  be  made  by  the  City  Auditor  or  such 
other  officer  as  may  be  designated  by  the  Board  of  Commissioners, 
a  deed  executed  by  the  said  City  Auditor  or  other  officer  as  shall 
be  designated  by  the  Board  of  Commissioners,  and  to  recite 
in  the  deed  of  such  City  Auditor  or  other  officer  as  shall 
be  designated  by  the  board  all  legal  prerequisites  to  such  sale  have 
been  complied  with,  shall  be  prima  facie  evidence  of  the  truth  of  the 
facts  so  recited,  which  facts  shall  in  all  courts  of  law  and  equity  be  pre- 
sumed to  be  true  without  further  evidence  thereof. 


ARTICLE    :i. 


RECALL  OF  ELECTIVE  OFFICERS. 
Section  1.  The  holder  of  an  elective  office  may  be  removed  at  any 
time  by  the  qualified  voters  of  the  City  of  Tulsa.  The  procedure  to 
effect  the  removal  of  an  incumbentof  an  elective  office  shall  be  as  fol- 
lows: A  petition  signed  by  the  qualified  voters  of  said  city,  equal  in 
number  to  at  least  35  per  cent  of  the  entire  vote  cast  for  candidates 
for  the  office  of  Mayor  on  the  final  ballot  at  the  last  preceding  general 
municipal  election,  demanding  the  election  of  a  successor  of  the  person 
sought  to  be  removed,  shall  be  filed  with  the  City  Auditor;  provided, 
that  the  petition  sent  to  the  Board  of  Commissioners  shall  contain  a 
general  statement  of  the  grounds  for  which  the  removal  is  sought. 
The  signatures  to  the  petition  need  not  all  be  appended  to  one  paper, 
but  each  signer  shall  add  to  his  signature  his  place  of  residence,  giving 
the  street  and  number.     One  of  the  signers  of  each  such   paper  shall 


TULSA  CITY  CHARTER.  61 

make  oath  before  an  officer  competent  to  administer  oaths  that  the 
statements  herein  made  are  true,  and  that  each  signature  to  the  paper 
appended  is  the  genuine  signature  of  the  person  whose  name  purports 
to  bethereunto  subscribed.  Within  ten  days  from  the  date  of  filing 
such  petition  the  City  Auditor  shall  examine,  and  from  the  list  of  quali- 
fied voters  of  said  city,  ascertain  whether  or  not  said  petition  is  signed 
by  the  requisite  number  of  qualified  voters,  and  he  shall  attach  to  said 
petition  his  certificate  showing  the  result  of  said  examination.  If  by 
the  Auditor's  certificate,  the  petition  is  shown  to  be  insufficient  it  may 
be  amended  within  ten  days  from  the  date  of  said  certificate.  The 
City  Auditor  shall,  within  ten  days  after  such  amendment,  make  like 
examination  of  the  amended  petition,  and  if  his  certificate  shall  show 
the  same  to  be  insufficient,  it  shall  be  returned  to  the  person  filing, 
the  same,  withaut  prejudice,  however,  to  the  filing  of  a  new  petition 
to  the  same  effect.  If  the  petition  shall  be  found  to  be  sufficient,  the 
City  Auditor  shall  submit  the  same  to  the  Board  of  Commissioners 
without  delay. 

2.  If  the  petition  shall  be  found  to  be  sufficient,  the  Board  of  Com- 
missioners shall  order  and  fix  a  date  for  holding  tlie  said  election,  not 
less  than  thirty  days  nor  more  than  forty  days  from  the  date  of 
the  Auditor's  certificate  to  the  Board  of  Commissioners  that  a  suffcient 
petition  is  filed. 

3.  The  Board  of  Commissioners  shall  make  or  cause  to  be  made, 
publication  of  notice  and  all  arrangements  for  holding  of  such  election, 
av.d  the  same  shall  be  conducted  ,  returned  and  the  resulL  thereof  de- 
clared in  all  respects  as  are  other  city  elections,  and  a  majority  of  all 
the  votes  which  shall  be  cast  at  such  election  shall  be  necessary  to 
elect.  In  the  event  no  candidate  shall  receive  such  mapority  at  the 
first  election  a  second  election  shall  be  r.»ld  in  accordance  with  the 
provisions  of  Article  III.  hereof.  The  successor  of  any  oificer  so  re- 
moved shall  hold  office  during  the  unexpired  term  of  his  predecessor. 
Any  person  sought  to  be  removed  may  be  a  candidate  to  succeed  him- 
self, and  imless  he  requests  otherwise  in  writing  tho  City  Auditor 
shall  place  his  name  on  the  official  ballot  withou;  nomination.  In  any 
such  removal  election  the  candidate  receiving  the  highest  number  of 
votes  shall  be  declared  elected.  At  such  election  if  some  other  person 
than  the  incumbent  receives  the  highest  number  of  votes,  the  incum- 
bent shall  thereupon  be  deemed  removed  from  the  offive  upon  the 
qualification  of  his  successor.  In  case  the  party  who  receives  the  high- 
est number  of  votes  should  fail  to  qualify  within  ten  days  after  re- 
ceiving notification  of  election,  the  office  shell  be  deemed  vacant.  If 
the  incumbent  receives  the  highest  number  of  votes  he  shall  continue  in 
office 


ARTICLE  XI. 


MISCELLANEOUS   PROVISIONS. 
1.     The  City  of  Tulsa,  acting  through  the  Board  of  Commissioners, 


62  TULSA  CITY  CHARTER. 

shall  have   power  to   do   by   day  labor,   under  municipal   direction,   any 
work  which  may  become  advisable  or  necessary  to  be  done. 

2.  In  all  work  done  by  or  for  the  city,  either  by  day  work  or  by 
contract,  eight  hours  shall  constitute  a  day's  work;  and  no  employe 
of  the  city  on  work  for  the  city,  or  employe  of  any  contractor  or  sub- 
contractor of  such  work,  shall  be  required  to  work  longer  than  eight 
hours  in  any  one  calendar  day;  provided,  that  this  section  shall  not 
apply  to  the  fire  or  police  department  or  to  employes  engaged  in  clerical 
work  for  the  city;  and,  provided  further,  that  this  section  shall  not  be 
construed  to  apply  to  any  contract  entered  into  by  the  city  prior  to 
the  passage  of  this  act;  provided  that  in  case  of  emergency,  an  em- 
ploye may  be  required  to  work  longer  than  eight  hours,  but  when  re- 
quired so  to  work  longer  than  eight  hours  such  employe  shall  be  paid 
for  such  overtime  at  the  rate  of  one  and  one-half  times  the  rate  such 
employe  is  paid  for  his  labor  during  the  eight  hours. 

3.  The  personal  and  real  property  of  all  persons  owing  any  taxes 
to  the  City  of  Tulsa  is  hereby  made  liable  for  all  tax  owing  by  such 
person,  whether  the  same  be  due  upon  personal  or  real  property,  or 
upon  both. 

4.  The  Board  of  Commissioners  shall  have  power  to  provide  for 
taking  an  enumeration  of  the  inhabitants  of  the  city.  And  it  shall  be 
the  duty  of  the  Board  of  Commissioners  by  resolution  to  appoint  a 
commissioner,  who  shall  supervise  such  enumeration,  whose  compen- 
sation, together  with  all  the  expenses  of  such  enumeration,  shall  be 
paid  in  such  manner  as  the  Board  of  Commissioners  may  provide. 

5.  No  property  of  any  kind,  church,  school  or  otherwise  in  the 
City  of  Tulsa  shall  be  exempt  from  any  of  the  special  taxes  and  assess- 
ments authorized  by  this  charter  for  local  improvements^ 

6.  The  fiscal  year  of  the  City  of  Tulsa  shall  begin  and  end  at  12:00 
o'clock,  noon,  on  the  first  day  of  July  in  each  year. 

7.  All  bonds,  contracts,  or  other  instruments  requiring  the  assent 
of  the  city  shall  be  signed  by  the  Mayor  or  the  acting  Mayor,  and 
attested  by  the  City  Auditor,  and  all  legal  process  against  the  city  shall 
be  served  upon  the  Mayor,  or  acting  Mayor. 

8.  In  addition  to  the  other  modes  of  collection  anywhere  in  this 
act  provided,  all  taxes  due  the  city  may  be  collected  by  an  action  of 
debt,  and  liens  on  real  estate  may  be  foreclosed  in  any  court  having 
jurisdiction.  The  assessment  rolls  relating  to  such  taxes  shall  be  taken 
as  prima  facie  evidence  of  the  statements  made  therein,  and  the  city 
shall  have  authority  to  become  the  purchaser  at  all  sales  of  property 
for  taxes  due  it,  under  judgment  or  otherwise.  It  shall  be  the  duty 
of  the  Mayor  to  attend  such  sales,  to  make  such  purchases  if  they  be 
necessary,  or  to  empower  some  other  person  to  do  so  on  behalf  of  the 
city. 

9.  Before  the  City  of  Tulsa  shall  be  liable  for  damages  of  any 
kind  the  person  injured,  or  some  one  in  his  behalf,  shall  give  the  Mayor 
or  City  Auditor  notice  in  writing  of  such  injury  within  thirty  days 
after  the  same  has  been  received,  stating  specifically  in  such  notice 
when,  where  and  how  the  injury  occurred  and  the  extent  thereof.     The 


TULSA  CITY  CHARTER.  63 

City  of  Tulsa  shall  never  be  liable  on  account  of  any  damage  or  injury 
to  person  or  property  arising  from  or  occasioned  by  any  defect  in  any 
public  street,  highway  or  grounds,  or  any  public  work  of  the  city,  unless 
the  specific  defect  causing  the  damage  or  injury  shall  have  been  actu- 
ally known  to  the  Mayor  or  City  Engineer  by  personal  inspection  for 
a  period  of  at  lest  twenty-four  hour  prior  to  the  occurrence  of  the 
injury  or  damage,  unless  the  attention  of  the  Mayor  or  City  Engineer 
shall  have  been  called  thereto  bj^  notice  thereof  in  writing  at  least 
twenty-four  hours  prior  to  the  occurrence  of  the  injury  or  damage  and 
proper  diligence  has  not  been  used  to  recitfy  the  defect  after  actually 
known  or  called  to  the  attention  of  the  Mayor  or  City  Engineer  as 
aforesaid. 

10.  It  shall  not  be  necessary  in  any  action,  suit  or  proceeding  in 
which  the  City  of  Tulsa  is  a  party,  for  any  bond,  undertaking  or  security 
to  be  executed  in  behalf  of  said  city,  but  all  such  action,  suits,  appeals, 
or  proceedings  shall  be  conducted  in  the  same  manner  as  if  such  bond, 
undertaking  or  security  had  been  given,  and  said  city  shall  be  liable 
as  if  such  obligation  had  been  duly  given  and  executed. 

11.  The  property,  real  and  personal,  belonging  to  said  city  shall 
not  be  liable  to  be  sold  or  appropriated  under  any  writ  of  execution  or 
cost  bill,  nor  shall  the  funds  belonging  to  said  city,  in  the  hands  of  any 
person,  be  liable  to  garnishment  on  account  of  any  debt  it  may  owe 
or  funds  it  may  have  on  hand  due  any  person,  nor  shall  the  city  or 
any  of  its  officers  or  agents  be  required  to  answer  to  any  writ  of  gar- 
nishment on  any  account  whatsoever,  nor  shall  said  city  be  liable  to 
the  assignee  of  any  wages  of  any  officer,  agent  or  employe  of  said 
city,  whether  earned  or  unearned,  upon  any  claim  or  account  what- 
soever, and  as  to  the  city  any  such 'assignment  shall  be  absolutely  void. 

12.  Whenever,  in  the  opinion  of  the  Board  of  Commissioners,  any 
building,  fence,  shed,  awning  or  structure  of  any  kind,  or  part  thereof, 

is  liable  to  fall  down  and  injure  persons  or  property,  or  whenever  any 
barbed  wire  fence  is  now  or  shall  be  stretched  along  the  street  line,  the 
Board  of  Commissioners  may  order  the  owner  or  agent  of  same,  or 
occupants  of  the  premises,  to  take  down  and  remove  the  same  within 
such  time  as  it  may  direct;  and  may  punish  by  fine  and  imprisonment, 
or  either,  all  persons  failing  so  to  do.  The  Board  of  Commissioners 
shall  have  the  additional  power  to  remove  the  same  at  the  expense  of 
the  city  on  account  of  the  owner  of  the  property,  and  assess  the  ex- 
penses thereof,  including  condemnation  proceedings,  as  a  special  tax 
against  theland,  and  the  same  may  be  collected  as  other  special  taxes 
provided  for  in  this  charter,  or  by  suit  in  any  court  of  competent 
jurisdiction. 

1.3.  The  Board  of  Commissioners  shall  have  full  power  to  condemn 
all  dangerous  buildings  or  obstructions  of  any  kind,  and  may  provide 
regulations  therefor  by  ordinance. 

14.  All  writs,  subpoenas,  or  other  process  issuing  out  of  the  city 
court,  shall  run  in  the  name  of  the  City  of  Tulsa,  and  may  be  executed 
and  served  by  the  Chief  of  Police  or  his  depvxties,  or  policemen  of  said 
rity   anywhere    in.  Tulsa    County,    Oklahoma. 


64  TULSA  CITY  CHARTER. 

15.  In  all  cases  where,  by  any  of  the  provisions  of  this  act,  or  by 
ordinances  in  persuance  thereof,  a  person  is  required  to  obtain  a  license 
for  any  calling,  occupation,  business  of  vocation,  and  has,  on  complaint 
before  the  Municipal  Court,  been  adjudg-ed  guilty  of  violating  any 
rule,  regulation  or  ordinance  of  the  city  in  relation  thereto,  said  court, 
in  addition  to  the  punishment  to  be  imposed  therefor,  may  suspend 
or  revoke  the  license  so  granted. 

16.  The  term  "officer"  as  used  in  this  charter,  shall  apply  only 
to  those  officers  who  are  elected  by  the  people,  or  are  appointed  or  con- 
firmed by  the  Board  of  Commissioners  for  a  fixed  and  definite  period, 
and  the  same  does  not  include  policemen,  except  the  Chief  of  Police, 
and  does  notinclude  other  agents  or  employes  of  said  city.  All  city 
officers  and  employes  shall  enter  into  such  bond  for  the  faithful  per- 
formance of  their  duties  as  the  Board  of  Commissioners  may  require, 
by  ordinance  or  resolution,  and  shall  perform  such  other  and  further 
dities  as  the  Board  of  Commissioners  may  from  time  to  time  pre- 
scribe. 

17.  All  qualified  electors  of  the  State  who  shall  have  resided  for 
six  months  immediately  preceding  the  election  within  tl\e  limits  of 
said  city  shall  have  the  right  to  vote  for  Mayor  and  all  other  elective 
officers  of  said  city,  but  in  all  elections  to  determine  the  expenditure 
of  money,  or  assumption  of  debt  or  levy  special  taxes,  only  those  shall 
be  qualified  to  vote  who  pay  taxes  on  property  in  said  city,  such  quali- 
fications to  be  ascertained  by  an  inspection  of  the  assessment  rolls. 

18.  The  Board  of  Commissioners  shall  have  the  right  to  remit,  in 
whole  or  in  part,  any  fine  or  penalty  belonging  to  the  city,  which  may 
be  imposed  under  any  ordinance  or  resolution  passed  in  pursuance 
of  this  act. 

19^  No  lien  of  any  kind  can  ever  exist  against  the  public  halls, 
parks  or  public  works  of  the  City  of  Tulsa.  All  sub-contractors,  ma- 
terial men,  mechanics  and  laborers  upon  any  public  works  of  the  City  of 
Tulsa  are  hereby  required  to  notify  the  city  of  all  claims  they  may  have 
on  account  of  such  work  against  the  city,  and  when  such  notice  has  been 
given  the  city  shall  retain  an  amount  from  any  funds  due  the  con- 
tractors sufficient  to  satisfy  all  claims;  provided,  that  such  notice  may 
be  given  at  any  time  after  such  indebtedness  becomes  due  and  before 
final  settlement;  and,  provided  further,  that  no  contractor  or  sub- 
contractor shall  issue  any  time  checks  on  or  on  account  of  any  public 
works  of  said  city. 

20.  The  Board  of  Commissioners  shall  require  good  and  sufficient 
bonds  of  all  contractors,  with  at  least  two  good  and  sufficient  sureties, 
who  shall  be  residents  of  the  State  of  Oklahoma.  No  non-resident  of 
the  State  shall  ever  be  received  as  surety  on  any  bond  payable  to  the 
City  of  Tulsa,  except  such  guarantee  companies  as  may  be  satisfac- 
tory to  the  Board  of  Commissioners,  and  in  all  cases  at  least  one  of 
the  sureties  must  be  a  resident  of  Tulsa  County,  Oklahoma.  When 
bondsmen  are  not  residents  of  Tulsa  County  such  proof  of  their  solvency 
may  be  required  as  the  Board  of  Commissioners  may  deem  necessary. 

21.  All  appropriations  made  or  set  apart  for  the  payment  of  any 


TULSA  CITY  CHARTER.  65 

interest   or  sinking   fund,   or  both,   shall   under   no   circumstances   ever 
be  diverted  to  any  other  purpose. 

22.  All  questions  arising  in  administering  said  city  government,  and 
not  provided  for  in  this  act,  shall  be  governed  by  the  State  law  in  such 
cases  made  and  provided. 

23.  This  act  shall  be  deemed  a  public  act,  and  judicial  notice  shall 
be  taken  thereof  in  all  courts  and  places,  without  the  same  having 
been  pleaded  or  read  in  evidence^ 

24.  The  Board  of  Commissioners  shall  have  the  power  to  prohibit 
the  working  of  State  convicts  within  corporate  limits  of  the  city. 

25.  The  Board  of  Commissioners  shall  have  power  to  prohibit 
minors  from  going  and  being  on  the  public  streets  and  in  public  places 
in  the  City  of  Tulsa  between  the  hours  of  9  o'clock  P.  M.  and  4  o'clock 
A.  M.  at  night,  without  the  consent  of  their  parents  or  guardians. 

26.  The  Board  of  Commissioners  are  hereby  empowered  and  au- 
thorized to  exempt  from  municipal  taxation  for  a  period  of  not  ex- 
ceeding Ave  j^ears,  manufacturing  establishments  and  public  utilities, 
as  an  inducement  to  their  location  in  the  citj'. 

27.  All  elections  shall  be  held  in  the  manner  provided  by  the  gen- 
eral election  laws  of  the  State  of  Oklahoma,  as  far  as  the  same  may  be 
applicable,  and  in  other  respects  in  accordance  with  the  provisions  of 
this  charter  and  the  ordinances  of  the  city  made  by  authority  hereof. 
It  shall  be  the  duty  of  the  Board  of  Commissioners  to  divide  the  city  into 
a  convenient  number  of  election  districts  or  precincts,  and  at  least 
five  daj's  before  any  election  shall  be  held  in  the  city,  the  Board  of 
Commissioners  shall  provide  for  a  polling  place  in  each  of  such  elec- 
tion districts  or  precincts,  and  shall  give  notice  for  not  less  than  five 
days  in  a  daily  newspaper  in  the  City  of  Tulsa  of  the  selection  of  such 
polling  places. 

28.  The  judges  of  election  shall  be  qualified  voters  in  the  city  and 
the  election  district  or  precinct  where  they  are  to  act,  and  all  election 
boards,  clerks,  judges  and  other  officers  of  elfection  shall,  as  provided 
for  in  the  general  election  laws  of  the  State  of  Oklahoma,  and  shall 
perform  the  duties  imposed  by  such  election  law;  provided,  that  the 
election  returns  shall  be  madeto  the  Board  of  Commissioners  of  the 
city,  and, the  duties  required  to  be  performed  by  the  County  Clerk 
shall  be  performed  by  the  City  Auditor,  and  the  duties  required  to  be 
Ijerformed  by  the  Board  of  County  Commissioners  shall  be  performed 
by  the  Board  of  Commissioners  of  the  City  of  Tulsa,  and  the  duties 
to  be  performed  by  the  Sheriff  shall  be  performed  by  the  Chief  of 
Police  of  the  City  of  Tulsa;  and  the  city  officers  are  hereby  required 
to  perform  the  various  duties  herein  provided  in  the  State  Election 
Laws  prescribed  for  the  county  officers,  in  whose  stead  they  act,  sub- 
ject to  the  same  penalties  and  provisions  prescribed  by  said  Election 
Laws  as  to  such  officers,  all  General  election  days  shall  be  holidays  in 
the  city. 

29.  Every  person  elected  or  appointed  to  any  office  in  the  City  of 
Tulsa  shall,  before  he  entei-s  upon  his  duties,  take  the  official  oath 
prescribed  by  the  State  Constitution,  and  such  additional   oaths  as  the 


C6  TULSA  CITY  CHARTER. 

board  of  Commissioners  may  prescrlue  to  secure  a  fafithful  performance 
of  duty. 

Any  officer  ceasing  to  possess  any  o  fthe  qualifications  required  of 
him  at  the  time  of  his  election  shall  thereby  vacate  his  office,  and  the 
same  shall  be  filed  as  herein  provided. 

30.  All  rules  and  regulations  and  ordinances  concerning  the  police 
and  fire  departments  of  the  City  of  Tulsa  in  force  when  this  act  goes 
into  eflfect,  and  which  are  not  in  conflict  with  this  act,  shall  be  and 
remain  in  force  until  altered,  amended  or  repealed  by  the  Board  of  Com- 
missioners; and  all  such  rules  and  regulations  and  ordinances  as  may 
be  in  conflict  with  this  act  are  hereby  repealed.  No  person  shall  be 
eligible  to  £\ppointment,  or  to  be  appointed,  or  serve  as  a  policeman, 
officer  of  police  or  fireman  of  the  City  of  Tulsa  who  shall  have  been 
convicted  of  any  offense,  the  punishment  of  which  may  be  confine- 
ment in  the  State  Penitentiary;  nor  shall  any  person  be  appointed  who 
is  not  shown  to  be  of  good  character,  or  who  can  not  read  and  write 
the  English  language,  or  who  does  not  possess  ordinary  physical 
t^trength  and  courage.  All  policemen  and  firemen  of  the  City  of  Tulsa 
s-hall  hold  their  positions  during  good  behavior,  and  shall  not  be  re- 
moved from  same  except  for  such  cause  as  in  the  opinion  of  the  Board 
of  Commissioners  renders  them  unfit  to  remain  in  the  service  of  the 
city,  and  after  written  notice,  giving  the  grounds  for  such  discharge 
or  removal  and  an  opportunity  to  be  heard  on  such  charges  or  reasons. 

The  Board  of  Commissioners  shall  have  the  authority  to  make  pro- 
vision for  the  care  and  sustenance  of  policemen  and  firemen  who  have 
been  disabled  while  in  the  active  discharge  of  their  duties  in  the 
service  of  the  city,  or  who  after  long  and  continuous  service  have  be- 
come, by  reason  of  old  age  and  infirmities,  incapacitated  to  discharge 
their  duties^  After  January  1,  1910,  all  policemen  and  firemen  who 
shall  have  served  continuously  for  te  nconsecutive  years  and  who  have 
not  been  found  guilty  of  any  charges  for  violation  of  any  of  the  rules 
of  said  department,  .shall  each  receive  as  salary  the  sum  of  $2.50  per 
month  in  addition  to  their  regular  salaries;  for  fifteen  years  of  such 
service,  $5  per  month  in  addition  to  their  regular  salaries;  for  twenty 
years  of  such  service.  $7.50  per  month  in  addition  to  their  regular 
salaries;  for  twenty-five  years  of  such  service,  $10  per  month  in  addi- 
tion to  their  regular  salaries. 

32.  It  shall  be  the  duty  of  the  Mayor,  as  soon  as  this  act  shall 
take  effect,  to  order  an  election  on  the  sixth  Tuesday  after  this  charter 
takes  effect,  at  which  election  a  Mayor,  City  Auditor  and  four  Com- 
missioners shall  be  elected  at  large  in  the  City  of  Tulsa.  If  for  any  rea- 
ion  the  Mayor  shall  fail  to  make  such  call  for  said  election  within  ten 
flays  after  this  act  becomes  a  law,  then  it  shall  be  the  duty  of  the 
County  Judge  of  Tulsa  County  to  issue  said  call  for  said  election  and  to 
rive  twenty  days'  notice  thereof.  Said  election  shallbe  held  according 
to  the  laws  of  the  State  of  Oklahoma  applicable  thereto,  except  where 
the  same  may  be  in  conflict  with  the  provisions  of  this  charter.  Tlie 
judges  and  clerks  of  said  election  shall  be  qualified  voters  of  the  City 
of  Tulsa,  and  shall  recei\'e  such  compensation  and   perform  such  duties 


TULSA  CITY  CHARTER. 


as  may  be  provided  by  law  and  ordinances  of  the  City  of  Tulsa.  In 
case  such  judges  so  appointed  fails  or  refuses  to  act,  or  in  case  no 
judge  of  election  appears  to  open  the  polls  the  attending  qualified 
voters  shall  appoint  such  officers,  who  shall  have  the  same  powers 
and  perfor  mall  the  duties  of  presiding  judges  of  election.  But  in  such 
cases  such  judges  shall,  in  their  return,  certify  that  the  judges  of  election 
acting  as  such,  were  duly  elected  by  the  electors  present,  naming  at 
least  three  such  qualified  electors  present  and  voting.  The  Mayor,  City 
Auditor  and  four  Commissioners  elected  at  said  election,  as  provided 
herein,  shall  hold  their  respective  offices,  perform  their  duties  and 
receive  their  pay  until  the  first  Tuesday  in  April,  A.  D.  1910,  and  until 
their  successors  are  elected  and  qualified.  There  shall  be  held  on  the 
first  Tuesday  in  April,  A.  D.  1910,  and  every  two  years  thereafter,  unless 
otherwise  provided  by  law,  a  regllar  election  for  a  Mayor,  City  Auditor 
and  four  Commissioners,  who  shall  perform  their  duties  and  discharge 
the  obligations  conferred  upon  them  by  this  act  and  who  shall  retain 
their  offices  for  two  years  and  until  their  successors  are  elected  and 
qualified. 

33.  It  shall  be  unlawful  for  any  person  to  incumber  or  obstruct 
any  street,  highway  or  grounds  of  the  City  of  Tulsa  with  any  posts, 
boxes,  lumber,  fences  or  with  anything  else.  Any  person  violating 
the  provisions  of  this  sectioTi  shall  be  subject  to  a  fine  in  any  sum 
in  the  Municipal  Court,  not  exceeding  two  hundred  dollars,  and  each 
and  every  day  that  any  obstruction  shall  exist  shall  constitute  a 
separate   and  distinct  offense. 

34.  No  officer  or  employe  of  the  City  of  Tulsa  shall  ever  accept, 
directly  or  indirectly,  and  gift,  favor,  privilege  or  employment  from 
any  public  utility  corporation  enjoying  a  grant  of  any  franchise,  privi- 
lege or  easement  from  said  city,  during  the  term  of  office  of  such  officer, 
or  during  employment  of  such  employe,  except  as  may  be  authorized 
by  law  or  ordinance.  Any  officer  or  employe  of  the  city  who  shall 
A'iolate  the  provisions  of  this  section  shall  be  adjudged  guilty  of  a 
misdemeanor  and  shall  be  imprisoned  in  the  county  jail  not  less  than 
three  months  nor  more  than  twelve  months,  or  shall  be  fined  not  less 
than  five  hundred  dollars  nor  more  than  one  thousand  dollers,  or  may 
be  punished  with  both  such  fine  and  imprisonment,  and  shall  be  sub- 
ject to  removal  from  office. 

3.5.  No  contract  shall  be  entered  into  by  the  Board  of  Commis- 
sioners until  after  an  appropriation  has  been  made  therefor,  nor  in 
excess  of  the  amount  appropriated,  and  all  contracts  shall  be  made 
upon  specifications,  and  no  contract  shall  be  binding  upon  the  city 
unless  it  has  been  signed  by  the  Mayor  and  countersigned  by  the 
Auditor,  and  the  expense  thereof  charged  to  the  proper  appropriation; 
and  whenever  the  contract  charged  to  any  appropriation  ecjuals  the 
amount  of  .said  appropriation,  no  further  contracts  shall  be  counter- 
signed by  the  auditor^ 

All  contracts  of  whatever  character,  pertaining  to   public  improve- 


68  TULSA  CITY  CHARTER. 

ments,  or  the  maintenance  of  public  property  of  said  city,  involving- 
an  outlay  of  as  much  as  five  hundred  ($500)  dollars,  shall  be  based  upon 
specifications  to  be  prepared  and  submitted  to  and  approved  by  the  Board 
of  Commissioners;  and  after  approval  bj^  the  Board  of  Commissioners, 
advertisement  for  the  proposed  work,  or  matter  embraced  in  said 
proposed  contract,  shall  be  made,  inviting  competitive  bids  for  the 
work  proposed  to  be  done,which  said  advertisement  shall  be  publisher 
in  a  daily  newspaper  not  less  than  five  times.  All  bids  submitted  shall 
be  sealed,  shall  be  opened  by  the  Mayor  in  the  presence  of  a  majority 
of  the  Board  of  Commissioners,  and  shall  remain  on  file  in  the  office 
of  the  City  Auditor  and  be  open  to  public  inspection  for  at  least  forty- 
eight  hours  before  any  award  of  said  work  is  made  to  any  competitive 
bidder. 

The  Board  of  Commissioners  shall  determine  the  most  advantageous 
bid  for  the  city,  and  shall  enter  into  contract  with  the  party  submitting 
the  lowest  secure  bid;  and  if,  in  the  opinion  of  the  Board  of  Commis- 
sioners, none  of  said  bids  are  satisfactory,  then  the  Board  of  Commis- 
sioners may  have  the  said  work  done  by  day  labor,  and  a  detailed 
statement  of  all  such  work  done  by  day  labor,  showing  the  cost  of  same, 
shall  be  filed  with  the  Board  of  Commissioners.  Pending  the  adver- 
tisement of  the  work  or  contract  proposed,  specifications  therefor  shall 
be  on  file  in  the  office  of  the  City  Auditor,  subject  to  the  inspection  of 
all  pai-ties  desiring  to  bid. 

36.  In  addition  to  all  powers  elsewhere  granted  in  this  charter,  the 
(l-ity  of  Tulsa  shall  have  power  to  prohibit  the  erection,  construction 
and  maintenance  of  oil  houses,  where  oil  is  stored,  or  oil  yards  in  any 
portion  of  the  city,  and  to  prohibit  the  erection  of  such'  oil  houses  or 
oil  yards  where  oil  is  stored  within  certain  distances  of  the  main  lines 
of  any  railroad,  and  to  prohibit  the  erection  and  location  of  oil  houses 
and  the  storing  of  same  in  any  pai't  of  the  residence  district  of  the 
city,  and  to  authorize  the  inspection  of  all  such  oil  houses  and  oil 
yards;  and  to  require  the  building  or  construction  of  oil  houses  out  of 
fire-proof  material.  To  require  the  construction  of  suitable  fire- 
escapes  on  or  in  hotels,  lodging  houses  or  other  buildings,  whether  now 
built  or  hereafter  to  be  built;  to  regulate  the  construction  of  all  passen- 
ger or  freight  elevators  used  in  buildings,  and  to  provide  fortheir  in- 
spection, and  to  pass  all  suitable  laws  necessary  for  the  safety  and 
protection  of  life  or  property  in  the  use  of  such  elevators;  to  regulate 
and  prohibit  the  construction  of  livery  stables  or  blacksmith  shops  in 
the  residence  portion  of  the  City  of  Tulsa;  to  prohibit  the  erection  or 
construction  of  any  building  or  structure  of  any  kind  within  the  City 
of  Tulsa  without  a  permit  first  having  been  issued  by  the  city  for 
the  construction  or  erection  of  such  building  or  structure,  and  to  au- 
thorized a  fe«  to  be  charged  for  such  permit;  to  authorize  the  inspection 
by  the  city  of  all  buildings  or  structures  during  the  progress  of  their 
construction,  to  require  that  all  buildings  shall  be  constructed  in  con- 


TULSA  CITY  CHARTER.  69 

formity  to  the  building  regulations  which  maj^  exist  in  said  city,  or 
which  shall  hereafter  be  passed. 

37.  The  Board  of  Commissioners  shall  have  power  to  summon  and 
compel  the  attendance  of  witnesses,  and  the  production  of  books  and 
papers  before  them  whenever  it  may  be  necessary  for  the  more  ef- 
fective discharge  of  their  duties.  All  process  shal  Ibe  signed  by  the 
Mayor  and  attested  by  the  City  Auditor,  and  shall  be  served  by  the  Chief 
of  Police  or  any  police  officer  of  the  said  city. 

38^  In  the  event  any  part,  article,  section  or  subdivision  of  this 
act  shall  be  held  to  be  unconstitutional  or  invalid  for  any  reason,  such 
jiolding  shall  not  be  construed  to  invalidate  or  impair  the  remainder 
of  the  act,  but  the  same  shall  continue  in  full  force  and  effect  notwith- 
standing such  holding. 

39.  Whenever  any  power,  authority  or  right  is  conferred  herein 
upon  the  City  of  Tulsa,  or  upon  the  Board  of  Commissioners,  and  pro- 
visions are  incorporated  herein  for  the  exercise  thereof  in  different  ways, 
each  of  such  provisions  shall  be  held  and  construed  to  be  cumulative 
of  the  other  referring  to  the  same  subject,  and  in  such  cases  the  Board 
of  Commissioners  shall  be  empovvei'ed  to  use  its  own  discretion  with 
respect  to  which  of  such  powers  it  shall  exercise. 

40.  All  elections  for  the  approval  or  rejection  of  bond  issues, 
the  granting  of  franchises  and  the  levying  of  special  taxes,  wherein 
such  matters  shall  be  submitted  to  a  vote  of  the  taxpayers  of  the  city, 
shall  be  held  at  a  general  or  special  election  in  said  City  of  Tulsa,  and 
the  elections  held  to  elect  members  of  the  Board  of  Commissioners  shall 
be  the  only  elections  in  said  City  which  shall  be  denominated  general 
elections. 

41.  Within  six  months  after  the  taking  effevt  of  this  charter,  the 
Board  of  Commissioners  shall  make  a  settlement  with  the  School  Board 
of  the  School  District  of  Tulsa,  and  shal  Ipay  over  to  the  treasurer  of 
said  board  any  and  all  funds  belonging  to  said  school  district,  remain- 
ing in  the  hands,  or  under  control  of  the  Board  of  Commissioners  of 
the  City  of  Tulsa;  and  shall  make,  execute  and  deliver  to  the  said 
school  board,  a  deed,  or  deeds,  of  any  and  all  school  property,  belonging 
to  the  said  school  district,  which  may  now  be  in  the  name  of  the  City  of 
Tulsa;  upon  the  school  board  assuming  and  agreeing  to  pay  any  and  all 
outstanding  indebtedness  which  has  been  incurred  for  and  in  behalf 
of  the  said  school  district,  together  with  all  bonds  issued  for  the  pur- 
pose of  building  school  buildings  or  purchasing  land  therefor;  and 
said  board  of  Commissioners  are  hereby  authorized  to  make  any  and 
all  settlements  with  the  said   school  board  in  regard  to   said   property 


70  TULSA     CITY  CHARTER. 

or  in  regard  to  said  indebtedness  which  may  be  necessary.  The  Board 
of  Commissioners  shall  establish  by  ordinance,  a  schedule  of  fees  for 
services  to  be  performed  by  the  city  officials,  agents  and  employes, 
and  all  such  fees,  when  collected,  shall  be  paid  into  the  city  treasury, 
and  no  part  thereof  be  retained  by  the  officials,  agents  or  employes  of 
the  city. 

42.  Upon  the  taking  effect  of  this  charter  by  the  approval  thereof 
by  the  Governor  of  the  State  of  Oklahoma,  all  the  duties  and  powers 
conferred  upon  the  Mayor  in  this  charter  shall  be  devolved  upon  and 
be  performed  by  the  present  Mayor  of  the  City  of  Tulsa,  until  the 
Mayor,  as  provided  for  in  this  charter,  is  elected  and  qualified;  and  all 
the  duties  and  powers  conferred  upon  the  members  of  the  Board  of 
Commissioners  under  this  charter,  shall  be  performed  by  the  present 
members  of  the  City  Council  of  the  City  of  Tulsa,  until  the  election  of 
a  Board  of  Commissioners  as  herein  provided,  except  as  hereinafter 
provided  as  follows: 

That  all  the  duties  and  powers  conferred  upon  the  City  Auditor 
shall  be  conferred  upon  and  be  performed  by  the  present  city  clerk 
of  the  City  of  Tulsa,  and  all  the  powers  and  duties  conferred  herein 
upon  the  City  Auditor  shall  be  performed  by  the  city  clerk  until  a 
City  Auditor  is  elected  and  shall  qualify  as  herein  provided;  and  all  of 
the  duties  and  powers  conferred  upon  the  commissioner  of  finance  and 
revenue  shall  be  performed  by  the  city  collector  and  the  city  assessor, 
as  the  said  offices  are  now  filled  in  the  City  of  Tulsa,  until  the  Board 
of  Commissioners  are  elected  and  shall  qualify  under  this  charter. 
Provived  further,  that  all  of  the  duties  devolving  upon  the  Commis- 
sioner of  Police  and  Fire  Department  shall  be  performed  by  the  Chief 
of  Police,  who  shall  have  jurisdiction  over  the  police  department  for  the 
city,  and  by  the  chief  of  the  fire  department,  who  shall  have  jurisdic- 
tion over  the  fire  department  of  the  City  of  Tulsa  until  the  Board 
of  Commissioners  are  elected  and  qualified  under  this  charter. 

Provided,  further,  that  the  duties  devolving  upon  the  municipal  judge 
under  this  charter  shall  be  performed  by  the  present  police  judge  until 
the  Board  of  Commissioners  are  elected  and  shall  qualify  as  provided 
for  in  this  charter,  and  until  his  successor  is  appointed  and  shall  qualify, 
and  provided  that  the  present  City  Attorney  of  the  City  of  Tulsa  shall 
do  and  perform  all  the  duties  of  the  City  Attorney  under  this  charter, 
until  a  Board  of  Commissioners  are  elected  and  shall  qualify,  as  pro- 
vided herein,  and  until  his  successor  shall  be  appointed  and  shall 
4ualify;  provided,  further,  that  all  other  officers  shall  hold  office  until 
the  election  of  a  Board  of  Commissioners  under  this  charter,  and  until 
their  successors  are  elected  or  appointed  and  shall  qualify. 

CERTIFICATE. 

We,  the  undersigned,  being  more  than  a  majority  of  the  Board  of 
Freeholders,  elected  at  a  duly  and  legally  called  election,  held  in  and 
for  the  City  of  Tulsa,  on  the  fourth  day  of  February,  1908,  said  election 
being  called  for  the  purpose  of  electing  two  freeholders  from  each  ward  in 
the  City  of  Tulsa  for  the  purpose  of  framing  a  charter  for  the  City  of  Tulsa 


TULSA  CITY  CHARTER.  71 

to  be  submitted  to  the  voters  of  the  said  City  of  Tulsa,  do  hereby  certify 
that  the  within  and  foregoing  is  the  original  charter,  adopted  by  us, 
to  be  submitted  to  the  people  of  the  City  of  Tulsa  for  approval,  and 
that  all  interlineations  therein  contained,  and  all  the  erasures  and  words 
stricken  out,  were  made  and  done  before  the  same  was  signed  by  the 
President  and  Secretary  of  said  Board  of  Freeholders  and  by  the  mem- 
bers thereof. 

IN  WITNESS  WHEREOF,  we  have  hereunto  executed  the  foregoing 
charter  in  duplicate  this  30th  day  of  April,  1908. 

JOHN    B.    MESERVE, 
President  and  Member  from  Fourth  Ward. 

L.  J.  MARTIN, 
Secretary  and  Member  from  Fourth  Ward. 

JOHN   H.   MYERS, 
Member  of  the  Board — First  Ward. 

JAMES  H.  THOMAS. 
Member  of  the  Board — First  Ward. 
ALFRED  M.  KRUG, 
Member  of  the  Board — Second  Ward. 
JAMES'    McCANN, 
Member  of  the  Board — Third  Ward. 

Filed  with  W.  E..  Rhode,  Mayor  of  Tulsa,  Oklahoma,  May  2nd.  1908. 

W.   E.   ROHDE. 


.1 

4 

2 

11 

2 

9 

2 

19 

2 

16 

2 

7 

2 

36 

2 

20 

2 

9 

2 

11 

3 

16 

2 

5 

2 

4 

INDEX 

TULSA  CITY  CHARTER 


Article.  Section. 
Additional  Territory— how  added 

Alleys — Re-opened — no  expense  to  city 

Animals— City  may  restrain.  Sell,  Destroy  When Pol.  Dept. 

Cruelty  to,  Prohibited Pol.  Dept. 

Driving  Into  or  Through  City Pol.  Dept. 

Dead — no  burial  in  City  limits Helth  Dept. 

In  City — keeping  may  be  prohibited Pol.  Dept. 

Left  unhitched  in  street— pvmishment Pol.  Dept. 

Slaughter  of  in  City — may  be  prohibited Health  Dept. 

Slaughter  of — City,  Inspection,  Regulation Health  Dept. 

Appropriations — Limitation  on 

Arkansas    River — Protection    of   water    and    water    shed,    etc. 

Health  Dept. 

Ashes,  Trash,  Filth,  etc. — Removal  of Fire  Dept. 

Auditor,  City — 

Acts  as  Secretary  Board  of  Commissioners,  Duties 4  4 

Duties,   Salary,  Bond 4  4 

Qualifications    3  5 

Vacancy,  how  filled,  salary 3  24 

When  elected,  term,  etc 4  3 

Auctioneers,  Etc. — May  regulate,  etc Pol.  Dept.  2  12 

Automobiles,    Motor    Cars,    Etc. — May    regulate,    use,    speed, 

lighting,  nuinbering;   must  have  permit Pol.  Dept.  2  30 

Awnings,  Porches,  Etc. — May  remove,  etc Mun.  Serv.  2  4 

Bakers — May  regulate,   weight,  quality  and   price  of  bread. 

Pol.  Dept.  2  8 

Barns — Livery — Regulation,  location,  etc 11  36 

Bawdy  Houses,  etc. — Prohibition,  segregation,  etc.__Pol.  Dept.  2  4 

Basements,  Stairways,  etc. — May  regulate Mun.  Serv.  2  12 

Beggars,  Diseased  Persons,  etc. — On  streets,  may  prohibit 

Pol.  Dept.  2  13 

Bells,  Whistles  and  Noises— May  prohibit Pol.  Dept.  2  12 

Births,  Deaths,  etc. — Registration,  regulations Health  Dept.  2  2 

Blacksmith  Shop— May  control,  etc Health  Dept.  2-11         10-36 

Bonds — May  create  sinking  fund Revenue  2  4 

Cost — Appeal — City  not  required  to  give 11  10 

Tax  levy  to  pay — City  to  make 3  19 

Bond — Auditor  to  give 4  4 

Bond  of  Commissioners  to  give . 3  10 

City  Treasurer  to  give 3  10 

Mayor  to  give — amount 3  10 

Brewery — City  may  control,  etc Health  Dept.  2  10 

Bridges — City  may  build,  etc ■ Mun.  Serv.  2  4 

Boundaries — City — Defined 1  2 

Buildings— May  destroy  or  remove  when Health  Dept.  2  3 

Condition — may  regulate  and  inspect Pol.  Dept.  2  32 

Doors,  Windows,   Stairways — May  regulate,   when 

Fire  Dept.  2  5 


Article.  Section. 
Fences,   etc.,   may   tear   clown,   remove,    when,   cost,    lien, 

penalty,  etc. 11  12 

Inspection — Authority  to  make Fire  Dept.  2  8 

Permit  for  may  require 11  36 

Scuttles  in  Roof — Sairs — Ladders — May  require-Fire  Dept.  2  7 

Unsafe  condition — City  power  over Fire  Dept.  2  4 

Burial  Grounds,  Cemeteries,  Etc. — 

May  regulate — May  prohibit  when — may  condemn,   close 

and  remove  bodies — Cost — Who  to  pay Health  Dept.  2  1 

May  acquire  land  for,   how — Platting — Sale — Conveyance 

of  lots — Title  vested— What— Control Health  Dept.  2  1 

Burial,  Dead — City  may  regulate Health  Dept.  2  2 

Butchers — May  license,  regulate,  etc Health  Dept.  2  9 

Board  of  Commissioners — Article  3. 

Board  of  Commissioners — City  powers  exercised  by — except--  3  1 

Action  affecting  department  of  absent  members 3  14 

AdoiJtion  of  what  ordinances — Limitation 3  11 

Adoption  of  rules  of  procedure,  etc.,  to  be  judge  of  elc- 
tion  and  qualifications  of  members^Mayor  andother 
officers — May  recount  votes  and  correct  same,  when —  3  22 
Appi'opriations— Amount — When    made — Contingent — Es- 
timate— When  malfeasance  to  make 3  16 

Board  of  Appeals  and  Equalization 4  8 

Books,  Witnesses,  etc. — May  compel  production  of  when 

process,  etc. 11  37 

Charter  powers — Subject  to  what 3  25 

Confirm  appointments 3  6 

Control  City's  finances 3  19 

Debts — Power  to  fund  and  refund — How 3  20 

General  control  of  City  Departments 3  13 

How  composed — Chosen  how — Devote  entire  time 3  1 

May  punish  for  contempt,,  when 3  22 

May  provide  for  necessary  officers,  employes,  etc.,  fix  pay 

of,  etc.,  how 4  7 

Meetings — When    and    where    held — Special — Call    foi- — 

Quorum — Majority  of  quorum,  when  sufficient 3  14 

Members  not  to  be  employed  by  whom 3  21 

Members  not  to  be  interested  in  what  contracts,  penalty —  3  21 

Members  not-to  become  surety  for  whom 3  21 

Members — Qualifications.   3  5 

Members — Assignments — When — May      be      transferred — 

Responsible  for  what— Salary 3  8 

Member — Audit    is    his    accounts — Failure    of — Action    by 

Board 3  9 

Member  to  give  bond — Amount 3  10 

Sessions  to  be  public 3  14 

Tax  levy — General,  when  made — Special,  when  made 3  17 

Tax  levy  to  pay  bonds  and  indebtedness 3  19 

Vacancy  in— How  filled 3  24 

When  elected — How  designated  and  voted  for 3  2 

Breaches  of  peace,  assaults,  etc.,  may  prevent Pol.  Dept.  2  16 

Citj' — General  Power  of — Article  IL — 

Body   politic 2  1 

Departments  of — 

Commissioner     of     Finance     and     Revenue — Powers, 

duties,  etc.  3  8 

Police  and  Fire  Department — Powers,  duties,  etc 3  S 

Streets  and  Public  Property — Powers,  duties,  etc 3  8 

Water  Works  and  Sewers — Powers,  duties,  etc 3  8 

May  contract,  sue.  etc.;  hold  land,  etc.;  may  sell  same 2  1 

Property  for  public  use — May  condemn 2  1 


Article.  Section. 

Property — Vester  right.s,  etc. — Not  affected  by  Charter___  2  3 

Public  service — May  perform 2  1 

Census — City  may  take — Commissioner  of — Appointment 11  4 

Charter — When  no  charter  provision — What  law  governs 11  22 

Powers  conferred — Cumulative  when — Exesice  of,  how 11  39 

Until  Charter  election — Powers  conferred  on  whom 11  42 

Void  provisions — How  affects 11  38 

Chairties — CommissiOin    of — Members    of   how   appointed 

Health  Dept.  2  16 

Chimneys,    Stoves,    etc.^Dangers    from — Prevented    how 

Pol.  Dpt.  2  29 

Closets,  Sanitary,  Public — May  be  provided Mun.  Dept.  2  10 

Cocaine,  Opium,  Morphine,  etc. — Sale  of  same Pol.  Dept.  2  22 

Condemnation — Lands — How  mad  e Mun.  Serv.  2  3 

Contageous     Disease — Regulations — Where     enforced — Terri- 
tory   Health  Dept.  2  4 

Coal — May  inspect  and  weigh Health  Dept.  2  11 

Contracts — Execution  by  City;  how 11  7 

City — Made  when  only — Appropriation — Limit 11  3.5 

City— For  over  $500;  how  let;  bids 11  3.5 

City  officers  must  not  be  interested  in 3  21 

Contractors — Bonds,  securities,  qualification 11  20 

Convicts — State,  not  to  be  employed  in  City 11  24 

Daries — Inspection  of Health  Dept.  2  S 

Dairy   products — Sale   regulated — May   provide   penalty 

Health  Dept.  2  8 

Damages — Injuries,  defects,  natice,  liability  City 11  9 

Change  of  street  grade;   when 9  3 

For  public  Use;  how  ascertained Mun.  Serv.  2  11 

Day — What  is;  hours;  exception 11  2 

Dead— Burial  of Health  Dept.  2  2 

Deaths — Reports  of  by  whom Health  Dept.  2  2 

Distillery — City  may  control,  etc Health  Dept.  2  10 

Dogs — May  tax,  restrain,  destroy Health  Dept.  2  10 

Dram  Shops — Prohibited Pol.  Dept.  2  3 

Dance  Houses — City  control  over Pol.  Dept.  2  2 

Drinking — Places  prohibited;  what Pol.  Dept.  2  3 

Departments — ^Heads  of — Reports;   to  whom,  when  made 3  16 

Electors — Who  are;    qualifications 11  17 

Elections — What  are  general 11  40 

Bond,  special  tax,  etc.;  held  when 11  40 

Candidates — Names  on  ballot;  how;  Auditor 3  2 

First  under  Charter;  when  held;  call;  notice 11  32 

How  governed;    what  laws 3  4 

How  held;  general;  law;  Charter 11  27 

Independent  Candidates;  how  placed  on  ballot 3  3 

Judges,  clerks,  duties — Auditor,  duties — Board  of  Com- 
missioners, duties — Chief  of  Police,  duties— Day  gen- 
eral holiday 11  28 

Majority  vote   necessary;    failure   to    elect;    proceedings; 

second  election 3  2 

Mayor  and  other  officers;   when  held : 3  2 

Primary;   how  held 3  3 

Tie  vote  second  election;  how  decided 3  2 

Who  candidates  at  second  election 3  2 

Electric  Lighting — • 

City  may  own  plant,  etc Mun.  Serv.  2  1 

City  may  grant  right  to  erect;  time  of,  etc Mun.  Serv.  2  14 

City  may  regulate  charges Franchise  2  19 

Employes — City — Salary;  how  Hxed;  exception 3  13 

Engineers — City  may   prescribe  qualifications,   rules,   etc 

Pol.  Dept.  2  31 


Article.  Section. 

Engines — Use  of  bells,  whistles,  etc.;    may  regulate,   etc 

Pol.  Dept.  2  14 

Extortion — May  be  punished Pol.  Dept.  2  6 

Locomotive — Speed  regulation Pol..  Dept.  2  14 

Explosives — Combustibles,   etc.,   storage,   etc.,   may  rsgulate 

' Fire  Dept.  2  1 

Exemption — Taxes;  manufacturing;  establishments;  time  of_ll  26 

Factories,  etc. — Location;  may  regulate,  etc Fire  Dept.  2  2 

Fees — Officers  and  employes;  fixed  how^ 11  41 

Fines — Penalties;  how  remitted;  by  whom 11  18 

Finances — City;  controlled  by  whom;   special  funds 3  19 

Fireworks,  etc. — Maj'  prohibit  or  regulate Pol.  Dept.  2  11 

Arms  and  weapons — may  regulate;  punishment_Pol.  Dept.  2  26 

Companies — May  organize,  etc.,  and  pay Fire  Dept.  2  2 

Department — May  establish Fire  Dept.  2  1 

Engines  and  apparatus;  city  may  procure. Fire  Dept.  2  2 

Escapes — May  require  when Fire  Dept.  11-2  36-6 

Limits — Buildings  in;  may  prescribe  materials,  etc 

Fire  Dept.  2  1 

Limits — Buildings    damages,    dilapidated,    etc.,    may    re- 
move   Fire  Dept.  2  6 

Limits — May  prescribe Fire  Dept.  2  1 

Firemen — Who,  eligible;     disqualifications 11  30 

Disabled — City  may  care  for  when 11  31 

Tenure  of  office;   removal,  how;   charges,  hearing 11  30 

When  service  entitles  to  increase  of  pay 11  31 

Filthy  Substances — Not  to  be  buried  where Health  Dept.  2  7 

Fish,   Flour,  Food,   Drinks,   etc. — Regulation;    inspection 

Heealth  Dept.2  11 

Fruit — Sale  of;  may  regulate Health  Dept.  2  9 

Fuel — City  may  inspect  and  measure Health  Dept.  2  11 

Franchises — City  may  grant;   for  what;   limitation Franch.  2  1-2 

Bonus;  amount;  how  fixed;  when  paid Franch.  2  -5 

Bonus — Payments  of;   lien  created;   forfeiture  of 7  6 

City    may    not    grant    exclusive;    right    to    regulate 

Mun.  Serv.  2  14 

Cit5^  may  regulate  charges,  rates,  etc Franch.  2  6 

Election;   general;   special;   notice Franch.  2  4 

Gross  receipts;    how  determined;    city  may  terminate 

Franch.  2  .5 

Garnishment— City  not  liable  to 11  11 

Holders;   hearing;   notice,  etc Franch.  2  6 

Holders  production   of  books,   stocks,   bonds;    when   con- 
sidered   Franch.  2  6 

Holders — Failure  to  maintain  streets,  make  repairs,  etc., 
or  perform  duty;   written  notice  to;    forfeiture;    pen- 
alty, etc. 7  .5 

Xo  forfeiture  clause;  effect;  implied  by  Charter 7  6 

Not  exclusive;   not  extended  when;  limitation Franch.  2  3 

Xot  granted  or  renewed;  except;  time  limit Franch.  2  4 

Option  to  city  to  buy  property;  when;  vote;  notice_Franch.  2  8 
Ordinances  granting;   terms;   subject  to  Charter  pro- 
visions   Franch.  2  9 

Public    utility;    City    may    condemn    property;    shall    not 

pay  for  franchise Pub.  Serv.  2  1 

Valuation    of    property;    arbitration;     bond    of    Commis- 
sioners    Franch.    2  8 

Street    Railway;     terms    and    conditions;     cars    of    other 

companies;  right  to  use  of  track;  terms;  conditions 

Franch.  2  10 

Voters  may  petition  for  granting  of;    election,  notice 


Article.  Section. 
Franch.   2  8 

Voters  may  petition;  how;  election;  notice Franch.  2  4 

Gambling^Houses — City  may  suppress;  penalty Pol.  Dept.  2  7 

Gas — City  may  inspect  and  measure Health  Dept.  2  11 

And    Electric    Light    Works — May   grant    right    to    erect; 

time,  etc. , Mun.  Serv.  2  14 

Companies — City  may  regulate  charges Pol.  Dept.  2  7 

Plant — City   may   construct,   own   and    operate,    etc 

Mun.  Serv.  2  1 

Tanks  and  reservoirs — City  may  regulate.  etc_Health  Dept.  2  12 

Glue  Factories,  etc. — City  may  regulate,  etc Health  Dept.  2  12 

Guagers — City  may  appoint Health  Dept.  2  11 

Grades — Street — City  may  establish,  change,  etc 9  3 

Hay — City  may  inspect  and  weigh Health  Dept.  2  11 

Health — Public,  General — May  make  regulations_Health  Dept.  2  3 

Health — Board  of — To  be  created Health  Dept.  2  15 

Bond  of;  members;  how  chosen Health  Dept.  2  15 

Power  to  protect 2  2 

Hospitals — Private — May  prohibit,  regulate,  etc Mun.  Serv.  2  3 

Public — City  may  provide Mun.  Serv.  2  3 

Hide  Houses — City  may  control  etc Health  Dept.  2         10-12 

Horse  Racing — Fast  driving,  etc.,  prohibited Pol.  Dept.  2  18 

Hotels,  etc. — May  regulate Pol.  Dept.  2  6 

House  of  Correction — May  establish Pol.  Dept.  2  33 

Holiday— Election  day;  legal Pol.  Dept.  11         28 

Improvements — Local — No     property     exempt     from     assess- 
ments for 11  5 

Indebtedness — Sinking  fund  to  be  created 3  16 

City  may  fund   or  refund   same;    interest  rate;    may  re- 
tire bonds 3  20 

May  borrow  money  for  street  improvements 9  12 

Sinking  funds— Must  not  be  diverted 11  21 

Interest — Funds — Must  not  be  diverted 11  21 

Initiative  and  Referendum — Charter  powers  of  Board  of  Com- 
missioners subject  to 3  25 

Indebtedness — Limitation  of;  how  incurred Revenue  2  2 

Interest — Board     of     Commissioners     to     provide     for     pay- 
ment of 3  16 

Inspectors — City  may  appoint Health  Dept.  2  11 

Inspection — Power  over  premises;  penalties Health  Dept.  2  13 

power  over  persons Mun.  Serv.  2  3 

Ice — May  inspect  and  weigh Health  Dept.  2  11 

Judgments — Tax  levy  to  pay;  when Revenue  2  4 

Judge — Municipal  Court;   appointment 4  2 

Municipal  Court;  qualiflcations,  pay,  etc 4  5 

Jurisdiction — Territorial;    City Health  Dept.  2  14 

Police;   where  extends Mun.  Serv.  2  3 

Libraries — Public — May  provide;    annual   appropriation   for 

Libraries — Public — May  provide;  annual  App.  for Mun.  Serv2  8 

Life — Power  to  protect ' Health  Dept.  2  2 

Licenses — City — Not  assignable;  except Pol.  Dept.  2  23 

Liens — Mechanics,  etc.;   none  against  City 11  19 

Tax — see  Taxes — public  improvements,  etc. 

Labor — Day — Length  of;    except;    pay  for  overtime 11  2 

Lotteries,  Drawings,  etc. — May  prohibit Pol.  Dept.  2  7 

Lumber — Building  materials,  etc;  storage,  etc Fire  Dept.  2  1 

Yards,  etc;   regulated,  etc 2  32 

License — When  may  be  revoked 11  15 

Mayor — How  chosen;  conservator  of  the  peace,  etc 3  1 

Attend  tax  sale,  or  delegate  agent 16  IS 


Article.  Section. 
Chief  executive;    powers,  duties;    make  .nominations;    no 

vote  when 3  6 

Ex-officio   President    of    Board    of    Commissioners;    has 

power  of  member,  ex 3  1 

Must    not    be    interested    in    City    contracts,    nor    become 

surety  for  contractor 3  21 

Not  to  be  in  employ  of  franchise-holder;  penalty 3  21 

Recommendations;  annual  budget;  when  submitted 3  15 

Report  of  Board  of  Commissioners;   when;   recommenda- 
tions by 3  16 

Salary 3  6 

To  appoint  judges  of  Mun.  Court  and  City  Att'y;  when 4  2 

To  appoint  City  Treasurer;  when 4  7 

To  appoint  Park  Board 5  1 

To  give  bond;  amount 3  10 

To  order  election  when 11  32 

To  sign  ordinances,  etc.;   veto;   effect  of;   failure  to  sign 

and  return;   effect ^ 3  12 

Vacancy;  election  when;  notice;  no  election  when 3  7 

When  first  elected;  when  thereafter 3  2 

Mayor  Pro  Tem. Elected,  how,  when;   powers  and  duties 3  6 

Performs  Mayor's  duties;   when;   compensation 3  7 

Manufacturing    Concerns — Not    pollute    waters    of    Arkansas 

River Health  Dept.  2  5 

City  may  exempt  from  taxes ^ 11  26 

Markets — May  operate,  own,  etc ^ Mun.  Serv.  2  9 

Meat — Fresh;  inspection;  regulation  of  sale  of Health  Dept.  2  9-11 

Milk  Cows — Milk;  may  inspect Pol.  Dept.  2  8 

Minors — May  be  kgpt  off  streets;    when 11  25 

Municipal    Property — City    may    acquire;     how;     sell    same, 

etc. Mun.  Serv.  2  2 

Nuisance — City  may  abate 2  2 

Buildings — City  may  declare  when;  abatement_Fire  Dept.  2  1 

City  may  define,  abate,  punish  for Pol.  Dept.  2  28 

May  abate Mun.  Serv.  2  3 

Occupations — May  license,  tax  and  regulate Pol.  Dept.  2  23 

May  require  bond Pol. Dept.  2  23 

Officers— Term  defined;  bond 6  18 

By  whom  nominated;  confirmation Pol.  Dept.  3  6 

City  Attorney — Cannot  be  discharged 3  13 

City  Attorney — Vacancy;    how  filled;    salary 3  24 

City  Attorney — When  nominated;   how  confirmed,  duties, 

etc. 4  1 

Clerk  Municipal  Court — Deputies;    salary;    duties 4  2 

Elective — City  Attorney,  Judge — How  removed 4  6 

Judge  Municipal  Court — Cannot  be  discharged 3  13 

Judge  Municipal  Court — How  filled;   salary 3  24 

Judge  Municipal  Court — Appointment;  term;  salary 4  2-5 

Judge  Municipal  Court — Qualification;   salary 4  2-5 

Mayor  to  nominate  when;    failure  to  co.nfirm  may  make 

temporary  appointment;   new  nomination 3  13 

Not  to  be  employed  by  franchise  holders;  penalty 3  21 

Not  to  accept  gifts,  etc.;  when;  penalty 11  29 

Not  to  be  interested  in  City  contracts 3  21 

Not  to  become  surety  for  contractors 3  21 

Treasurer — How,   when   appointed;    bond;    duties;    state- 
ment; when,  to  whom  rendered;  salarj- 4  7 

Offices — Vacated  when;   oath 11  29 

City  may  create,  abolish,  etc Mun.  Serv.  2  15 

City  may  create,  fix  salaries,  terms,  etc. 3  13 

Ordinances — Must  conform;  to  what  law 2  2 

Adoption  of;   approval;   veto;   effect;   procedure 3  12 


Article.  Sectior.. 

In  force  when  Charter  approved;  haw  affected 8  5 

In  force  when  Charter  approved;  validity 8  6 

May  be  codified;  when 8  3 

Passage;  votes  necessary 3  14 

Passed     how;     enrollment;     comi^ared;     corrected;     pub-.   . 

lished;   how S  1-4 

Printed  boolvs;  how  are  then  treated;  title 8  1 

Revised;    digested;    printed   in    book;    need    not    be   pub- 
lished  :„ 8  1 

Resolutions,  etc. — Adoption  of;   take  effect  when 3  12 

Style  of;   caption 8  2 

Veto,  appropriations;   veto  of  items;   passed  over  veto; 

when 3  12 

Veto;  when  can  be  considered 3  12 

Oaths — Who  may  administer 3  23 

Parks,  etc. — City  may  regulate,  etc Mun.  Serv.  2  3 

Park  Board — How  composed;   when  appointed 5  1 

Funds — Where  deposited;  how  paid  out 5  2 

Guards — Comp.,  Removal,  etc 5  5 

Members — Qualifications;    no  compemsation 5  5 

Property — How  acquired;    jurisdiction 5  1 

Rules  and  Reg. — May  adopt;  Prest.  of  Board;  reports 5  3 

Tax  levy  for  Parks,  etc 5  4 

Platting  Property __   1  3 

Pawnbrokers,  et.  al. — May  regulate  and  licen.'^e Pol.  Dept.  2  25 

Poll  Tax— Levy;  list Rev.  2  5 

Powers  of  City — Limitations 2  2 

Police  Department Sub.  Div.  2  3 

Policemen — Duties,  conduct,  etc Pol.  Dept.  2  1 

Police  and  Fire  Commissioner^owers,  duties 3  S 

Department — Ordinances  not  repealed 11  30 

Policemen — Who  eligible;   disqualification;   tenure;   removal__ll  30 

Disabled;  City  may  care  for;  increased  pay;  when 11  31 

Poles — Telephone,   telegraph,   electric   light,    regulation;    may 

compel  laying  of  wires  under  ground 7-2  4-32 

Prison — City  to  provide Pol.  Dept.  2         27-33 

Prize  Fighting  and  Cock  Fighting  prohibited Pol.  Dept.  2  25 

Process — Writs;  runs,  how;  served,  how 11  14 

Private  Ways — May  be  closed Mun.  Serv.  2  4 

Privies,  Sinks,  etc. — To.be  kept  clean Health  Dept.  2  6 

City  to  clean;  charge Health  Dept.  2  12 

Provisions — Sale;   inspection Health  Dept.  2  11 

Public  Peace — Breaches  of,   etc.,  punished  for Pol.   Dept.  2  "    16 

.  Amusements — May  regulate,  etc Pol.  Dept.  2  2 

Buildings,  etc  under  Charter 2  3 

Buildirgs,    Grounds   and    Improvements — City    may    pro- 
vide   Mun.   Serv.  2  3 

Gi'ound.s — May  establish,  regulate,  etc Pol.  Dept.  2  9 

Indecencies — May  prevent;  punisli Pol.  Dept.  2  2 

Property —     Exempt  from  levy  for  debt 11  11 

Property — City  may  own  land,  etc.;  may  condemn 2  1 

Property — May  condemn,  outside  or  inside  City. Mun.  Serv.  2  3 

Property — Power  to  protect . 2  2 

Property — Suits,    rights,    contracts,    etc.;     no    change    by 

Charter   2  3 

Service  Concern.s — City  may  regulate  charges,   tolls,   etc. 

Fran.  2  J9 

Service — Concerns  to  make  reports Fran.  2  6 

Service — May  demand  competent  service Mun.   Serv.  2  1 

Service  or  Enterprise — City  may  engage  in Mun.  Serv.  2  1 

Service  Concerns — May  use  each  other's  tracks,  polls,  etc.; 

rental  fixed,  how Fran.  2  20 


Ai-ticle.  Section. 

Service — City  may  order 2  1 

Utilities — City  may  condemn  and  acquire,  how.Mun.  Serv.  2  1 

Property — Private — Liable   for  taxes,   how 11  3 

City  may  appropriate,  how;  compensation,  by  whom  paid, 

how  paid,  etc. 7  3 

Quarantine — Jurisdiction,  territory Health  Dept.  2  14 

Quorum — What  is 3  14 

Rates — Transportation;  may  establish Pol.  Dept.  2  6 

Charges,   etc.,   by  franchise  holders;    City  may  make 

Franch.  2  6 

Water  Works,  service,  whem-  fixed Mun.  Serv.  2  3 

Railroad  Tracks — Abandoned;  removed,  when Pol.  Dept.  2  17 

Gates  and  Flagmen — Street  crossings Pol.  Dept.  2  34 

Engines,    Cars,    Depots,    Grounds — City    may    regulate. __ 

Pol.  Dept.  2  34 

Interurban — grant  by  Ordinamce;  vote Franch.  2  13 

Interurban — May  grant  use  of  streets  to Franch.  2  12 

Interurban — Ordinance,   condition,   etc Franch.  2  14 

Interurban;    defined Franch.  2  11 

Interurban — Which  Charter  provisions  apply Franch.  2  15 

Steam,  Electric,  Interurban — Control;,  duties;    when  may 

occupy  improved  street 2  17 

Steam — May    use    streets,     etc. ;  conditions,     limitations.. 

Franch.  2  16 

Street  and  Interurban — Service  required;  fare;  rate  of 2  18 

Reformatory — May  be  established Pol.  Dept.  2  33 

Rendering  Establishments — May  regulate Health  Dept.  2  12 

Revenue — May  levy  taxes;  limit  of  taxation 2  ,  1 

Recall — Officers — May  be  removed,  how:  procedure 10  1 

Petition  signers;   Auditor's  duties 10  1 

Election — Ordered,  when,  by  whom 10  2 

Notice;   conducted  how;   majority  necessary 10  3 

Second — "\\hen;   who  may  be  candidates;   incumbent  fail- 

ia-g  in  election,  removed 10  3 

Salaries — City   may    fix,    when Mun.    Serv.  2  15 

Sewers — Public  and  Private — How  constructed;  tax  levy 7  2 

Public — Not  constructed  on  private  property;  when 7  2 

Sub-Contractors,  etc. — Must  give  notice  to  City  when 11  19 

School  Property — Disposition  of,  how 11  41 

Sinking  Fund Rev.  2  3-4 

Sinking   Fund— Must    not   be   diverted 11  21 

Shows,  etc. — May  regulate Pol.  Dept.  z  24 

Slaughter  Huu.'^es— May  be  licensed,  etc Health  Dept.  2     9-10-12 

Soap,  Tallow,  etc.,  Plants — Control  same Health  Dept.  2  10-12 

Steam  Engines  and  Boilers — May  regulate,  etc Pol.  Dept.  2  31 

Sunday  Desecration — May  prevent Pol.  Dept.  2  4 

Streets    and     Sidewalks — Used    for    building    materials,    etc. 

Mun.  Serv.  2      ^  1 

Streets — Grades — May  compel  change  of Mun.  Serv.  2  6 

Sidewalks — Excavatioirs  in;   deposit  required — Mun.  Serv.  2  5 

Street  Sar  System — City  may  own,  etc Mun.  S'erv.  2  1 

Sewer  System — May  own,  etc Mun.   Serv.  2  1 

Streets — Maj^  grade,   improve,  vacate,   close,   sprinkle,   sweep. 

keep  clear  of  poles,  obstructions,  etc Mun.  Serw  2  4 

And  Alleys  Vacated — Land  reverts,  how Mun.  Serv.  2  11 

And  Public  Pro]>erty — Commissioner  of 3  8 

Cannot  use  without  franchise;  damages  for 7  1 

Grant  to  public  use;  damages,  ascertained  how_Mun.  Serv.  2  11 

Inalienable,  etc.,  except Franch.  2  17 

Laying  of  sewers,   pipes;    regulation Mun.  Serv.  2  7 

Lighting — May  regulate,  etc Mun.  Serv.  2  14 


Article.  Section. 

Paving — Railways  to  pave,  how?,  etc Franch.  2  17 

And  sidewalk  improvements — Article  IX. 

Improvements — Resolution;  how  adopted;  contains  what.  9  1 

Improvements — City  Engineer;    duties;    specifications 9  1 

Improvements — Contractor;  bond,  surety,  time  of  mainte- 
nance    9  1 

Improvements — Grade — Change  of  Compensation  for  dam- 
ages, when 9  3 

Improvement — By  whom  paid;    City  may  pay  part,   rail- 
ways, street  railways,  etc.;  lien;  how  enforced;  deed 9  4 

Improvement — Street    Crossings — Railways    to    pay    for, 

when 9  4 

Improvement — Contract;    how    let;    advertisement;    bids, 

etc.;  bond 9  5 

Improvement — Cost;  how  apportioned;  lien 9  6 

Improvement — Unplatted  property;   cost;   how  assessed--  9  6 

Improvement — Cost;  front  foot  rule;  not  used  when 9  6 

Improvement — Cost;  deferred  paymeints;  interest  rate 9  6 

Improvement — Engineer's    duty,    estimate,    etc.;     notice; 
hearing;   cost  assessed,  when;   lien;   how  paid;   time; 

lien,  released,  how 9  7 

Improvement — Property  not  assessible;  how  made;  when 

not  made 9  8 

Improvement — Assessment  irregular;  may  re-assess 9  9 

Improvement — Petition  for  by  owners;   cost;   procedure--  9  10 

Improvement — Cost;  City  may  pay  part,  when 9  11 

Improvement — Cost;    when  taxed  against  abutting  prop- 
erty, city  no  liable 9  11 

Improvement — Cost;   lien;   contractor;   special  tax  bill  for 

cost;   how  issued 9  11 

Improvement— Contracts    prior   to    Charter   not    affected; 

carried  out,  how 9  13 

Improvement — Selling    property    under    lien;    error;    cor- 
rected, how 9  13 

Improvements — Suit  to  enforce  lien;   who  joined 9  13 

Improvement — Cost;  assessment  of;  contest;  proceedings; 

suit  filed,  when;  appeal,  when,  etc 9  14 

Unlawful  to  encumber;  penalty 11  33 

Sidewalks — Improvement — By  whom  paid;   lien — Mun.  Serv.  9-2  2-4 

Kept  clean,  etc.;  whose  expense Mun.  Serv.  2  12 

Improvement — How   ordered;    m'aterials,    etc.,   plans,   cost 

assessed;  Engineer's  duties;  Auditor's  duties 9  1 

Improvement — Cost,  grading,  by  whom  paid 9  1 

Improvement — Time  to  build;   failure  of  owner;   proceed- 
ings;   special  benefits;    assessment;    hearing;    notice; 

lienv  etc. 9  1 

Improvement — Sale  of  property;  deed;  evidence 9  1 

Statements — Fiscal;  when  made;  published 3  9 

Taxatiqn — City  may  assess  and  levy  tax;  limit 2  1 

Building — -Public — rate,  vote,  limit  increased,  how 2  1 

Taxes — General;  when  levied;  special,  when  levied 3  17 

And  Assessments — Validated 6  20 

Assessment  and  Collection — Power  of  Board  of  Com's 6  15 

Assessments — Irregular,  complaints;  when  heard;  may  re- 
duce taxes,  etc. 6  23 

Asssssment — Irregular;   re-assessment;   owner;   appeal 6  5 

Assessment — Property  not  rendered;  how  made 6  6 

Assessment — -Property  unknown  persons;  how  made 6  6 

Assessment — Property  how  rendered;   personal  schedule; 

how  valued;  returns  to  whom 8  6 

Assessment    of    property;    omitted;    how    made;    supple- 


Article.  Section, 
mental  roll;    interest  rate;    diligent,  when;    call,  how 

enforced ' 6  5 

Assessment,  under  what   law  made,  etc 6  2 

Assessor — Under  whose  control 6  1 

'         Board  of  Appeals,  Eiqualization;  duty 6  8 

Collected  by  action  of  debt,  when;  tax  rolls 11  S 

Collection  of;    Board  of  Commissioners  to  order;    sale  of 

property,  etc. 6  2 

Collection  of,  by  whom,  paid  over  to  whom,  receipts,  etc.; 

report  to  Commissioners,  when 6  1 

Collectian,  failure  to  deposit;  liability,  interest,  removal--  6  1 

Collection — Power  to  make  sale  for 3  18 

Land  sold  for;  deed;  recitals;  by  whom  made 6  Ig 

Lien— City  may  sue  to  enforce;  rolls,  what  evidence 6  23 

Lien  created;   attaches  when  seizure  of  property 6  9 

List,  oats,  rolls,  etc.,  controlled  by  Board  of  Commissioners  6  3 

List  of  tax-payers;   where  kept 6  8 

No  demand  for:  due;   delinquent,  when;  interest  penalty, 

lien - 6  12 

Property,  assessed  how;  duplicate  rolls  made 6  1 

Property  liable  for;  assessed,  how 3  18 

Property,  if  value  increased;   notice;   may  prorate  taxes, 

when,  how _ 6-6  4-1 

Property — When  rendered  for  taxation;  merchants;  sworn 

statement 6  4 

Personal — Sale  for;   notice;   when  sold;   to  whom 6  13 

Personal — Sale  of;  title  conveyed;  no  redemption 6  17 

Property  description;   owner  estopped,  when 6  22 

Real  Estate — Sale;  notice;  when  sold 6  14 

Removal  of  property;   collector  may  seize  and  sell 6  10 

Sales — City  may  buy;  Mayor  to  attend  sales __  18 

Sale  for  delinquent;  by  whom  and  how  made 6  13 

Sales — Redeemed,  when;  costs;  penalties 6  19 

Suit  to  Collect — Description,  pleading,  judgment 6  21 

When    payable;    property   may   be    sold;    regulations    by 

Board 6  11 

Trees — Shade — Planting,  etc. Mun.  Serv.  2  12 

Telephone  System — I>ocal  charges,  etc.;  regulation  of Fran.  2  19 

City  may  own,  operate,  etc Mun.  S'erv.  2  1 

Vagrants — Who  are;  may  punish Pol.  Dept.  2-2  4-20 

Vegetables — Sale  of;  may  regulate Pol  Dept.  2  9 

Vehicles — Drivers — May  regulate,  etc Pol.  Dept.  2  6 

at  Railway  Depots — May  regulate Pol.  Dept.  2  6 

Water  Course — May  change Mun.  Serv.  2  13 

Supply — May  protect  Arkansas  river Health  Dept.  2  5 

Wells,  Cisterns,  etc. — May  establish,  etc Mun.  Serv.  2  13 

Work.s^May  own,  operate,  etc Mun.  Serv.  2  1 

Wages — Assignment  of  void  when 11  11 

Work  and  T..abor — May  do  work  by  day 11  1 

What  is  day's  work,  when 11  2 

House — May  provide   Pol.   Dept.  2  27 

Weights  and  Measures — Inspection,  etc Pol.  Dept.  2  5 

Weighers— City  may  appoint - Health  Dept.  2  11 

Warehouses,  etc. — Contract  of Pol.  Dept.  2  34 

Wires — May  regulate;  underground,  when Pol.  Dept.  2  35 

Year — Current;  when  begins 3  16 


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